What must agencies do prior to finalizing a rule?

Agencies are required to facilitate a notice and comment period prior to finalizing a rule in accordance with the Administrative Procedure Act (APA). This process is essential as it allows members of the public to provide feedback, express concerns, and contribute to the regulatory process before the agency makes a final decision on a proposed rule.

During the notice and comment period, an agency publishes a notice of the proposed rulemaking in the Federal Register, outlining the details of the proposed rule and inviting comments from the public. This period typically lasts for a minimum of 30 days, during which stakeholders, including individuals, businesses, and other interested parties, can submit their input. The agency is then required to consider these comments and address significant feedback in the final rulemaking process.

This practice ensures transparency and public participation in government decision-making, enhancing the quality of regulations and fostering a more democratic process. By allowing for public comment, the agency can better gauge the impact of the proposed rule and make necessary adjustments before finalizing it.