When does this rule go into effect?

[This post was written by OFR intern Lissa N. Snyders]

After high profile debates about proposed rules, we often get asked when these new rules will become effective. Before a rule can go into effect, a final rule must first be published in the Federal Register. It typically takes us three business days to process and publish a rule after an agency files it with our office. A published final rule always includes an effective date, as shown in the example below from www.federalregister.gov:

As in this example, many rules are effective a minimum of 30 days after they are published in the Federal Register. This is required by the Administrative Procedure Act (page 58) and allows those who would be impacted by the rule to have time to prepare for the change. A final rule can go into effect in less than 30 days if the agency demonstrates “good cause” for why this would be in the public interest. Some examples of this would be public health and safety or minor corrections. Agencies wanting a rule to go into effect less than 30 days from publication must provide an explanation of their good cause” in their final rule.

Significant rules and major rules must be published at least 60 days prior to their effective date. These are defined by Executive Order 12866 (page 1927) and the Small Business Regulatory Enforcement Fairness Act of 1996 (page 873) respectively. Some criteria include the total economic impact, number of people affected, and legal implications.

This means the effective date of a new rule depends on its publication date, the immediacy of its need, and its regulatory impact. You can see the effective date for each rule when it gets published.

A detailed chart explaining the regulation process was developed by ICF Consulting with the cooperation of the General Services Administration’s Regulatory Information Service Center. The Federal Register is involved in steps five (Publication of Proposed Rule) and nine (Publication of Final Rule, Interim Final Rule, or Direct Final Rule). We also publish the Unified Agenda biannually.

Be sure to follow @FedRegister on Twitter for highlights of new proposed and final rules. You can also sign up for custom email notifications on our website.