Q: What are the exceptions to Informal Rulemaking ?
exceptions
- military or foreign affairs
- “public property, loans, grants, benefits or contracts”
- interpretative rules
- notice and comment required if (1) non self-executing; (2) published in CFR; (3) invoked legislative authority; (4) amends legislative rule (Am. Mining Congress)
- Nova Scotia Food Prods (added whitefish to regulations – needed notice and comment)
- Hoctor (determination that strong fences had to be 8 feet)
- compare Shalala – didn’t need to use accounting protocol
- agency finds “good cause”
- must invoke at issuance
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