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posed rule. The agency shall promptly publish any such 
determination. 
‘‘(ii) If the agency does not resolve the petition under 
the procedures of clause (i), it shall grant any such peti-
tion that presents a prima facie case that evidence or other 
information upon which the agency bases the proposed 
rule fails to comply with the Information Quality Act, hold 
the requested hearing not later than 30 days after receipt 
of the petition, provide a reasonable opportunity for cross- 
examination at the hearing, and decide the issues pre-
sented by the petition not later than 60 days after receipt 
of the petition. The agency may deny any petition that 
it determines does not present such a prima facie case. 
‘‘(C) There shall be no judicial review of the agency’s 
disposition of issues considered and decided or determined 
under subparagraph (B)(ii) until judicial review of the 
agency’s final action. There shall be no judicial review of 
an agency’s determination to withdraw a proposed rule 
under subparagraph (B)(i) on the basis of the petition. 
‘‘(D) Failure to petition for a hearing under this 
paragraph shall not preclude judicial review of any claim 
based on the Information Quality Act under chapter 7 of 
this title. 
‘‘(e) HEARINGS
FOR HIGH-IMPACT RULES.—Fol-
lowing notice of a proposed rule making, receipt of com-
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ments on the proposed rule, and any hearing held under 
subsection (d)(4), and before adoption of any high-impact 
rule, the agency shall hold a hearing in accordance with 
sections 556 and 557, unless such hearing is waived by 
all participants in the rule making other than the agency. 
The agency shall provide a reasonable opportunity for 
cross-examination at such hearing. The hearing shall be 
limited to the following issues of fact, except that partici-
pants at the hearing other than the agency may waive de-
termination of any such issue: 
‘‘(1) Whether the agency’s asserted factual 
predicate for the rule is supported by the evidence. 
‘‘(2) Whether there is an alternative to the pro-
posed rule that would achieve the relevant statutory 
objectives at a lower cost (including all costs to be 
considered under subsection (b)(6)) than the pro-
posed rule. 
‘‘(3) If there is more than one alternative to the 
proposed rule that would achieve the relevant statu-
tory objectives at a lower cost than the proposed 
rule, which alternative would achieve the relevant 
statutory objectives at the lowest cost. 
‘‘(4) Whether, if the agency proposes to adopt 
a rule that is more costly than the least costly alter-
native that would achieve the relevant statutory ob-
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jectives (including all costs to be considered under 
subsection (b)(6)), the additional benefits of the 
more costly rule exceed the additional costs of the 
more costly rule. 
‘‘(5) Whether the evidence and other informa-
tion upon which the agency bases the proposed rule 
meets the requirements of the Information Quality 
Act. 
‘‘(6) Upon petition by an interested person who 
has participated in the rule making, other issues rel-
evant to the rule making, unless the agency deter-
mines that consideration of the issues at the hearing 
would not advance consideration of the rule or 
would, in light of the nature of the need for agency 
action, unreasonably delay completion of the rule 
making. An agency shall grant or deny a petition 
under this paragraph within 30 days of its receipt 
of the petition. 
No later than 45 days before any hearing held under this 
subsection or sections 556 and 557, the agency shall pub-
lish in the Federal Register a notice specifying the pro-
posed rule to be considered at such hearing, the issues 
to be considered at the hearing, and the time and place 
for such hearing, except that such notice may be issued 
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not later than 15 days before a hearing held under sub-
section (d)(4)(B). 
‘‘(f) FINAL RULES.—(1) The agency shall adopt a 
rule only following consultation with the Administrator of 
the Office of Information and Regulatory Affairs to facili-
tate compliance with applicable rule making requirements. 
‘‘(2) The agency shall adopt a rule only on the basis 
of the best reasonably obtainable scientific, technical, eco-
nomic, and other evidence and information concerning the 
need for, consequences of, and alternatives to the rule. 
‘‘(3)(A) Except as provided in subparagraph (B), the 
agency shall adopt the least costly rule considered during 
the rule making (including all costs to be considered under 
subsection (b)(6)) that meets relevant statutory objectives. 
‘‘(B) The agency may adopt a rule that is more costly 
than the least costly alternative that would achieve the rel-
evant statutory objectives only if the additional benefits 
of the more costly rule justify its additional costs and only 
if the agency explains its reason for doing so based on 
interests of public health, safety or welfare that are clearly 
within the scope of the statutory provision authorizing the 
rule. 
‘‘(4) When it adopts a final rule, the agency shall 
publish a notice of final rule making. The notice shall in-
clude— 
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‘‘(A) a concise, general statement of the rule’s 
basis and purpose; 
‘‘(B) the agency’s reasoned final determination 
of need for a rule to address the problem the agency 
seeks to address with the rule, including a statement 
of whether a rule is required by statute and a sum-
mary of any final risk assessment or regulatory im-
pact analysis prepared by the agency; 
‘‘(C) the agency’s reasoned final determination 
that the benefits of the rule meet the relevant statu-
tory objectives and justify the rule’s costs (including 
all costs to be considered under subsection (b)(6)); 
‘‘(D) the agency’s reasoned final determination 
not to adopt any of the alternatives to the proposed 
rule considered by the agency during the rule mak-
ing, including— 
‘‘(i) the agency’s reasoned final determina-
tion that no alternative considered achieved the 
relevant statutory objectives with lower costs 
(including all costs to be considered under sub-
section (b)(6)) than the rule; or 
‘‘(ii) the agency’s reasoned determination 
that its adoption of a more costly rule complies 
with subsection (f)(3)(B); 
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‘‘(E) the agency’s reasoned final determina-
tion— 
‘‘(i) that existing rules have not created or 
contributed to the problem the agency seeks to 
address with the rule; or 
‘‘(ii) that existing rules have created or 
contributed to the problem the agency seeks to 
address with the rule, and, if so— 
‘‘(I) why amendment or rescission of 
such existing rules is not alone sufficient 
to respond to the problem; and 
‘‘(II) whether and how the agency in-
tends to amend or rescind the existing rule 
separate from adoption of the rule; 
‘‘(F) the agency’s reasoned final determination 
that the evidence and other information upon which 
the agency bases the rule complies with the Informa-
tion Quality Act; 
‘‘(G) the agency’s reasoned final determination 
that the rule meets the objectives that the agency 
identified in subsection (d)(1)(E)(iii) or that other 
objectives are more appropriate in light of the full 
administrative record and the rule meets those ob-
jectives; 
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‘‘(H) the agency’s reasoned final determination 
that it did not deviate from the metrics the agency 
included in subsection (d)(1)(E)(iii) or that other 
metrics are more appropriate in light of the full ad-
ministrative record and the agency did not deviate 
from those metrics; 
‘‘(I)(i) for any major rule, high-impact rule, or 
negative-impact on jobs and wages rule, the agency’s 
plan for review of the rule no less than every ten 
years to determine whether, based upon evidence, 
there remains a need for the rule, whether the rule 
is in fact achieving statutory objectives, whether the 
rule’s benefits continue to justify its costs, and 
whether the rule can be modified or rescinded to re-
duce costs while continuing to achieve statutory ob-
jectives; and 
‘‘(ii) review of a rule under a plan required by 
clause (i) of this subparagraph shall take into ac-
count the factors and criteria set forth in sub-
sections (b) through (f) of section 553 of this title; 
and 
‘‘(J) for any negative-impact on jobs and wages 
rule, a statement that the head of the agency that 
made the rule approved the rule knowing about the 
findings and determination of the agency or the Ad-
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ministrator of the Office of Information and Regu-
latory Affairs that qualified the rule as a negative 
impact on jobs and wages rule. 
All information considered by the agency in connection 
with its adoption of the rule, and, at the discretion of the 
President or the Administrator of the Office of Informa-
tion and Regulatory Affairs, information provided by that 
Office in consultations with the agency, shall be placed 
in the docket for the rule and made accessible to the public 
for the public’s use no later than when the rule is adopted. 
‘‘(g) EXCEPTIONS FROM NOTICE AND HEARING RE-
QUIREMENTS.—(1) Except when notice or hearing is re-
quired by statute, the following do not apply to interpre-
tive rules, general statements of policy, or rules of agency 
organization, procedure, or practice: 
‘‘(A) Subsections (c) through (e). 
‘‘(B) Paragraphs (1) through (3) of subsection 
(f). 
‘‘(C) Subparagraphs (B) through (H) of sub-
section (f)(4). 
‘‘(2)(A) When the agency for good cause, based upon 
evidence, finds (and incorporates the finding and a brief 
statement of reasons therefor in the rules issued) that 
compliance with subsection (c), (d), or (e) or requirements 
to render final determinations under subsection (f) of this 
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section before the issuance of an interim rule is impracti-
cable or contrary to the public interest, including interests 
of national security, such subsections or requirements to 
render final determinations shall not apply to the agency’s 
adoption of an interim rule. 
‘‘(B) If, following compliance with subparagraph (A) 
of this paragraph, the agency adopts an interim rule, it 
shall commence proceedings that comply fully with sub-
sections (d) through (f) of this section immediately upon 
publication of the interim rule, shall treat the publication 
of the interim rule as publication of a notice of proposed 
rule making and shall not be required to issue supple-
mental notice other than to complete full compliance with 
subsection (d). No less than 270 days from publication 
of the interim rule (or 18 months in the case of a major 
rule or high-impact rule), the agency shall complete rule 
making under subsections (d) through (f) of this sub-
section and take final action to adopt a final rule or re-
scind the interim rule. If the agency fails to take timely 
final action, the interim rule will cease to have the effect 
of law. 
‘‘(C) Other than in cases involving interests of na-
tional security, upon the agency’s publication of an interim 
rule without compliance with subsection (c), (d), or (e) or 
requirements to render final determinations under sub-
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section (f) of this section, an interested party may seek 
immediate judicial review under chapter 7 of this title of 
the agency’s determination to adopt such interim rule. The 
record on such review shall include all documents and in-
formation considered by the agency and any additional in-
formation presented by a party that the court determines 
necessary to consider to assure justice. 
‘‘(3) When the agency for good cause finds (and in-
corporates the finding and a brief statement of reasons 
therefor in the rules issued) that notice and public proce-
dure thereon are unnecessary, including because agency 
rule making is undertaken only to correct a de minimis 
technical or clerical error in a previously issued rule or 
for other noncontroversial purposes, the agency may pub-
lish a rule without compliance with subsection (c), (d), (e), 
or (f)(1)–(3) and (f)(4)(B)–(F). If the agency receives sig-
nificant adverse comment within 60 days after publication 
of the rule, it shall treat the notice of the rule as a notice 
of proposed rule making and complete rule making in com-
pliance with subsections (d) and (f). 
‘‘(h) ADDITIONAL REQUIREMENTS FOR HEARINGS.— 
When a hearing is required under subsection (e) or is oth-
erwise required by statute or at the agency’s discretion 
before adoption of a rule, the agency shall comply with 
the requirements of sections 556 and 557 in addition to 
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the requirements of subsection (f) in adopting the rule and 
in providing notice of the rule’s adoption. 
‘‘(i) DATE OF PUBLICATION OF RULE.—The required 
publication or service of a substantive final or interim rule 
shall be made not less than 30 days before the effective 
date of the rule, except— 
‘‘(1) a substantive rule which grants or recog-
nizes an exemption or relieves a restriction; 
‘‘(2) interpretive rules and statements of policy; 
or 
‘‘(3) as otherwise provided by the agency for 
good cause found and published with the rule. 
‘‘(j) RIGHT TO PETITION.—Each agency shall give 
an interested person the right to petition for the issuance, 
amendment, or repeal of a rule. 
‘‘(k) RULE MAKING GUIDELINES.—(1)(A) The Ad-
ministrator of the Office of Information and Regulatory 
Affairs shall establish guidelines for the assessment, in-
cluding quantitative and qualitative assessment, of the 
costs and benefits of proposed and final rules and other 
economic issues or issues related to risk that are relevant 
to rule making under this title. The rigor of cost-benefit 
analysis required by such guidelines shall be commensu-
rate, in the Administrator’s determination, with the eco-
nomic impact of the rule. 
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‘‘(B) To ensure that agencies use the best available 
techniques to quantify and evaluate anticipated present 
and future benefits, costs, other economic issues, and risks 
as accurately as possible, the Administrator of the Office 
of Information and Regulatory Affairs shall regularly up-
date guidelines established under paragraph (1)(A) of this 
subsection. 
‘‘(2) The Administrator of the Office of Information 
and Regulatory Affairs shall also issue guidelines to pro-
mote coordination, simplification and harmonization of 
agency rules during the rule making process and other-
wise. Such guidelines shall assure that each agency avoids 
regulations that are inconsistent or incompatible with, or 
duplicative of, its other regulations and those of other 
Federal agencies and drafts its regulations to be simple 
and easy to understand, with the goal of minimizing the 
potential for uncertainty and litigation arising from such 
uncertainty. 
‘‘(3) To ensure consistency in Federal rule making, 
the Administrator of the Office of Information and Regu-
latory Affairs shall— 
‘‘(A) issue guidelines and otherwise take action 
to ensure that rule makings conducted in whole or 
in part under procedures specified in provisions of 
law other than those of subchapter II of this title 
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