PSI Sci
Not sure of your district? Find your U.S. House member · Find your state legislators

How government works

Rulemaking and the Federal Register

How agencies write regulations under laws passed by Congress, and how you can comment.

How a federal rule is madeNotice-and-comment rulemaking under the Administrative Procedure Act. Steps: Law gives authority; Proposed rule; Public comment; Final rule; In effect1Law gives authorityCongress passes a law that lets an agency set detailed rules.2Proposed ruleThe agency publishes a proposal in the Federal Register.3Public commentAnyone may comment, usually for 30 to 60 days, on Regulations.gov.4Final ruleThe agency must consider comments, then publishes the final rule.5In effectThe rule takes effect and is added to the Code of Federal Regulations. Courts and Congress can review it.
How a federal rule is made
  1. Law gives authority: Congress passes a law that lets an agency set detailed rules.
  2. Proposed rule: The agency publishes a proposal in the Federal Register.
  3. Public comment: Anyone may comment, usually for 30 to 60 days, on Regulations.gov.
  4. Final rule: The agency must consider comments, then publishes the final rule.
  5. In effect: The rule takes effect and is added to the Code of Federal Regulations. Courts and Congress can review it.

The Federal Register is the government's daily journal: proposed and final rules, notices and presidential documents. Comments with facts and specific examples carry the most weight; agencies must respond to significant points.

What you can do

Words used here

Rulemaking
The process agencies use to write regulations that carry out laws passed by Congress or a legislature. Usually an agency publishes a proposed rule, takes public comments, then publishes a final rule.
Federal Register
The official daily publication of the U.S. government for agency rules, proposed rules, public notices and presidential documents.
Public comment
A chance for anyone to tell a government agency what they think about a proposed rule or plan before it is final. Agencies must consider the comments they receive.

Official sources

A simplified overview written by PSI Sci editors from the sources above. Details vary, and exceptions exist. Other guides: How a federal bill becomes law · How a state bill becomes law · The federal budget process · Authorization vs. appropriation · Ballot measures and propositions · Levels of government · How to contact officials effectively