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

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

Answer: (C)

The key idea is what information the APA requires to be included in a Notice of Proposed Rulemaking. The NPRM must give enough detail to inform the public and invite meaningful comment: it must state the time, place, and nature of the rulemaking proceedings; it must reference the legal authority under which the rule is proposed; and it must include either the terms or substance of the proposed rule or a description of the subjects and issues involved. An estimate of administrative costs, however, is not a mandated element of the NPRM itself. Cost considerations are addressed separately under other statutes or analyses, not as a required part of the general notice. So the statement about estimating administrative costs is not required in the NPRM, making that choice the best answer. The other required elements help ensure the public understands what is being proposed and on what authority, and what issues are at stake.

The key idea is what information the APA requires to be included in a Notice of Proposed Rulemaking. The NPRM must give enough detail to inform the public and invite meaningful comment: it must state the time, place, and nature of the rulemaking proceedings; it must reference the legal authority under which the rule is proposed; and it must include either the terms or substance of the proposed rule or a description of the subjects and issues involved. An estimate of administrative costs, however, is not a mandated element of the NPRM itself. Cost considerations are addressed separately under other statutes or analyses, not as a required part of the general notice. So the statement about estimating administrative costs is not required in the NPRM, making that choice the best answer. The other required elements help ensure the public understands what is being proposed and on what authority, and what issues are at stake.