§553 Rule Making

Summary

Agencies must tell the public before making new rules. They normally must publish a notice in the Federal Register unless the people affected are named and personally served or already have legal notice. The notice must say when, where, and what the rulemaking will be about, what law gives the agency the power, the proposed rule or what topics it covers, and the web address of a plain-language summary of no more than 100 words on regulations.gov. Agencies must let people send written comments and may allow oral comments. After review, the agency must add a short statement saying why it made the rule. If a law requires a formal hearing on the record, sections 556 and 557 apply instead. A rule that changes rights or duties must be published at least 30 days before it takes effect, except for rules that grant exemptions, interpret policies, or when the agency finds good cause and explains why. Agencies must also allow anyone with an interest to ask for a new rule, a change, or repeal. Certain matters are not covered here, like military or foreign affairs functions and internal agency management, personnel, public property, loans, grants, benefits, or contracts.