5 U.S. Code § 553 - Rule making
(a) This section applies, according to the provisions thereof, except to the extent that there is involved—
(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—
(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
(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—
Source(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 383.)
|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.
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