56. What is the main point of the passage above?
A. Identify the legal requirements of making new rules.
B. Highlight the cases when rulemaking is optional.
C. Outline the components of rulemaking procedures.
D. Discuss the importance of the rulemaking preamble.
57. What is the role of the preamble in a Notice of Proposed Rule Making?
A. Cite the authority of the rule.
B. Provide contact information for questions about the rule.
C. Explain any exemptions the department is claiming.
D. Describe the exact wording of the rule.
58. An agency may not need to provide a Notice of Proposed Rule Making it.
A. a similar rule has already been approved.
B. the rule is in response to an emergency.
C. the rule would constitute “common sense”
D. there is a reasonable timeframe established for questions.
Norice or rroposed Kule making The informal rulemaking process, which often is referred to as "notice-and-comment rule making. requires that an agency first issue a Notice of Proposed Rule Making (NPRM) and provide an opportunity for public comment on the proposal before it can issue a final rule. There are exceptions to the requirement for notice and comment. Some agency rule makings are completely exempted. Other rule makings may be exempted for "good cause" (impracticable, unnecessary, or contrary to the public interest" e.g. for such things as "emergencies"). The NPRM must have a preamble, a main body and a conclusion, but proposed rule text is optional. However, departments rarely, if ever, omit the proposed rule text. The NPRM also includes such information as the deadline for comments, how and where to file comments, and people to contact for information about the proposal. The preamble explains the need and the authority for the proposed rule, including a discussion of any statutory constraints. The main body explains any rule text or subjects and issues involved. This would include how the agency chose its proposed solution to the problem or need for the rule. For example. it may explain the safety data that justifies the proposed rule and applying it to certain individuals but not to others. The conclusion contains summaries of or the actual analyses the agency has prepared for the proposal (e g. the risk assessment and the economic analysis). Although the public may comment on anything in the proposal, including the agency's analyses, the agency may include specific questions on which it particularly wants public comment and data.