Legal Definitions - informal rulemaking

Informal rulemaking, also known as notice-and-comment rulemaking, is the most common process used by administrative agencies to create rules. This process is outlined in the Administrative Procedure Act (APA) and is used when formal rulemaking is not required.

When an administrative agency wants to create a rule through informal rulemaking, they must follow certain procedures:

• The agency must publish a general notice of the proposed rulemaking.
• Interested persons must be given the opportunity to submit written comments, which the agency must consider.
• The agency must give individuals at least 30 days to comment on the proposed rule.
• Before publishing the final rule, the agency must issue a concise general statement of their basis and purpose.
• The final rules must be published in the Federal Register.

Let's say the Environmental Protection Agency (EPA) wants to create a new rule about air pollution. They would first publish a notice in the Federal Register about the proposed rule. Interested persons, such as environmental groups or businesses, would then have the opportunity to submit written comments about the proposed rule. The EPA would consider these comments before publishing the final rule, along with a statement explaining the basis and purpose of the rule.

This example illustrates how the procedural requirements for informal rulemaking work in practice. By allowing interested parties to provide feedback, the agency can create a rule that takes into account different perspectives and concerns.