According to the Federal Administrative Procedure Act, a notice of proposed rulemaking must contain the following ingredients [i]and is applicable to both formal and informal proceedings.
- A statement of the time, place, and nature of public rule making proceedings;
- Reference to the legal authority under which the rule is proposed;
- Either the terms or substance of the proposed rule or a description of the subjects and issues involved.
However, 5 USCS § 553 subsection (b) is not applicable under certain situations except when the notice or hearing is required by the statute. The non application of this subsection will affect:
- To interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or
- If the agency finds that the notice and public procedure are impracticable, unnecessary, or contrary to the public interest.
In United States v. Daniels, 418 F. Supp. 1074 (D.S.D. 1976), it was observed that a notice of proposed rule making include either the terms or substance of the proposed rule or a description of the subjects and issues involved.
[i] 5 USCS § 553