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Rulemaking Exceptions Under the APA rulemaking process, agencies must normally publish a notice of proposed rulemaking (NPRM) in the Federal Register. However, the APA also contains a number of rulemaking exceptions. Two broad categories of rules-those dealing with military or foreign affairs functions and those relating to agency management or personnel or to public property, loans, grants, benefits, or contracts-are excepted from all of the requirements of section 553. Despite these rather broad subject-matter exceptions, it should be noted that agencies engaged in rulemaking covered by these exceptions may be required by other laws or directives to use some public participation procedures. For example, the Social Security Act provides that regulations prescribing standards for benefits eligibility are subject to section 553 rulemaking procedures. Broad exceptions from the notice-and-comment process also exist for other types of rules, such as interpretive rules, general statements of policy, and rules of agency organization, procedure or practice. (See Guidance; Interpretive Rule) Finally, the APA authorizes agencies to dispense with certain procedures for rules when they find "good cause" to do so. Under section 553(b)(B), the requirements of notice and opportunity for comment do not apply when the agency, for good cause, finds that those procedures are "impracticable, unnecessary, or contrary to the public interest." Section 553(d)(3) allows an agency, upon finding good cause, to make a rule effective immediately, thereby avoiding the 30-day delayed effective date requirement in section 553. These two exceptions give agencies flexibility by allowing them to dispense with procedures in promulgating rules not otherwise excepted, but like other exceptions, they are construed narrowly by the courts. Moreover, an agency must give supporting reasons for invoking the good cause exceptions.
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