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Federal Rulemaking Process

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Regulatory Analysis

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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.

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Interagency Coordination

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The rulemaking agency coordinates with other federal agencies to prevent conflicts and ensure consistency and compliance with broader policy objectives.

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Public Comment

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Stakeholders and the public can submit feedback, data, and arguments about the proposed rule, influencing its final form.

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Comment Review

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The agency reviews all the public comments and considers adjustments to the proposed rule based on the inputs received.

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Effective Date

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The rule includes an effective date which is typically not less than 30 days after publication to provide time for compliance or adaptation.

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Notice of Proposed Rulemaking (NPRM)

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The agency publishes a notice in the Federal Register announcing a proposed rule, its purpose, and soliciting public comments.

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Final Rule Publication

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The finalized rule is published in the Federal Register, including the text of the rule and a summary of the comments and agency responses.

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Judicial Review

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Interested parties may challenge the validity of a final rule in court, which can lead to affirmation, vacatur, or remand of the rule.

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Office of Management and Budget (OMB) Review

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For significant rules, the OMB reviews to ensure compliance with regulatory principles and the impact on the economy.

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Compliance and Enforcement

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Once effective, the agency responsible for the rule oversees compliance and has the authority to enforce the rule through various mechanisms.

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Congressional Review

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Congress has the ability to review new federal regulations and, if necessary, overturn them through the use of the Congressional Review Act.

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Developing the Final Rule

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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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