Rulemaking and the Federal Register
How agencies write regulations under laws passed by Congress, and how you can comment.
- Law gives authority: Congress passes a law that lets an agency set detailed rules.
- Proposed rule: The agency publishes a proposal in the Federal Register.
- Public comment: Anyone may comment, usually for 30 to 60 days, on Regulations.gov.
- Final rule: The agency must consider comments, then publishes the final rule.
- 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
- Find open comment periods on Regulations.gov.
- Sign up for alerts on a topic at FederalRegister.gov.
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
- Understanding the Federal Register
- The Rulemaking Process (Office of the Federal Register, PDF)
- Wex: rulemaking (Cornell LII)
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