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People also ask
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What are the three basic steps involved in notice and comment rulemaking?
This can be simplified into 3 steps: Notice. The notice requirement is accomplished by publishing a “Notice of Proposed Rulemaking” in the Federal Register. ... Comments and Consideration. ... Publication of Final Rule.
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What are the requirements for notice and comment?
The notice‐and‐comment process enables anyone to submit a comment on any part of the proposed rule. This process is not like a ballot initiative or an up‐or‐down vote in a legislature. An agency is not permitted to base its final rule on the number of comments in support of the rule over those in opposition to it.
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What are the requirements for notice and comment rulemaking?
In notice-and-comment rulemaking, an agency must first issue a notice of proposed rulemaking (NPRM) and provide an opportunity for public comment on the proposal before it can issue a final rule. There are exceptions to the requirement for notice and comment.
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What are the requirements for the notice of proposed rulemaking?
The APA requires a minimum 45-day period for the public to comment to the agency in writing on the proposed regulation. The notice of proposed action specifies the rulemaking agency name, contact person and address where the comments must be directed and the date the written comment period closes.
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What are the exceptions to notice and comment rulemaking?
Under section 553(b)(B), the requirements of notice and opportunity for comment do not apply when the agency, for good cause, finds that those procedures are "impracticable, unnecessary, or contrary to the public interest." Section 553(d)(3) allows an agency, upon finding good cause, to make a rule effective ...
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