Rulemaking

Rulemaking is the process executive and independent agencies use to create regulations. It’s designed to ensure you are informed of proposed rules, have the opportunity to comment on them, and have access to the rulemaking record.

What Is the Rulemaking Process?

1. Advance Notice of Proposed Rulemaking. In this optional step, agencies publish initial analysis of the subject and ask for public comment.
2. Proposed Rule. Next, the proposed regulatory language is published in the Federal Register, including the justification and analysis behind the rule, as well as the agency's response to any advance public comment.
3. Public comment. After publication in the Federal Register, a public comment period begins. Depending on the complexity of the rule, comment periods could stretch 30 to 60 or even as much as 180 days.
4. Final Rule. After the comment period, the agency publishes its response to issues raised by public comments and an updated analysis and justification for the rule, including an analysis of any new information from public comments.

In some cases, the agency may publish a second draft proposed rule. This and any subsequent drafts also appear in the Federal Register. Once the agency has analyzed and satisfied public concerns on every draft, the rule is published in the Code of Federal Regulations.