Guide · Administrative Law

Federal Rulemaking: A Comprehensive Guide to Notice and Comment, Logical Outgrowth, the Administrative Record, Exemptions, and Review

5 U.S.C. § 551

Type
Guide
Jurisdiction
National
Date
2024-11-08
Topic
Administrative Law

This guide covers federal rulemaking from the decision to regulate through judicial review of the resulting rule. It begins with the statutory framework and with the distinction between legislative rules and the categories that escape the process, because that distinction determines whether any of the rest applies. It then works through the notice requirement, the comment period, the logical outgrowth limit on the final rule, and the construction of the administrative record. Separate parts address the analytical requirements imposed by other statutes, the executive review process, and the special procedures some organic statutes impose. The review parts cover reviewability and timing, the reasoned decisionmaking standard, the treatment of changes in position, the current allocation of interpretive authority between courts and agencies, and the remedies a court may order.

Federal Rulemaking: A Comprehensive Guide to Notice and Comment, Logical Outgrowth, the Administrative Record, Exemptions, and Review

Administrative Law > Rulemaking, Notice and Comment, and the Administrative Record | Published 8 November 2024 - Updated 27 February 2026 | UpLaw - uplaw.us

Part one: the statutory framework

5 U.S.C. § 551 defines a rule as an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy, and defines rulemaking as the process for formulating, amending, or repealing a rule.

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