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Federal Rulemaking Process
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Flashcards
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Regulatory Analysis
Agencies may be required to conduct and publish various forms of analysis depending on the rule, including cost-benefit analysis, risk assessment, and environmental impact.
Interagency Coordination
The rulemaking agency coordinates with other federal agencies to prevent conflicts and ensure consistency and compliance with broader policy objectives.
Public Comment
Stakeholders and the public can submit feedback, data, and arguments about the proposed rule, influencing its final form.
Comment Review
The agency reviews all the public comments and considers adjustments to the proposed rule based on the inputs received.
Effective Date
The rule includes an effective date which is typically not less than 30 days after publication to provide time for compliance or adaptation.
Notice of Proposed Rulemaking (NPRM)
The agency publishes a notice in the Federal Register announcing a proposed rule, its purpose, and soliciting public comments.
Final Rule Publication
The finalized rule is published in the Federal Register, including the text of the rule and a summary of the comments and agency responses.
Judicial Review
Interested parties may challenge the validity of a final rule in court, which can lead to affirmation, vacatur, or remand of the rule.
Office of Management and Budget (OMB) Review
For significant rules, the OMB reviews to ensure compliance with regulatory principles and the impact on the economy.
Compliance and Enforcement
Once effective, the agency responsible for the rule oversees compliance and has the authority to enforce the rule through various mechanisms.
Congressional Review
Congress has the ability to review new federal regulations and, if necessary, overturn them through the use of the Congressional Review Act.
Developing the Final Rule
The agency takes the comments into account and works on the final version of the rule, which may involve revisions and further analysis.
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