Administrative State
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Afinal rule, in the context ofadministrative rulemaking, is a federal administrative regulation that advanced through theproposed rule andpublic comment stages of therulemaking process and is published in theFederal Register with a scheduled effective date. The published final rule marks the last stage in therulemaking process and includes information about the rationale for the regulation as well as any necessary responses to public comments.^[1][2]

Background

A final rule either implements a new federal agency regulation, modifies an existing regulation, or rescinds a previous regulation.^[2]

After an agency publishes aproposed rule in theFederal Register and receives public comments, the agency may proceed to issue a final rule. According to theFederal Register, a final rule is only issued when an agency can "conclude that its proposed solution will help accomplish the goals or solve the problems identified. It must also consider whether alternate solutions would be more effective or cost less."^[3]

A final rule generally goes into effect no less than 30 days after the publication date in theFederal Register. Final rules that are categorized assignificant rules andmajor rules take effect no less than 60 days after publication. In order for a final rule to take effect at an earlier date, an agency must cite good cause, which theFederal Register defines as persuasive reasoning, to demonstrate that the rule is in the public interest.^[3]

Structure

Final rules follow a specific format for publication in theFederal Register. The final rule begins with a preamble, which includes several subsections, continues with a statement of authority, and concludes with the full text of the measure.^[3]

Preamble

The preamble of a final rule is made up of the following subsections:^[3]

• Summary
  The summary section provides information about the agency's rationale behind the final rule, including contributing societal challenges and regulatory objectives.
• Dates
  The dates section includes information about the final rule's effective date as well as any compliance dates, applicability dates, or any exceptions requiring congressional approval or compliance with thePaperwork Reduction Act.
• Supplementary information
  The supplementary information section includes information about the basis and purpose of the final rule. According to theFederal Register, the basis and purpose description "sets out the goals or problems the rule addresses, describes the facts and data the agency relies on, responds to major criticisms in the proposed rule comments, and explains why the agency did not choose other alternatives."^[3]

Statement of authority

The final rule must identify the agency's legal authority for issuing the rule.^[3]

Full text

The final rule must include the full regulatory text of the rule. The regulatory text proposes amendments to theCode of Federal Regulations (CFR), complete with instructions for including each amendment in the CFR.^[3]

Related rules

Interim final rule

According to theFederal Register, an interim final rule occurs "when an agency finds that it has good cause to issue a final rule without first publishing aproposed rule." The published interim final rule is effective immediately. An agency may modify an interim final rule at a later date based on public comments, or it may formalize the existing rule by publishing it as a final rule in theFederal Register.^[3]

Direct final rule

According to theFederal Register, a direct final rule occurs "when an agency decides that a proposed rule is unnecessary because it would only relate to routine or uncontroversial matters." In these cases, the agency publishes the direct final rule in theFederal Register and provides a proposed effective date for the rule in the event that it does not receive any opposition during thepublic comment period. If the agency receives opposition to the direct final rule, the agency must withdraw the rule. Otherwise, the agency may proceed to publish the rule as a final rule in theFederal Register.^[3]

See also

• Formal rulemaking
• Federal Register
• Proposed rule

External links

• Federal Register homepage
• Search Google News for this topic

Footnotes

v • e The Administrative State Main The Administrative State Project main page •Administrative State Project Index •Glossary of administrative state terms •Quotes about the administrative state •Administrative state •Rulemaking •Deference •Adjudication •Nondelegation doctrine •Ballotpedia's administrative state legislation tracker Pillars Agency control •Executive control •Judicial control •Legislative control •Public control Reporting Changes to the Federal Register •Completed OIRA review of federal administrative agency rules •Federal agency rules repealed under the Congressional Review Act •Historical additions to the Federal Register, 1936-2016 Laws Administrative Procedure Act •Antiquities Act •Civil Service Reform Act •Clayton Antitrust Act •Communications Act of 1934 •Congressional Review Act •Electronic Freedom of Information Act •Federal Food, Drug, and Cosmetic Act of 1938 •Federal Housekeeping Statute •Federal Reserve Act •Federal Trade Commission Act of 1914 •Freedom of Information Act •Government in the Sunshine Act •Independent Offices Appropriations Act of 1952 •Information Quality Act •Interstate Commerce Act •National Labor Relations Act •Paperwork Reduction Act •Pendleton Act •Privacy Act of 1974 •Regulatory Flexibility Act •REINS Act •REINS Act (Wisconsin) •Securities Act of 1933 •Securities Exchange Act of 1934 •Sherman Antitrust Act •Small Business Regulatory Enforcement Fairness Act •Truth in Regulating Act •Unfunded Mandates Reform Act Cases Abbott Laboratories v. Gardner •A.L.A. Schechter Poultry Corp. v. United States •Association of Data Processing Service Organizations v. Camp •Auer v. Robbins •Chevron v. Natural Resources Defense Council •Citizens to Preserve Overton Park v. Volpe •Federal Trade Commission (FTC) v. Standard Oil Company of California •Field v. Clark •Food and Drug Administration v. Brown and Williamson Tobacco Corporation •Humphrey's Executor v. United States •Immigration and Naturalization Service (INS) v. Chadha •J.W. Hampton Jr. & Company v. United States •Lucia v. SEC •Marshall v. Barlow's •Massachusetts v. Environmental Protection Agency •Mistretta v. United States •National Federation of Independent Business (NFIB) v. Sebelius •National Labor Relations Board v. Noel Canning Company •National Labor Relations Board v. Sears, Roebuck & Co. •Panama Refining Co. v. Ryan •Securities and Exchange Commission v. Chenery Corporation •Skidmore v. Swift & Co. •United States v. Lopez •United States v. Western Pacific Railroad Co. •Universal Camera Corporation v. National Labor Relations Board •Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council •Wayman v. Southard •Weyerhaeuser Company v. United States Fish and Wildlife Service •Whitman v. American Trucking Associations •Wickard v. Filburn •Wiener v. United States Terms Adjudication (administrative state) •Administrative judge •Administrative law •Administrative law judge •Administrative state •Arbitrary-or-capricious test •Auer deference •Barrier to entry •Bootleggers and Baptists •Chevron deference (doctrine) •Civil servant •Civil service •Code of Federal Regulations •Codify (administrative state) •Comment period •Compliance costs •Congressional Record •Coordination (administrative state) •Deference (administrative state) •Direct and indirect costs (administrative state) •Enabling statute •Ex parte communication (administrative state) •Executive agency •Federal law •Federal Register •Federalism •Final rule •Formal rulemaking •Formalism (law) •Functionalism (law) •Guidance (administrative state) •Hybrid rulemaking •Incorporation by reference •Independent federal agency •Informal rulemaking •Joint resolution of disapproval (administrative state) •Major rule •Negotiated rulemaking •Nondelegation doctrine •OIRA prompt letter •Organic statute •Pragmatism (law) •Precautionary principle •Promulgate •Proposed rule •Publication rulemaking •Regulatory budget •Regulatory capture •Regulatory dark matter •Regulatory impact analysis •Regulatory policy officer •Regulatory reform officer •Regulatory review •Rent seeking •Retrospective regulatory review •Risk assessment (administrative state) •Rulemaking •Separation of powers •Significant regulatory action •Skidmore deference •Statutory authority •Substantive law and procedural law •Sue and settle •Sunset provision •Unified Agenda of Federal Regulatory and Deregulatory Actions •United States Code •United States Statutes at Large Bibliography "Administrative Law - The 20th Century Bequeaths an 'Illegitimate Exotic' in Full and Terrifying Flower" by Stephen P. Dresch (2000) "Confronting the Administrative Threat" by Philip Hamburger and Tony Mills (2017) "Constitutionalism after the New Deal" by Cass R. Sunstein (1987) Federalist No. 23 by Alexander Hamilton (1787) "From Administrative State to Constitutional Government" by Joseph Postell (2012) "Interring the Nondelegation Doctrine" by Eric A. Posner and Adrian Vermeule (2002) "Rulemaking as Legislating" by Kathryn Watts (2015) "The Checks & Balances of the Regulatory State" by Paul R. Verkuil (2016) "The Myth of the Nondelegation Doctrine" by Keith E. Whittington and Jason Iuliano (2017) "The Progressive Origins of the Administrative State: Wilson, Goodnow, and Landis" by Ronald J. Pestritto (2007) "The Rise and Rise of the Administrative State" by Gary Lawson (1994) "The Study of Administration" by Woodrow Wilson (1887) "The Threat to Liberty" by Steven F. Hayward (2017) "Why the Modern Administrative State Is Inconsistent with the Rule of Law" by Richard A. Epstein (2008) Agencies Administrative Conference of the United States •United States Civil Service Commission •U.S. Government Accountability Office •U.S. Office of Information and Regulatory Affairs •U.S. Office of Management and Budget