Rules that are exempt from the "notice-and-comment" requirements of the APA are those dealing with military or foreign affairs functions and those "relating to agency management or personnel or to public property, loans, grants, benefits or contracts."
Agencies often voluntarily waive an exemption, although when they do so, they still retain the power to omit notice-and-comment when for "good cause" the procedures would be "impracticable, unnecessary, or contrary to the public interest." Congress may, of course, require the agency to follow specific public participation procedure.
There are other exemptions from notice-and-comment procedures:
- Rules of "agency organization, procedure or practice;"
- "Interpretative rules" that add little substantive interpretation of the law; or
- "General statements of policy."