Note on rules that circumscribe adjudicatory hearings

In ATA v. Department of Transportation, 900 F.2d 369 (D.C. Cir. 1990), remanded for consideration of mootness, 498 U.S. 1077 (1991), vacated as moot on remand, 933 F.2d 1043 (D.C. Cir. 1991), a split panel of the United States Court of Appeals for the D.C. Circuit held that procedural regulations that have the effect of circumscribing adjudicatory hearings required by statute must themselves be subjected to notice and comment rulemaking, rather than being promulgated without notice and comment under the exception for procedural rules in 5 U.S. C. sec. 553.