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1 Agency Guidance through Policy Statements 1 (2017)

handle is hein.usfed/agdpsts0001 and id is 1 raw text is: ADM1NISIRAHVL (ONtTRFN( I OP rilE i. NI tF1~ S1A~ US Administrative Conference Recommendation 2017-5 Agency Guidance Through Policy Statements Adopted December 14, 2017 General statements of policy under the Administrative Procedure Act (hereinafter policy statements) are agency statements of general applicability, not binding on members of the public, issued ... to advise the public prospectively of the manner in which the agency proposes to exercise a discretionary power.' Interpretive rules are defined as rules or statements issued by an agency to advise the public of the agency's construction of the statutes and rules which it administers.12 Both policy statements and interpretive rules are exempt from the APA's requirements for the issuance of legislative rules (including notice and comment)3 and are often referred to as guidance or guidance documents (although usage varies). This Recommendation, however, covers only policy statements, not interpretive rules; nevertheless, many of the recommendations herein regarding flexible use of policy statements may also be helpful with respect to agencies' use of interpretive rules. Over the years, the Conference has issued several recommendations pertaining to policy statements. Recommendation 76-5 states that agencies should provide for public participation in the formulation of policy statements (and of interpretive rules) depending on the impact of the statement in question and the practicability of participation.4 Recommendation 92-2 recognizes I ATTORNEY GENERAL'S MANUAL ON THE ADMINISTRATIVE PROCEDURE ACT 30 n.3 (1947). 21d. 3 5 U.S.C. § 553(b)(A). 4 Admin. Conf. of the U.S., Recommendation 76-5, Interpretive Rules of General Applicability and Statements of General Policy, 41 Fed. Reg. 56,769 (Dec. 30, 1976). Additional prior Conference recommendations pertaining to policy statements and agency guidance more broadly, apart from others referenced specifically in this preamble,

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