Thus it is not available when notice and comment procedures have been used.

Permits are limited to a maximum period of five years and use public notice and comment procedures.

The final rule was issued using the notice and comment procedures contained in 5 U.S.C. 553.

Ms. Benten's lawyers had asserted that the drug was seized in violation of Government notice and comment procedures.

As a consequence, the notice and comments procedures in 5 U.S.C. 553 were impracticable.

The Commission promulgated this rule under the notice and comment procedures of 5 U.S.C. 553.

Accordingly, HCFA did not follow notice and comment procedures with respect to this provision.

This notice and comment procedure were not undertaken to comply with the APA rule-making requirements; the agency does not believe that they apply because the Policy is not a rule.

Page 4 GAO/OGC-96-41 HCFA found that notice and comment procedures were unnecessary with respect to this regulatory change since it did not involve an exercise of agency discretion.

Not a legal term of art, but describes the kind of rulemaking performed by agencies that is somewhere between formal (with a hearing and record) and informal (with the notice and comment procedures described above).

The FDA promulgated the rule under the notice and comment procedures of 5 U.S.C. 553 and its own agency regulation regarding the promulgation of regulations found at section 10.40 of Title 21 of the Code of Federal Regulations.

Instead of the notice and comment procedures in the Administrative Procedure Act, the EPA promulgated this rule using the procedures, which have similar notice and comment requirements, contained in section 307(d) of the Clean Air Act, as amended.

The rule was promulgated using the notice and comment procedures of 5 U.S.C. 553 and the procedures contained at 21 U.S.C. 360j(f)(3) concerning the establishment of an advisory committee to advise and submit recommendations to the Secretary regarding regulations concerning good manufacturing practices.

The interim rule was issued without use of the notice and comment procedures of 5 U.S.C. 553 because the Administrator of the Food and Consumer Service had determined it was impracticable to obtain public comments because of the statutory deadline imposed by Public Law 104-193.