Here is an overview of the process for creating and changing government rules and regulations, and some examples:
The Process
- Government agencies first identify a need for a new rule or regulation, usually to address a problem, risk, or implement a law.
- The agency then researches the issue thoroughly and drafts a proposed rule with justification.
- The proposed rule is published in the Federal Register allowing the public to submit comments.
- The agency reviews the comments and makes any necessary revisions to the draft rule.
- The final rule is published in the Federal Register and codified in the Code of Federal Regulations.
- Congress can override rules by passing legislation. Rules can also be challenged in the courts.
- To change an existing rule, the same notice-and-comment process is used.
Trends
- The number of new rules has declined in recent years from an average of over 3,000 per year to around 2,000.
- However, old rules are being revised and updated at a steady pace of approximately 2,000-3,000 per year.
Examples
- New: USDA school nutrition standards (2010)
- Updated: EPA air pollution emissions standards (2020)
- Updated: HHS rules for health insurance plans under the ACA (every year)
- New: DOT rules on self-driving vehicle design (2016)
- Updated: FCC net neutrality rules (2017 and 2018)
So in summary, while new rulemaking has declined, existing rules are continually being updated through a transparent notice-and-comment process. Both new and revised rules aim to address emerging issues.