Informal -  553
Steps
-provide notice of proposed rule
-? of what needs to be there to provide fair opp to comment
-prudent advice is to issue new notice every time proposal changes, but unclear when notice actually required
-See Wagner Elec. Corp. v. Volpe (3d Cir. 1972) – rule exceeded notice so interested parties denied right to participate
-Compare South Terminal v. EPA (1st Cir. 1974) – changes were substantial from proposal but consistent with original scheme
-allow for comments (usually written)
-publish final rule that considers and responds to public comments and has statement of rule’s purpose (usually in preamble)
-Only need on-the-record communication when proceedings involve “competing claims”/adversarial (Action for Children’s TV v. FCC (D.C. Cir. 1977))
-Okay that industry proposed self regulation