§57b–3 Rulemaking Process

Summary

The Commission must follow rules when it makes or changes rules. A "rule" here means official rules the Commission creates, but not interpretive rules, staff or management rules, general policy statements, or rules about how the Commission is organized or runs its business. A change to a rule does not count unless the change is likely to have a $100,000,000 or more annual effect on the national economy, or will cause big cost or price changes for goods used a lot by certain industries, regions, or governments, or will otherwise have a major impact on regulated people and consumers. "Rulemaking" means any process the Commission uses to make or change a rule. When the Commission proposes a rule, it must publish a short preliminary analysis explaining why the rule is needed, its goals, reasonable alternatives, and a first look at benefits, harms, and how well each option meets the goals. When the Commission issues a final rule, it must publish a final analysis describing need and goals, alternatives considered, expected benefits and harms, why the chosen option meets the law, and a summary of major public comments and the Commission’s responses. The Commission can group related rules together, tell people how to get copies of analyses (and charge a reasonable fee, with possible waiver), or delay these steps in an emergency if it explains why. Courts generally may not review the content or sufficiency of these analyses, except a court can set aside a rule if no required analysis was prepared. The Commission must also publish a regulatory agenda at least twice a year listing rules it plans to propose or finalize in the next 12 months, include descriptions, legal basis, action dates, and a contact person, and must explain if it makes a rule that was not on the agenda.