Federal Rulemaking Process

Typically when legislation is passed an agency is assigned to promulgate regulations and eventually a final rule.  The process allows for public comment and AGC typically gives input on issues that impact the industry at each step. 

Below you will find information on the process and the acronym for the status:

  • Legislation:  Congress passes a law and assigns an agency to promulgate additional regulations.
  • Negotiated Rulemaking (NegReg): A process which brings together representatives of industry and a federal agency to negotiate and reach a consensus of the text of a proposed rule.
  • Advanced Notice Proposed Rulemaking (ANPRM): The agency publishes its initial analysis of the subject matter asking for input prior to issuing a proposed rule.
  • Notice of Proposed Rulemaking (NPRM): Issued when an agency adds, removes, or changes a rule (or regulation).
  • Small Business Regulation Enforcement Fairness Act (SBREFA): Proposed rule undergoes small business advocacy review panels to consult with small entities on regulations expected to have a significant impact on them, before the regulations are published for public comment
  • Public Comment: Comment period begins after a proposed rule is published and allows the public to submit written comments to the agency. The agency is required to respond to each issue raised in the comments.
  • Public Hearing (PH):
  • Final Rule (FR): Usually, the proposed rule becomes the final rule with some minor modifications. In this step, the agency publishes a full response to issues raised by public comments and an updated analysis and justification for the rule, including an analysis of any new data submitted by the public. In some cases, the agency may publish a second draft proposed rule, especially if the new draft is so different from the proposed rule that it raises new issues that have not been submitted to public comment.
  • Information Collection Request (ICR): A description of information to be gathered in connection with rules, proposed rules, surveys, and guidance documents that contain information-gathering requirements. The ICR describes what information is needed, why it is needed, how it will be collected, and how much collecting it will cost. The ICR is submitted by the agency to the Office of Management and Budget (OMB) for approval.
  • Withdraw Final Rule: A rule that has been final filed, but the agency withdraws the final filing before the effective date. A withdraw final action has the effect of returning the rule to the proposed status it was in prior to final filing.
  • Final Action