Final rule
| What is rulemaking in the context of the administrative state? Rulemaking is a process by which administrative agencies amend, repeal, or create an administrative regulation. The most common rulemaking process is informal rulemaking, which solicits written public feedback on proposed rules during a comment period. When required by statute, certain agencies must follow the formal rulemaking process, which incorporates a trial-like hearing in place of the informal comment period, or hybrid rulemaking, which blends specified elements of formal rulemaking into the informal rulemaking process. Learn about rulemaking here. |
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A final rule, in the context of administrative rulemaking, is a federal administrative regulation that advanced through the proposed rule and public comment stages of the rulemaking process and is published in the Federal Register with a scheduled effective date. The published final rule marks the last stage in the rulemaking process and includes information about the rationale for the regulation as well as any necessary responses to public comments.[1][2]
Background
A final rule either implements a new federal agency regulation, modifies an existing regulation, or rescinds a previous regulation.[2]
After an agency publishes a proposed rule in the Federal Register and receives public comments, the agency may proceed to issue a final rule. According to the Federal Register, a final rule is only issued when an agency can "conclude that its proposed solution will help accomplish the goals or solve the problems identified. It must also consider whether alternate solutions would be more effective or cost less."[3]
A final rule generally goes into effect no less than 30 days after the publication date in the Federal Register. Final rules that are categorized as significant rules and major rules take effect no less than 60 days after publication. In order for a final rule to take effect at an earlier date, an agency must cite good cause, which the Federal Register defines as persuasive reasoning, to demonstrate that the rule is in the public interest.[3]
Structure
Final rules follow a specific format for publication in the Federal Register. The final rule begins with a preamble, which includes several subsections, continues with a statement of authority, and concludes with the full text of the measure.[3]
Preamble
The preamble of a final rule is made up of the following subsections:[3]
- Summary
The summary section provides information about the agency's rationale behind the final rule, including contributing societal challenges and regulatory objectives. - Dates
The dates section includes information about the final rule's effective date as well as any compliance dates, applicability dates, or any exceptions requiring congressional approval or compliance with the Paperwork Reduction Act. - Supplementary information
The supplementary information section includes information about the basis and purpose of the final rule. According to the Federal Register, the basis and purpose description "sets out the goals or problems the rule addresses, describes the facts and data the agency relies on, responds to major criticisms in the proposed rule comments, and explains why the agency did not choose other alternatives."[3]
Statement of authority
The final rule must identify the agency's legal authority for issuing the rule.[3]
Full text
The final rule must include the full regulatory text of the rule. The regulatory text proposes amendments to the Code of Federal Regulations (CFR), complete with instructions for including each amendment in the CFR.[3]
Related rules
Interim final rule
According to the Federal Register, an interim final rule occurs "when an agency finds that it has good cause to issue a final rule without first publishing a proposed rule." The published interim final rule is effective immediately. An agency may modify an interim final rule at a later date based on public comments, or it may formalize the existing rule by publishing it as a final rule in the Federal Register.[3]
Direct final rule
According to the Federal Register, a direct final rule occurs "when an agency decides that a proposed rule is unnecessary because it would only relate to routine or uncontroversial matters." In these cases, the agency publishes the direct final rule in the Federal Register and provides a proposed effective date for the rule in the event that it does not receive any opposition during the public comment period. If the agency receives opposition to the direct final rule, the agency must withdraw the rule. Otherwise, the agency may proceed to publish the rule as a final rule in the Federal Register.[3]
See also
External links
Footnotes
- ↑ Office of Information and Regulatory Affairs, "Regulations and the Rulemaking Process," accessed July 24, 2017
- ↑ 2.0 2.1 The Regulatory Group, "Regulatory Glossary," accessed August 2, 2017
- ↑ 3.0 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 Federal Register, "A Guide to the Rulemaking Process," accessed July 24, 2017
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