Title: 
Headings: A Guide to the Rulemaking Process
A
 
Guide
 
to
 
the
 
Rulemaking
 
Process
 

Prepared
 
by
 
the
 
Office
 
of
 
the
 
Federal
 
Register1
 

Before
 
the
 
Proposed
 
Rule

The
 
Proposed
 
Rule
 

Before
 
the
 
Final
 
Rule
 

The
 
Final
 
Rule
 

After
 
the
 
Final
 
Rule
 

Before
 
the
 
Proposed
 
Rule
 

Go
 
to
 
Top
 

What
 
gives
 
agencies
 
the
 
authority
 
to
 
issue
 
regulations?
 

How
 
does
 
an
 
agency
 
decide
 
to
 
begin
 
rulemaking?
 

Go
 
to
 
Top
  

When
 
can
 
the
 
public
 
learn
 
that
 
an
 
agency
 
plans
 
to
 
start
 
a
 
rulemaking?
 

How
 
does
 
an
 
agency
 
involve
 
the
 
public
 
in
 
developing
 
a
 
proposed
 
rule?
 

What
 
is
 
the
 
role
 
of
 
the
 
President
 
in
 
developing
 
a
 
proposed
 
rule?
 

The
 
Proposed
 
Rule
 

Go
 
to
 
Top
 

What
 
is
 
the
 
purpose
 
of
 
the
 
proposed
 
rule?
 

How
 
is
 
the
 
proposed
 
rule
 
structured?
 

Go
 
to
 
Top
 

What
 
is
 
the
 
time
 
period
 
for
 
the
 
public
 
to
 
submit
 
comments?
 

Why
 
do
 
agencies
 
re-open
 
comments
 
or
 
issue
 
multiple
 
proposed
 
rules?
 

Do
 
agencies
 
have
 
additional
 
options
 
for
 
gathering
 
public
 
comments?
 

Go
 
to
 
Top
 

Why
 
should
 
you
 
consider
 
submitting
 
electronic
 
comments?
 

Before
 
the
 
Final
 
Rule
 

Go
 
to
 
Top
 

How
 
do
 
public
 
comments
 
affect
 
the
 
final
 
rule?
 

What
 
is
 
the
 
role
 
of
 
the
 
President
 
in
 
developing
 
a
 
final
 
rule?
 

The
 
Final
 
Rule
 

Go
 
to
 
Top
 

How
 
is
 
the
 
final
 
rule
 
structured?
 

Go
 
to
 
Top

When
 
do
 
final
 
rules
 
go
 
into
 
effect?
 

Can
 
an
 
agency
 
issue
 
a
 
final
 
rule
 
without
 
a
 
publishing
 
a
 
proposed
 
rule?
 

Go
 
to
 
Top

What
 
are
 
interim
 
final
 
rules
 
&
 
direct
 
final
 
rules?
 

After
 
the
 
Final
 
Rule
 

Go
 
to
 
Top
 

How
 
are
 
final
 
rules
 
integrated
 
into
 
the
 
Code
 
of
 
Federal
 
Regulations?
 

How
 
is
 
the
 
Congress
 
in
 
involved
 
in
 
reviewing
 
final
 
rules?
 

Does
 
the
 
regulatory
 
process
 
continue
 
after
 
rules
 
are
 
published?
 

Go
 
to
 
Top

What
 
are
 
interpretive
 
rules
 
and
 
policy
 
statements?
 

When
 
do
 
the
 
courts
 
get
 
involved
 
in
 
rulemaking?
 


Content: In
 
some
 
cases,
 
the
 
President
 
may
 
delegate
 
existing
 
Presidential
 
authority
 
to
 
an
 
agency. Typically,
 
when
 
Congress
 
passes
 
a
 
law
 
to
 
create
 
an
 
agency,
 
it
 
grants
 
that
 
agency
 
general
 
authority
 
to
 
regulate
 
certain
 
activities
 
within
 
our
 
society. Congress
 
may
 
also
 
pass
 
a
 
law
 
that
 
more
 
specifically
 
directs
 
an
 
agency
 
to
 
solve
 
a
 
particular
 
problem
 
or
 
accomplish
 
a
 
certain
 
goal. An
 
agency
 
must
 
not
 
take
 
action
 
that
 
goes
 
beyond
 
its
 
statutory
 
authority
 
or
 
violates
 
the
 
Constitution. Agencies
 
must
 
follow
 
an
 
open
 
public
 
process
 
when
 
they
 
issue
 
regulations,
 
according
 
to
 
the
 
Administrative
 
Procedure
 
Act
 
(APA). This
 
includes
 
publishing
 
a
 
statement
 
of
 
rulemaking
 
authority
 
in
 
the
 
Federal
 
Register
 
for
 
all
 
proposed
 
and
 
final
 
rules. How
 
does
 
an
 
agency
 
decide
 
to
 
begin
 
rulemaking? Congress
 
may
 
pass
 
a
 
law
 
that
 
directs
 
an
 
agency
 
to
 
take
 
action
 
on
 
a
 
certain
 
subject
 
and
 
set
 
a
 
schedule
 
for
 
the
 
agency
 
to
 
follow
 
in
 
issuing
 
rules. More
 
often,
 
an
 
agency
 
surveys
 
its
 
area
 
of
 
legal
 
responsibility,
 
and
 
then
 
decides
 
which
 
issues
 
or
 
goals
 
have
 
priority
 
for
 
rulemaking. These
 
are
 
a
 
few
 
of
 
the
 
many
 
factors
 
that
 
an
 
agency
 
may
 
consider: