10 LAWS GOVERNING MARINE INSPECTION 



Rule making 



5 U.S.C. 1003 



Except to the extent that there is involved (1) any military, naval, 

 or foreign affairs function of the United States or (2) any matter 

 relating to agency management or personnel or to public property, 

 loans, grants, benefits, or contracts — 



(a) Notice. — General notice of proposed rule making shall be pub- 

 lished in the Federal Kegister (unless all persons subject thereto are 

 named and either personally served or otherwise have actual notice 

 thereof in accordance with law) and shall include (1) a statement of 

 the time, place, and nature of public rule making proceedings; (2) 

 reference to the authority under which the rule is proposed; and (3) 

 either the terms or substance of the proposed rule or a description of 

 the subjects and issues involved. Except where notice or hearing is 

 required by statute, this subsection shall not apply to interpretive 

 rules, general statements of policy, rules of agency organization, pro- 

 cedure, or practice, or in any situation in which the agency for good 

 cause finds (and incorporates the finding and a brief statement of the 

 reasons therefor in the rules issued) that notice and public procedure 

 thereon are impracticable, unnecessary, or contrary to the public 

 interest. 



(b) Procedures. — After notice required by this section, the agency 

 shall afford interested persons an opportunity to participate in the 

 rule making through submission of written data, views, or arguments 

 with or without opportunity to present the same orally in any man- 

 ner; and, after consideration of all relevant matter presented, the 

 agency shall incorporate in any rules adopted a concise general 

 statement of their basis and purpose. Wliere rules are required by 

 statute to be made on the record after opportunity for an agency 

 hearing, the requirements of sections 1006 and 1007 of this title 

 shall apply in place of the provisions of this subsection. 



(c) Time of publication or service of rules. — The required publi- 

 cation or service of any substantive rule (other than one granting or 

 recognizing exemption or relieving restriction or interpretative rules 

 and statements of policy) shall be made not less than thirty days prior 

 to the effective date thereof except as otherwise provided by the agency 

 upon good cause found and published with the rule. 



(d) Petitions. — Every agency shall accord any interested person 

 the right to petition for the issuance, amendment, or repeal of a rule. 



Adjudications 



5 U.S.C. 1004 



In every case of adjudication required by statute to be deter- 

 mined on the record after opportunity for an agency hearing, except 

 to the extent that there is involved (1) any matter subject to a 

 subsequent trial of the law and the facts de novo in any court; 

 (2) the selection or tenure of an officer or employee of the United 

 States other than examiners appointed pursuant to section 11; (3) 

 proceedings in which decisions rest solely on inspections, tests, or 

 elections; (4) the conduct of military, naval, or foreign affairs 



