American Mining Congress v. Mine Safety

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Issue

What is the scope of the interpretive rule exemption of Section 553(b)(3)(A) of the APA?

Discussion

If any of the following questions are a yes, there is legislative rule. If all are no, then we have an interpretive rule:

"

  1. whether in the absence of the rule there would not be an adequate legislative basis for enforcement action or other agency action to confer benefits or ensure the performance of duties
  2. whether the agency has published the rule in the Code of Federal Regulations
  3. whether the agency ahs explicity invoked its general legislative authority
  4. whether the rule effectively amends a prior legislative rule

"

Just because a rule gives more crip and details guidlines, does not mean that it is legislative, because if that was the standard, then no rule would be interpretive.