"APA is the principal law governing how agencies make rules. The law prescribes uniform standards for rulemaking, requires agencies to inform the public about their rules, and provides opportunities for public participation in the rulemaking process. Most federal rules are promulgated using the APA-established informal rulemaking process, also known as "notice and comment" rulemaking. APA outlines a multistep process to initiate and develop rules and includes provisions for parties to challenge them, which [an agency] must follow. Many steps require agencies to provide public notice of proposed or final actions as well as provide a period for interested parties to comment on the notices-hence the "notice and comment" label. APA does not generally address time frames for informal rulemaking actions, limits on contacts between agency officials and stakeholders, or requirements for "closing" dockets." - FCC Should Take Steps to Ensure Equal Access to Rulemaking Information, GAO-07-1046, p. 8 (Sept. 2007)
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| Source: DoI (pd) |
"The Administrative Procedure Act (APA) applies to all executive branch agencies, including so-called independent regulatory agencies. [5 U.S.C. § 551(a)] The APA prescribes procedures for agency actions such as rulemaking, as well as standards for judicial review of agency actions. [5 U.S.C. §§ 551(a), 701-06] Rulemaking is the “agency process for formulating, amending, or repealing a rule,” [5 U.S.C. § 551(5)] where a rule is defined as “an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of an agency.” [5 U.S.C. § 551(4)]" - CRS 2011, p. 1.
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