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Sections 556 and 557 of the Administrative Procedures Act govern a rulemaking proceeding only when 5 U.S.C. § 553 so requires. The latter section, dealing generally with rulemaking, makes applicable the provisions of §§ 556 and 557 only '[w]hen rules are required by statute to be made on the record after opportunity for an agency hearing. . . .' For instance, the Esch Act, authorizing the Interstate Commerce Commission 'after hearing, on a complaint or upon its own initiative without complaint, [to] establish reasonable rules, regulations, and practices with respect to car service . . . ,' does not require that such rules 'be made on the record.' 5 U.S.C. § 553. That distinction is determinative. 'A good deal of significance lies in the fact that some statutes do expressly require determinations on the record.' 2 K. Davis, Administrative Law Treatise § 13.08, p. 225 (1958). Sections 556 and 557 need be applied 'only where the agency statute, in addition to providing a hearing, prescribes explicitly that it be on the record.'' Siegel v. Atomic Energy Comm'n, 130 U.S.App.D.C. 307, 314, 400 F.2d 778, 785 (1968); Joseph E. Seagram & Sons Inc. v. Dillon, 120 U.S.App.D.C. 112, 115 ...

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