5 U.S. Code § 553 - Rule making

(a) This section applies, according to the provisions thereof, except to the extent that there is involved—
(1) a military or foreign affairs function of the United States; or
(2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts.
(b) General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include—
(1) a statement of the time, place, and nature of public rule making proceedings;
(2) reference to the legal authority under which the rule is proposed; and
(3) either the terms or substance of the proposed rule or a description of the subjects and issues involved.
Except when notice or hearing is required by statute, this subsection does not apply—
(A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or
(B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.
(c) After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through submission of written data, views, or arguments with or without opportunity for oral presentation. After consideration of the relevant matter presented, the agency shall incorporate in the rules adopted a concise general statement of their basis and purpose. When rules are required by statute to be made on the record after opportunity for an agency hearing, sections 556 and 557 of this title apply instead of this subsection.
(d) The required publication or service of a substantive rule shall be made not less than 30 days before its effective date, except—
(1) a substantive rule which grants or recognizes an exemption or relieves a restriction;
(2) interpretative rules and statements of policy; or
(3) as otherwise provided by the agency for good cause found and published with the rule.
(e) Each agency shall give an interested person the right to petition for the issuance, amendment, or repeal of a rule.

Source

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 383.)

Historical and Revision Notes
Derivation U.S. Code Revised Statutes and Statutes at Large
5 U.S.C. 1003. June 11, 1946, ch. 324, § 4, 60 Stat. 238.

In subsection (a)(1), the words “or naval” are omitted as included in “military”.
In subsection (b), the word “when” is substituted for “in any situation in which”.
In subsection (c), the words “for oral presentation” are substituted for “to present the same orally in any manner”. The words “sections 556 and 557 of this title apply instead of this subsection” are substituted for “the requirements of sections 1006 and 1007 of this title shall apply in place of the provisions of this subsection”.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Codification

Section 553 of former Title 5, Executive Departments and Government Officers and Employees, was transferred to section 2245 of Title 7, Agriculture.
Executive Order No. 12044

Ex. Ord. No. 12044, Mar. 23, 1978, 43 F.R. 12661, as amended by Ex. Ord. No. 12221, June 27, 1980, 45 F.R. 44249, which related to the improvement of Federal regulations, was revoked by Ex. Ord. No. 12291, Feb. 17, 1981, 46 F.R. 13193, formerly set out as a note under section 601 of this title.

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


7 CFR - Agriculture

7 CFR Part 47 - RULES OF PRACTICE UNDER THE PERISHABLE AGRICULTURAL COMMODITIES ACT

9 CFR - Animals and Animal Products

9 CFR Part 392 - PETITIONS FOR RULEMAKING

10 CFR - Energy

10 CFR Part 1 - STATEMENT OF ORGANIZATION AND GENERAL INFORMATION

10 CFR Part 2 - AGENCY RULES OF PRACTICE AND PROCEDURE

10 CFR Part 110 - EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL

11 CFR - Federal Elections

11 CFR Part 200 - PETITIONS FOR RULEMAKING

12 CFR - Banks and Banking

12 CFR Part 412 - ACCEPTANCE OF PAYMENT FROM A NON-FEDERAL SOURCE FOR TRAVEL EXPENSES

12 CFR Part 414 - CONFERENCE AND OTHER FEES

12 CFR Part 1102 - APPRAISER REGULATION

15 CFR - Commerce and Foreign Trade

15 CFR Part 4 - DISCLOSURE OF GOVERNMENT INFORMATION

15 CFR Part 60 - PUBLIC INFORMATION

15 CFR Part 903 - PUBLIC INFORMATION

15 CFR Part 950 - ENVIRONMENTAL DATA AND INFORMATION

16 CFR - Commercial Practices

16 CFR Part 3 - RULES OF PRACTICE FOR ADJUDICATIVE PROCEEDINGS

16 CFR Part 1025 - RULES OF PRACTICE FOR ADJUDICATIVE PROCEEDINGS

16 CFR Part 1033 - DISPLAY OF CONTROL NUMBERS FOR COLLECTION OF INFORMATION REQUIREMENTS UNDER THE PAPERWORK REDUCTION ACT

16 CFR Part 1051 - PROCEDURE FOR PETITIONING FOR RULEMAKING

16 CFR Part 1052 - PROCEDURAL REGULATIONS FOR INFORMAL ORAL PRESENTATIONS IN PROCEEDINGS BEFORE THE CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1101 - INFORMATION DISCLOSURE UNDER SECTION 6(b) OF THE CONSUMER PRODUCT SAFETY ACT

16 CFR Part 1117 - REPORTING OF CHOKING INCIDENTS INVOLVING MARBLES, SMALL BALLS, LATEX BALLOONS AND OTHER SMALL PARTS

16 CFR Part 1615 - STANDARD FOR THE FLAMMABILITY OF CHILDREN'S SLEEPWEAR: SIZES 0 THROUGH 6X (FF 3-71)

16 CFR Part 1616 - STANDARD FOR THE FLAMMABILITY OF CHILDREN'S SLEEPWEAR: SIZES 7 THROUGH 14 (FF 5-74)

18 CFR - Conservation of Power and Water Resources

18 CFR Part 6 - SURRENDER OR TERMINATION OF LICENSE

18 CFR Part 8 - RECREATIONAL OPPORTUNITIES AND DEVELOPMENT AT LICENSED PROJECTS

18 CFR Part 36 - RULES CONCERNING APPLICATIONS FOR TRANSMISSION SERVICES UNDER SECTION 211 OF THE FEDERAL POWER ACT

18 CFR Part 154 - RATE SCHEDULES AND TARIFFS

18 CFR Part 273

18 CFR Part 274

18 CFR Part 281 - NATURAL GAS CURTAILMENT UNDER THE NATURAL GAS POLICY ACT OF 1978

18 CFR Part 286 - ACCOUNTS, RECORDS, MEMORANDA AND DISPOSITION OF CONTESTED AUDIT FINDINGS AND PROPOSED REMEDIES

18 CFR Part 294 - PROCEDURES FOR SHORTAGES OF ELECTRIC ENERGY AND CAPACITY UNDER SECTION 206 OF THE PUBLIC UTILITY REGULATORY POLICIES ACT OF 1978

18 CFR Part 341 - OIL PIPELINE TARIFFS: OIL PIPELINE COMPANIES SUBJECT TO SECTION 6 OF THE INTERSTATE COMMERCE ACT

18 CFR Part 375 - THE COMMISSION

18 CFR Part 376 - ORGANIZATION, MISSION, AND FUNCTIONS; OPERATIONS DURING EMERGENCY CONDITIONS

18 CFR Part 382 - ANNUAL CHARGES

18 CFR Part 385 - RULES OF PRACTICE AND PROCEDURE

18 CFR Part 388 - INFORMATION AND REQUESTS

18 CFR Part 390 - ELECTRONIC REGISTRATION

20 CFR - Employees' Benefits

20 CFR Part 640 - STANDARD FOR BENEFIT PAYMENT PROMPTNESS—UNEMPLOYMENT COMPENSATION

21 CFR - Food and Drugs

21 CFR Part 10 - ADMINISTRATIVE PRACTICES AND PROCEDURES

21 CFR Part 12 - FORMAL EVIDENTIARY PUBLIC HEARING

21 CFR Part 13 - PUBLIC HEARING BEFORE A PUBLIC BOARD OF INQUIRY

21 CFR Part 15 - PUBLIC HEARING BEFORE THE COMMISSIONER

21 CFR Part 357 - MISCELLANEOUS INTERNAL DRUG PRODUCTS FOR OVER-THE-COUNTER HUMAN USE

21 CFR Part 606 - CURRENT GOOD MANUFACTURING PRACTICE FOR BLOOD AND BLOOD COMPONENTS

21 CFR Part 607 - ESTABLISHMENT REGISTRATION AND PRODUCT LISTING FOR MANUFACTURERS OF HUMAN BLOOD AND BLOOD PRODUCTS

21 CFR Part 640 - ADDITIONAL STANDARDS FOR HUMAN BLOOD AND BLOOD PRODUCTS

22 CFR - Foreign Relations

22 CFR Part 215 - REGULATIONS FOR IMPLEMENTATION OF PRIVACY ACT OF 1974

28 CFR - Judicial Administration

28 CFR Part 16 - PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION

29 CFR - Labor

29 CFR Part 18 - RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES

29 CFR Part 103 - OTHER RULES

29 CFR Part 104 - NOTIFICATION OF EMPLOYEE RIGHTS; OBLIGATIONS OF EMPLOYERS (effective date delayed indefinitely)

29 CFR Part 511 - WAGE ORDER PROCEDURE FOR AMERICAN SAMOA

29 CFR Part 1903 - INSPECTIONS, CITATIONS AND PROPOSED PENALTIES

29 CFR Part 1904 - RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES

29 CFR Part 1910 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS

29 CFR Part 1911 - RULES OF PROCEDURE FOR PROMULGATING, MODIFYING, OR REVOKING OCCUPATIONAL SAFETY OR HEALTH STANDARDS

29 CFR Part 1912 - ADVISORY COMMITTEES ON STANDARDS

29 CFR Part 1912a - NATIONAL ADVISORY COMMITTEE ON OCCUPATIONAL SAFETY AND HEALTH

29 CFR Part 1917 - MARINE TERMINALS

29 CFR Part 1918 - SAFETY AND HEALTH REGULATIONS FOR LONGSHORING

29 CFR Part 1926 - SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION

29 CFR Part 1928 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR AGRICULTURE

29 CFR Part 1960 - BASIC PROGRAM ELEMENTS FOR FEDERAL EMPLOYEE OCCUPATIONAL SAFETY AND HEALTH PROGRAMS AND RELATED MATTERS

29 CFR Part 2400 - REGULATIONS IMPLEMENTING THE PRIVACY ACT

31 CFR - Money and Finance: Treasury

31 CFR Part 8 - PRACTICE BEFORE THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS

31 CFR Part 10 - PRACTICE BEFORE THE INTERNAL REVENUE SERVICE

32 CFR - National Defense

32 CFR Part 202 - RESTORATION ADVISORY BOARDS

33 CFR - Navigation and Navigable Waters

33 CFR Part 1 - GENERAL PROVISIONS

36 CFR - Parks, Forests, and Public Property

36 CFR Part 5 - COMMERCIAL AND PRIVATE OPERATIONS

36 CFR Part 25 - NATIONAL MILITARY PARKS; LICENSED GUIDE SERVICE REGULATIONS

36 CFR Part 1600 - PUBLIC AVAILABILITY OF DOCUMENTS AND RECORDS

37 CFR - Patents, Trademarks, and Copyrights

37 CFR Part 102 - DISCLOSURE OF GOVERNMENT INFORMATION

40 CFR - Protection of Environment

40 CFR Part 1601 - PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT

40 CFR Part 1602 - PROTECTION OF PRIVACY AND ACCESS TO INDIVIDUAL RECORDS UNDER THE PRIVACY ACT OF 1974

41 CFR - Public Contracts and Property Management

41 CFR Part 105-55 - COLLECTION OF CLAIMS OWED THE UNITED STATES

41 CFR Part 105-57 - ADMINISTRATION WAGE GARNISHMENT

43 CFR - Public Lands: Interior

43 CFR Part 2 - RECORDS AND TESTIMONY; FREEDOM OF INFORMATION ACT

43 CFR Part 14 - PETITIONS FOR RULEMAKING

43 CFR Part 414 - OFFSTREAM STORAGE OF COLORADO RIVER WATER AND DEVELOPMENT AND RELEASE OF INTENTIONALLY CREATED UNUSED APPORTIONMENT IN THE LOWER DIVISION STATES

43 CFR Part 426 - ACREAGE LIMITATION RULES AND REGULATIONS

43 CFR Part 427 - WATER CONSERVATION RULES AND REGULATIONS

43 CFR Part 428 - INFORMATION REQUIREMENTS FOR CERTAIN FARM OPERATIONS IN EXCESS OF 960 ACRES AND THE ELIGIBILITY OF CERTAIN FORMERLY EXCESS LAND

43 CFR Part 2650 - ALASKA NATIVE SELECTIONS

43 CFR Part 10000 - ORGANIZATION AND FUNCTIONS

44 CFR - Emergency Management and Assistance

44 CFR Part 1 - RULEMAKING; POLICY AND PROCEDURES

44 CFR Part 18 - NEW RESTRICTIONS ON LOBBYING

46 CFR - Shipping

46 CFR Part 206

46 CFR Part 501 - THE FEDERAL MARITIME COMMISSION—GENERAL

46 CFR Part 502 - RULES OF PRACTICE AND PROCEDURE

46 CFR Part 503 - PUBLIC INFORMATION

46 CFR Part 504 - PROCEDURES FOR ENVIRONMENTAL POLICY ANALYSIS

46 CFR Part 508 - EMPLOYEE ETHICAL CONDUCT STANDARDS AND FINANCIAL DISCLOSURE REGULATIONS

46 CFR Part 515 - LICENSING, FINANCIAL RESPONSIBILITY REQUIREMENTS, AND GENERAL DUTIES FOR OCEAN TRANSPORTATION INTERMEDIARIES

46 CFR Part 520 - CARRIER AUTOMATED TARIFFS

46 CFR Part 530 - SERVICE CONTRACTS

46 CFR Part 532 - NVOCC NEGOTIATED RATE ARRANGEMENTS

46 CFR Part 535 - OCEAN COMMON CARRIER AND MARINE TERMINAL OPERATOR AGREEMENTS SUBJECT TO THE SHIPPING ACT OF 1984

46 CFR Part 540 - PASSENGER VESSEL FINANCIAL RESPONSIBILITY

46 CFR Part 545 - INTERPRETATIONS AND STATEMENTS OF POLICY

46 CFR Part 550 - REGULATIONS TO ADJUST OR MEET CONDITIONS UNFAVORABLE TO SHIPPING IN THE FOREIGN TRADE OF THE UNITED STATES

46 CFR Part 555 - ACTIONS TO ADDRESS ADVERSE CONDITIONS AFFECTING U.S.-FLAG CARRIERS THAT DO NOT EXIST FOR FOREIGN CARRIERS IN THE UNITED STATES

46 CFR Part 560 - ACTIONS TO ADDRESS CONDITIONS UNDULY IMPAIRING ACCESS OF U.S.-FLAG VESSELS TO OCEAN TRADE BETWEEN FOREIGN PORTS

49 CFR - Transportation

49 CFR Part 244 - REGULATIONS ON SAFETY INTEGRATION PLANS GOVERNING RAILROAD CONSOLIDATIONS, MERGERS, AND ACQUISITIONS OF CONTROL

49 CFR Part 356 - MOTOR CARRIER ROUTING REGULATIONS

49 CFR Part 365 - RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY

49 CFR Part 1002 - FEES

49 CFR Part 1011 - BOARD ORGANIZATION; DELEGATIONS OF AUTHORITY

49 CFR Part 1022

49 CFR Part 1104 - FILING WITH THE BOARD-COPIES-VERIFICATION-SERVICE-PLEADINGS, GENERALLY

49 CFR Part 1106 - PROCEDURES FOR SURFACE TRANSPORTATION BOARD CONSIDERATION OF SAFETY INTEGRATION PLANS IN CASES INVOLVING RAILROAD CONSOLIDATIONS, MERGERS, AND ACQUISITIONS OF CONTROL

49 CFR Part 1135 - RAILROAD COST RECOVERY PROCEDURES

49 CFR Part 1180 - RAILROAD ACQUISITION, CONTROL, MERGER, CONSOLIDATION PROJECT, TRACKAGE RIGHTS, AND LEASE PROCEDURES

 

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