Under the Administrative Procedure Act, which General Notice provision is NOT required to be included in the Notice of Proposed Rulemaking published in the Federal Register?

Under the Administrative Procedure Act, which General Notice provision is NOT required to be included in the Notice of Proposed Rulemaking published in the Federal Register?

• A. A statement of the time, place, and nature of the public rulemaking proceedings.
• B. An estimate of the administrative costs associated with the proposed rulemaking proceeding.
• C. Reference to the legal authority under which the rule is proposed.
• D. Either the terms or substance of the proposed rule, or a description of the subjects and issues involved.

Answer: (B)

The key idea is what information the APA requires in a Notice of Proposed Rulemaking to inform the public and invite participation. A NPRM must include the time, place, and nature of the rulemaking so people know when and how to participate; it must reference the legal authority under which the rule is proposed to show the basis for the action; and it must provide either the terms or substance of the proposed rule, or a description of the subjects and issues involved so commenters know what is being proposed. An estimate of the administrative costs of the proposed rulemaking, however, is not required by the APA’s general notice. Cost analyses may appear under separate requirements (such as the Regulatory Flexibility Act or other analyses), but they are not part of the general notice mandated by the APA.

The key idea is what information the APA requires in a Notice of Proposed Rulemaking to inform the public and invite participation. A NPRM must include the time, place, and nature of the rulemaking so people know when and how to participate; it must reference the legal authority under which the rule is proposed to show the basis for the action; and it must provide either the terms or substance of the proposed rule, or a description of the subjects and issues involved so commenters know what is being proposed. An estimate of the administrative costs of the proposed rulemaking, however, is not required by the APA’s general notice. Cost analyses may appear under separate requirements (such as the Regulatory Flexibility Act or other analyses), but they are not part of the general notice mandated by the APA.