The Life of a Regulation

An agency determines that a new regulation or a change to an existing regulation is needed. This may be in response to a new law, court ruling, policy objective, or operational challenge. Agencies often (but not always) publicize upcoming regulatory actions in the Unified Agenda of Regulatory and Deregulatory Actions, more commonly known as the Unified Regulatory Agenda (URA)A government publication that lists regulations federal agencies are working on or expect to work on in the future. Note: it has been inconsistently used by the Trump Administration., published on Reginfo.gov and Regulations.gov.

The rule may be published as a notice of proposed rulemaking (NPRM)Often called a Notice of Proposed Rulemaking, this is a draft regulation published by a government agency. The public can review it and submit comments before the agency decides whether to make it final., interim final rule (IFR)A rule that takes effect right away because an agency believes there is good cause not to wait. The public can still submit comments, and the agency may later revise the rule based on those comments., or direct final ruleA rule a government agency believes is routine or unlikely to be controversial. If no significant objections are received, the rule becomes final; if there are serious objections, the agency must withdraw it.. In some cases, agencies seek input before drafting a rule through meetings, listening sessions, or an Advanced Notice of Public Rulemaking (ANPRM)A public notice issued by a federal agency before it writes a proposed regulation, asking the public for ideas, information, or feedback that can help shape the proposed rule..

If the rule is a significant regulatory actionDefined in Executive Order 12866 (1993): any regulatory action likely to have an annual economic effect of $100 million or more, create inconsistency with another agency's action, materially alter budgetary impacts, or raise novel legal or policy issues., the agency submits it to the Office of Information and Regulatory Affairs (OIRA)A government office that reviews significant proposed and final regulations before they are published, checking whether a regulation is necessary and whether its benefits outweigh its costs., a division within the Office of Management and Budget (OMB)The larger office that oversees the federal budget and government management. OIRA is a component of OMB., for a full government review. This review can take up to 90 days and may be shortened or extended. OIRA works with other agencies to coordinate comments and input, including a cost-and-benefit analysis.

The Administrative Procedures Act (APA)A federal law that explains how government agencies must create, change, and enforce regulations. It helps make sure the public has a chance to learn about and comment on proposed rules. — the law governing many regulatory actions — has several exceptions to the rules that require comment. Before this administration, the default was to allow a notice-and-comment process wherever the public's substantive interests were affected. Exemptions apply to rules on military or foreign affairs, agency management or personnel, or public property, loans, grants, benefits, or contracts. A second group of exemptions covers rules that don't regulate public conduct — interpretative rules, general policy statements, or agency organizational/procedural rules. Finally, an agency can skip notice and comment for "good cause," if it can justify that public comment is impracticable, unnecessary, or contrary to the public interest — an explanation of that good cause must be included in the regulation.

Once the rule clears OIRA review, the agency publishes a proposed rule in the Federal RegisterThe U.S. government's official daily publication where federal agencies announce new rules, proposed rules, and important notices. It's like a bulletin board for the federal government., explaining the proposed changes and its reasoning.

Where a good-cause or procedural/policy exemption applies, a rule can become effective immediately upon publication — unlike rules that go through notice and comment, which require a 30-day wait before the final rule takes effect.

For guidance, see how to find proposed rules on the Federal Register and how to read and understand a proposed rule.

The public gets a window to submit comments — typically 30 to 60 days. You can find the specific window under the "Dates" header of the proposed rule. Individuals can then share feedback, data, and recommendations.

For guidance, see how to write, structure, and submit your comment and how to view others' submitted comments.

Once the comment period closes, the agency is required — under the APAAdministrative Procedures Act: a federal law that explains how government agencies must create, change, and enforce regulations, and ensures the public has a chance to learn about and comment on proposed rules. — to consider, review, and respond to significant issues raised in the comments it received. Based on that feedback, the agency may revise, narrow, expand, or withdraw the proposal.

The agency's responses to comments appear in the next iteration of the proposal, or in the final rule itself.

There's no set amount of time an agency must spend considering comments before publishing a final rule. The final rule must be published in the Federal RegisterThe U.S. government's official daily publication where federal agencies announce new rules, proposed rules, and important notices. It's like a bulletin board for the federal government., and should explain the agency's reasoning and respond to comments received during the public comment period.

This step can follow right after Step 3 when a good-cause or procedural/policy exemption applies — skipping the comment period and agency review.

In most cases, the rule takes effect 30 or 60 days after publication, or as specified in the final rule itself. Final rules can go into effect immediately if they respond to a natural disaster or public health emergency, or if they only make technical changes that don't affect the public at large.

After a final rule is published and its effective date has passed, the agency can publish further documents interpreting or explaining the rule without going through notice and comment again.

For guidance, see how to find a rule's effective date.