How Federal Rules Get Made

Government agencies write rules to put laws passed by Congress into practice. These rules are called regulations, and once they're final, they have the force of law. Here's how that process works — and how you can participate.

The process, step by step

1. 1

   How a rule gets started

   Most rules start with Congress. When Congress passes a law, it often directs a government agency to work out the details — the law sets the goal, and the agency figures out exactly how to reach it.

   Example: The Air Carrier Access Act directed the Department of Transportation to write rules making air travel accessible for people with disabilities. Congress set the requirement; DOT wrote the specifics.

   Agencies can also decide on their own to create or update a rule — for instance, if an existing rule isn't working as intended, if circumstances change, or if new technology raises new questions that existing rules don't address.

2. 2

   An agency writes a first draft

   Agency staff research the issue and write a draft of what the rule might say. This draft is called a proposed rule. It explains what the agency wants to require — and why.

   Before it goes public, other government agencies review the draft and give feedback to make sure it's workable and consistent with other laws.

3. 3

   The draft is published for public comment

   The agency publishes the proposed rule in the Federal Register — the government's official daily publication. This announcement is formally called a Notice of Proposed Rulemaking (NPRM).

   The published draft tells you:

   • What the agency is proposing to require
   • Why it believes the rule is needed
   • The expected costs and benefits
   • How to submit your feedback

   Once published, there is usually at least 30 days — and often 60 days or more — for anyone to respond. That includes individuals, businesses, community groups, and anyone else who has something to say.

4. 4

   You can weigh in

   This is your moment. Anyone can submit a public comment — no expertise required. You can share how the proposed rule would affect you or your community, raise questions, point out problems, or suggest changes.

   Agencies are required to review and consider the feedback they receive before the rule can be finalized.

   Learn how to submit a comment →
5. 5

   The agency makes changes

   After the comment period closes, the agency goes through all the feedback. It may revise the rule — keeping what it thinks works and making changes in response to legitimate concerns or better alternatives.

   Other government agencies also review the revised rule for consistency with broader government programs and requirements.

6. 6

   Final rule published

   Once revisions are complete, the agency publishes a final rule in the Federal Register. The final rule explains:

   • What the rule will require
   • What changed from the draft version, and why
   • How public comments influenced the decisions
   • The expected costs and benefits
   • When the rule takes effect — and when people and organizations must comply

   Why this matters for you: The agency is required to respond to significant issues raised in public comments. This is one reason your comment matters — it goes on the official record, and the agency must address it.

   Final rules typically take effect at least 30 days after publication, though some rules allow more time to comply.

7. 7

   The rule takes effect and can be enforced

   Once the effective date arrives, the rule has the force of law. People and organizations are expected to follow it — just like any other law. In many cases, the agency has the authority to investigate and enforce compliance if the rule isn't followed.