---
title: "Check a federal rulemaking file against the notice-and-comment steps"
url: "https://ailawframework.com/practice/administrative-and-public-law/build-a-delegated-legislation-validity-checklist/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A31-T1-R9-US"
practice_area: "Administrative & Public Law"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Check a federal rulemaking file against the notice-and-comment steps

> For the rule file, mark whether it contains a Federal Register notice or a statement of actual notice, the legal authority cited, the terms or a description of the subjects, an internet address for a short…

Canonical page: https://ailawframework.com/practice/administrative-and-public-law/build-a-delegated-legislation-validity-checklist/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Administrative & Public Law](https://ailawframework.com/practice/administrative-and-public-law.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | For the rule file, mark whether it contains a Federal Register notice or a statement of actual notice, the legal authority cited, the terms or a description of the subjects, an internet address for a short plain-language summary, a comment period, a concise statement of basis and purpose, and a publication date at least 30 days before the effective date. Do not decide that an exception applies. |
| What the lawyer must review | 5 U.S.C. § 553(b) requires general notice in the Federal Register unless the persons subject to the rule are named and served or have actual notice. The notice includes time, place, and nature, the legal authority, the terms or substance or a description of the subjects, and the internet address of a plain-language summary of not more than 100 words. Section 553(c) requires an opportunity for written comment and a concise general statement of basis and purpose. Section 553(d) requires publication or service of a substantive rule not less than 30 days before it takes effect, with the exceptions the subsection states. You decide whether an exception in § 553(a) or (b) applies. State rulemaking is not this section. |
| Written for | United States |
| Applies to | [Build a delegated-legislation validity checklist](https://ailawframework.com/practice/administrative-and-public-law/build-a-delegated-legislation-validity-checklist.md) |

## Checking plan

- What the AI does: For the rule file, mark whether it contains a Federal Register notice or a statement of actual notice, the legal authority cited, the terms or a description of the subjects, an internet address for a short plain-language summary, a comment period, a concise statement of basis and purpose, and a publication date at least 30 days before the effective date. Do not decide that an exception applies.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- The section does not apply to a military or foreign-affairs function, or to agency management or personnel, or to public property, loans, grants, benefits, or contracts. The tool only records a claim of that kind.
- Interpretative rules, general statements of policy, and rules of agency organization, procedure, or practice are outside the notice subsection unless a statute requires notice. Good cause must be found and stated in the rule.
- Judicial review of the finished rule, where it is final agency action, is under §§ 704 and 706. The checklist is not that review.

## Sources

- [5 U.S.C. § 553, Rule making](https://www.law.cornell.edu/uscode/text/5/553) (checked 2026-10-22)
- [5 U.S.C. § 706, Scope of review](https://www.law.cornell.edu/uscode/text/5/706) (checked 2026-10-22)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Registration and sunsetting check for a legislative instrument](https://ailawframework.com/precedents/administrative-and-public-law/legislative-instrument-registration-and-sunset.md) | Checklist | Yellow | A check of registration under the Legislation Act 2003 (Cth) section 15K and the repeal day under section 50, for an instrument the principal confirms is a legislative instrument. |

Signed-in accounts can read the full text of each one.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*