(a) This section applies, according to the provisions thereof, except to
the extent that there is involved -
(1) a military or foreign affairs function of the United States; or
(2) a matter relating to agency management or personnel or to public property,
loans, grants, benefits, or contracts.
(b) General notice of proposed rule making shall be published in the Federal
Register, unless persons subject thereto are named and either personally served
or otherwise have actual notice thereof in accordance with law. The notice
shall include -
(1) a statement of the time, place, and nature of public rule making proceedings;
(2) reference to the legal authority under which the rule is proposed;
and
(3) either the terms or substance of the proposed rule or a description
of the subjects and issues involved. Except when notice or hearing is required
by statute, this subsection does not apply -
(A) to interpretative rules, general statements of policy, or rules of
agency organization, procedure, or practice; or
(B) when the agency for good cause finds (and incorporates the finding
and a brief statement of reasons therefor in the rules issued) that notice
and public procedure thereon are impracticable, unnecessary, or contrary to
the public interest.
(c) After notice required by this section, the agency shall give interested
persons an opportunity to participate in the rule making through submission
of written data, views, or arguments with or without opportunity for oral
presentation. After consideration of the relevant matter presented, the agency
shall incorporate in the rules adopted a concise general statement of their
basis and purpose. When rules are required by statute to be made on the record
after opportunity for an agency hearing, sections 556
and 557 of this title apply instead of this subsection.
(d) The required publication or service of a substantive rule shall be
made not less than 30 days before its effective date, except -
(1) a substantive rule which grants or recognizes an exemption or relieves
a restriction;
(2) interpretative rules and statements of policy; or
(3) as otherwise provided by the agency for good cause found and published
with the rule.
(e) Each agency shall give an interested person the right to petition for
the issuance, amendment, or repeal of a rule.
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