Rulemaking (Notice and Comment)
Administrative Law · Lesson 02
Rulemaking (Notice and Comment)
這一課問的是：機關是否符合 APA § 553 之通知與評論要件？
ActorActObjectStandardConsequence
Visual Scene · the picture in your head
Issue. Has the agency satisfied APA § 553's notice-and-comment requirements?
這一課問的是：機關是否符合 APA § 553 之通知與評論要件？
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
§ 553 informal rulemaking
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Notice, comment, statement of basis and purpose.
§ 553 非正式規則制定。
notice of proposed rulemaking
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NPRM published in Federal Register.
規則制定通知。
comment period
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Usually 30-60 days.
評論期。
statement of basis and purpose
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Concise general statement accompanying final rule.
基礎與目的陳述。
logical outgrowth
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Final rule must be logical outgrowth of proposed rule.
邏輯發展。
interpretive rules
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Exempt from § 553 — agency interprets existing law.
解釋規則。
policy statements
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Exempt from § 553 — non-binding policy guidance.
政策聲明。
Issue · what this lesson is really about
Has the agency satisfied APA § 553's notice-and-comment requirements?
這一課問的是：機關是否符合 APA § 553 之通知與評論要件？
Trigger words & phrases that should flag this issue:
proposed rulecommentsFederal Registerlogical outgrowthinterpretive rule
Expression Bank · how lawyers actually say it
Six function → sentence patterns. Use these in essay applications.
| Function | English sentence | 中文 |
|---|---|---|
| State elements | § 553 requires (1) notice of proposed rulemaking, (2) opportunity to comment, (3) concise general statement of basis and purpose. | § 553 三要件。 |
| Apply logical outgrowth | Final rule must be a logical outgrowth of the proposed rule; substantial deviation requires new notice. | 終規須為提案之邏輯發展。 |
| Apply exemptions | Interpretive rules, general statements of policy, and rules of agency procedure are exempt from § 553. | 解釋規則、政策聲明、機關程序規則免除。 |
Rule Sentence · the workhorse
Under APA § 553, informal rulemaking requires (1) publication of notice of proposed rulemaking in the Federal Register, (2) an opportunity for public comment, and (3) publication of the final rule with a concise general statement of basis and purpose; the final rule must be a logical outgrowth of the proposed rule.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人federal agency聯邦機關
Act 行為rulemaking規則制定
Object 對象binding regulation拘束性法規
Standard 法律標準§ 553 procedures§ 553 程序
Consequence 後果valid rule or vacated規則有效或被廢
Casebook Snapshot · a real American case
Chocolate Mfrs. Assn. v. Block
Holding. A final rule must be a logical outgrowth of the proposed rule; a final rule that takes a substantially different direction violates § 553 because it does not give interested parties adequate notice and opportunity to comment.
Why it matters. Logical-outgrowth doctrine: final rule must connect to proposed; otherwise re-notice required.
終規須為提案之邏輯發展；否則須重新通知。
Common Mistakes · what trips students
✗ any final rule 自動 valid。
✓ Final rule must be logical outgrowth of proposed; substantial deviation invalidates.
終規須為邏輯發展。
✗ interpretive rules 須 § 553。
✓ Exempt from § 553.
解釋規則免除。
Mini IRAC · build the Application
Issue. Has Agency violated § 553 by issuing a final rule banning chocolate-flavored milk after proposing to limit it?
Rule. Under § 553, a final rule must be a logical outgrowth of the proposed rule; substantial deviation requires new notice and comment.
Application (model). The proposed rule limited chocolate milk; the final rule banned it entirely. Because § 553 requires logical outgrowth and substantial deviation requires fresh notice, the fact that banning is a categorically different action from limiting — and stakeholders could not have anticipated the ban from the proposed limitation — means the final rule is not a logical outgrowth.
Pick the right element for each blank:
g1.
g2.
g3.
Conclusion. Therefore, the rule violates § 553 and should be vacated, requiring fresh notice-and-comment.
MBE Check · multiple choice
Agency issues guidance document interpreting an existing statute. Must Agency follow § 553 notice-and-comment?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: