Logical Outgrowth Under the Administrative Procedure Act

The Administrative Procedure Act (APA) requires agencies to publish in the Federal Register a general notice of proposed rulemaking which needs to include: 1) a statement of the time, place, and nature of public rulemaking proceedings; 2) reference to the legal authority under which the rule is proposed; 3) either the terms or substance of the proposed rule or a description of the subjects and issues involved; and 4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that must be posted on https://www.regulations.gov). After general notice is provided, the agency must give interested persons an opportunity to participate in the rulemaking through submission of written data, views, or arguments with or without opportunity for oral presentation. After consideration of the relevant matter presented by the interested parties, the agency must incorporate in the final rule adopted a concise general statement of the rule’s basis and purpose. This is all the APA states regarding providing notice to interested parties and considering comments in the rulemaking process. Because of this limited instruction, courts have developed the logical outgrowth doctrine, which is a judicially created interpretation ensuring a balance between flexibility for agencies to respond to public comments and adequate notice to interested parties of the subjects that could be addressed in a final rule.