Early Participation in Regulations Act of 2025This bill directs agencies to publish an advance notice of a proposed rulemaking at least 90 days before publishing a notice of proposed rulemaking for a major rule. A major rule is a rule that the Office of Information and Regulatory Affairs (OIRA) determines is likely to impose (1) an annual economic effect of $100 million or more; (2) a major increase in costs or prices for consumers, individual industries, government agencies, or geographic regions; or (3) significant adverse effects on competition, employment, investment, productivity, innovation, health, safety, the environment, or the ability of U.S. enterprises to compete with foreign-based enterprises.The advance notice mustinclude a description of the problem the rule may address, alternatives under consideration, and the legal authority for proposing the rule; andsolicit and provide at least 30 days for submission of written data, views, and argument from interested persons.Any difference between such advance notice and the notice of proposed rulemaking may not be considered arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law for the purposes of review under the Administrative Procedure Act.Advance notice is not required if the proposing agency is not required to publish notice of proposed rulemaking or OIRA finds that advance notice is (1) not in the public interest, (2) duplicative of a similar process, (3) not practicable due to a required deadline, or (4) for a rule that is routine or periodic in nature.
If enacted, this bill would substantially modify the current process for rule making by adding an additional step aimed at soliciting public input and feedback. The definition of a 'major rule' under this bill is significant, encompassing rules expected to have an economic impact of $100 million or more. By increasing opportunities for stakeholder interaction early in the regulatory process, SB77 is designed to improve the quality of regulations and ensure that they are better informed by public concerns and perspectives.
SB77, also known as the Early Participation in Regulations Act of 2025, aims to establish a requirement for federal agencies to publish advance notices of proposed rule making (ANPRM) for major rules before formally introducing them. The bill seeks to enhance transparency and public engagement by requiring agencies to provide an early notice—at least 90 days prior to the publication of a proposed rule—in the Federal Register. This advance notice must include details about the nature of the issues addressed, potential regulatory alternatives, and the legal authority for the proposed rules.
While the bill is positioned as a means to enhance public participation in the regulatory process, some concerns have been raised regarding its potential impact on the efficiency of rule making. Critics argue that adding an additional requirement for advance notices could delay the implementation of necessary regulations, especially in urgent situations where rapid action is required. Furthermore, the bill provides the Administrator of the Office of Information and Regulatory Affairs with the discretion to exempt certain major rules from this requirement, raising concerns about the transparency of the decision-making process.
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