When may an agency invoke a 'good cause' exception to skip notice-and-comment?

When may an agency invoke a 'good cause' exception to skip notice-and-comment?

• A. The agency wants to expedite publication.
• B. Compelling need to issue immediately to prevent harm and delaying would be impracticable.
• C. No pressing need to act quickly.
• D. The proposed rule is minor.

Answer: (B)

The key idea is that the good cause exception is a narrow allowance to skip the usual notice-and-comment procedures when there is a compelling need to act immediately to prevent harm, and delaying would be impracticable. That’s exactly what option B expresses: there is a compelling need to issue immediately to prevent harm, and delaying would be impracticable. When those elements are shown, the agency may publish and implement the rule without the standard notice-and-comment period, though it must explain the basis for invoking good cause. Expedite publication alone isn’t enough to justify skipping notice and comment; it must be tied to a situation where delay would foreseeably cause harm or be impracticable. A lack of pressing need doesn’t support good cause, and a minor rule doesn’t automatically justify bypassing the procedures unless a true good-cause finding is made.

The key idea is that the good cause exception is a narrow allowance to skip the usual notice-and-comment procedures when there is a compelling need to act immediately to prevent harm, and delaying would be impracticable. That’s exactly what option B expresses: there is a compelling need to issue immediately to prevent harm, and delaying would be impracticable. When those elements are shown, the agency may publish and implement the rule without the standard notice-and-comment period, though it must explain the basis for invoking good cause.

Expedite publication alone isn’t enough to justify skipping notice and comment; it must be tied to a situation where delay would foreseeably cause harm or be impracticable. A lack of pressing need doesn’t support good cause, and a minor rule doesn’t automatically justify bypassing the procedures unless a true good-cause finding is made.