Public comments can follow a rule
Retrospective: Timing matters.
- Event / announcement date
- 2026-09-04
In a report publicly released September 4, 2026, GAO found agencies cited good cause for about 71% of 116 reviewed major interim final rules from January 20, 2013 to January 20, 2025. [1]
The 2024 U.S. Code edition describes good cause as a finding that notice is impracticable, unnecessary or contrary to public interest. It requires the agency to put that finding and brief reasons in the issued rule. The exception does not waive another statute’s notice or hearing requirement. [2]
The distinction between asking and answering has a history. GAO’s 2012 review found that agencies sought comments on 77 selected major rules issued without a prior proposal, but had not responded or issued follow-up rules for 26. A public request for input therefore did not establish a completed feedback process. [3]
In the newer review, agencies requested comments on 99% of the interim final rules examined. Those requests invite input after issuance; they do not measure responses. Its study period ends before 2026, so these findings do not establish the current administration’s rulemaking record. [1]
The source
- GAO: Public-comment exceptions ↗
Source date 2026-08-05 · reviewed October 29, 2026 · publication - U.S. Code / GPO: Rulemaking procedure ↗
Undated reference · reviewed October 29, 2026 · Undated; 2024 U.S. Code edition. - GAO: Earlier comment-response review ↗
Source date 2012-12-20 · reviewed October 29, 2026 · publication
About this item: Retrospective report. No first-hand reporting or independent testing is claimed. Corrections policy.
