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Comment period

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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 comment period, in the context of administrative rulemaking, is a timeframe during the informal rulemaking process in which members of the public can submit written feedback to a federal agency regarding a proposed rule. An agency may also choose to hold regulatory hearings, public meetings, or internet webcasts during the comment period to solicit additional responses.[1]

Background

A comment period occurs during the informal rulemaking process after a federal administrative agency publishes a proposed rule in the Federal Register. During the comment period, members of the public are able to submit written feedback regarding the proposed rule via the U.S. Postal Service, private mail courier, email, or the federal government's online docket, Regulations.gov. An agency may also choose to hold regulatory hearings, public meetings, or internet webcasts during the comment period to solicit additional responses.[1]

According to the Federal Register, comment periods generally last between 30 and 60 days. Executive Order 12866 recommends a 60-day comment period in most cases. If the proposed rule is complex, the agency may schedule a longer comment period, such as 180 days. The agency provides the dates of the comment period in the published proposed rule.[1][2][3]

Once the comment period concludes, the agency may initiate an optional reply comment period in order to allow interested parties to respond to public comments and facilitate a discussion. The agency may also choose to extend the public comment period if it is unsatisfied with the quality of feedback or if commenters have requested additional time to respond.

After reviewing public comments, the agency then determines whether to revise the proposed rule, abandon the proposal, or move forward to the final rule stage of the informal rulemaking process. If the agency proceeds with issuing a final rule, the published rule must include a discussion of the public comments and any necessary responses.[1][4]

See also

External links

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 Federal Register, "A Guide to the Rulemaking Process," accessed August 17, 2017
  2. ↑ Office of Information and Regulatory Affairs, "Reg Map: Step Six," accessed August 17, 2017
  3. ↑ The American Presidency Project, "Executive Order 12866—Regulatory Planning and Review," September 30, 1993
  4. ↑ Office of Information and Regulatory Affairs, "Regulations and the Rulemaking Process," accessed August 17, 2017
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