Which of the following agency actions is most likely to fall under one of the exceptions to Notice and Comment Rulemaking under

section 553(3)(b) of the APA?

Group of answer choices

A. The National Forest Service published an FAQ on its website and the Code of Federal Regulations, that prohibits the use of the new vape pen known as the "Mystifier" on forest lands under its campfire restriction rules imposed during wildfire seasons. The Mystifier does not produce smoke, and its heating mechanism does not utilize an open flame. Mystifer users that violate this policy will subject to fines up to $5,000.

B. During the height of the Covid-19 pandemic, the Food and Drug Administration issued a policy committing the agency to protect the public health by ensuring the safety, efficacy, and security of human and veterinary drugs, biological products, and medical devices.

C. The Consumer Financial Protection Bureau issued a guidance manual for the financial institutions it regulates. A section of the guidance manual requires regulated entities to send the CFPB Director a certified letter by April 15 every year that affirms that the entity has not engaged in any unlawful consumer practices during the prior 12 months. The guidance specifies that failure to send the certified letter by the deadline will result in a presumption that the entity has violated CFPB regulations in any subsequent enforcement action initiated by the agency any time in the following 12 months after the deadline has passed.

D. The Food Safety and Inspection Service promulgated an interpretive rule that "Use-By" dates on the product labels for infant formula inspected by the United States Department of Agriculture are no longer required under existing regulation if the manufacturer, packer, or distributor of the product has published a comprehensive product analysis on its website(s) that details shelf life, best practices for storage, handing, use and preparation, and any other pertinent information.