C.

Congress and Rulemaking Procedure

D. The President and Rulemaking Procedure.

CHAPTER TWO

PROCEDURES APPLYING TO DEVELOPMENT AN PROMULGATION OF DIFFERENT TYPES OF RUI A. What is a Rule?

B. APA Procedures for Different

Types of Rules...

1. Section 552's publication
requirements....

Formal or "on-the-record" rulemaking

CONSIDERING WHETHER TO UNDERTAKE RULEMAKING...72

Legal Constraints on Choosing Rulemaking

A.

THE AGENCY PROCESS PRIOR TO THE NOTICE OF

PROPOSED RULEMAKING...

CHAPTER FIVE

THE PUBLIC STAGE OF THE RULEMAKING

PROCEEDING..

1.

A. The Notice of Proposed Rulemaking.
Federal Register vs. actual notice
APA notice content requirements
3. Federal Register requirements ..

B.

C.

2.

4.

Notice of the agency's "intent to rely"
on specific information....

5. Variance between the initial proposal
in the NPRM and the final rule
6. Other considerations regarding
notice ..

Opportunity for Public Comment

1. Development of the law on agency
disclosure of information for
comment...

2. Practical limits and other

considerations regarding disclosure
of information for comment

Use of Hearings in Rulemaking
1. APA requirements ..
2. Hearing requirements in

hybrid rulemaking statutes

3. The position of the Administrative
Conference on hearings in

A.

1.

JUDICIAL REVIEW OF FIN AL RULES Scope of Review--General Provisions.. The Administrative Procedure Act.. Section 706(1): "compel agency a unlawfully withheld or unreasonab delayed"

a.

b. Section 706(2)(A): "arbitrary, cap an abuse of discretion or otherwis accordance with law"