GAO-26-108208, Federal Rulemaking: Agencies Continue to Use Good Cause and Other Mechanisms to Forgo Public Comments (full report, released 2026-09-04)

Summary

Government Accountability Office report GAO-26-108208, dated August 2026, to a Senate Homeland Security and Governmental Affairs subcommittee, on agencies issuing final rules without first seeking public comment. GAO reviewed 116 major interim final and 12 direct final rules published between January 20, 2013 and January 20, 2025. Agencies cited good cause for about 71 percent of the major interim final rules, compared with 77 percent in GAO's 2012 report. Expedited rulemaking rose during the COVID-19 pandemic, when agencies issued 55 rules in response to the virus and cited good cause for 41 of them. Agencies reported economic effects for 66 percent of the rules reviewed and requested public comments on 99 percent of the interim final rules.

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Full text

United States Government Accountability Office
Report to the Subcommittee on Border
Management, Federal Workforce and
Regulatory Affairs, Committee on
Homeland Security and Governmental
Affairs, U.S. Senate

FEDERAL
August 2026

RULEMAKING

Agencies Continue to
Use Good Cause and
Other Mechanisms to
Forgo Public
Comments

GAO-26-108208
FEDERAL RULEMAKING

Highlights Agencies Continue to Use Good Cause and Other
Mechanisms to Forgo Public Comments
GAO-26-108208 August 2026
A report to the Subcommittee on Border Management, Federal Workforce and Regulatory Affairs, Committee on Homeland Security
and Governmental Affairs, U.S. Senate
Contact: Lisa Van Arsdale, vanarsdalel@gao.gov

What GAO Found Why GAO Did This Study
During the rulemaking process, agencies are generally required to issue a notice On average, agencies publish over
of proposed rulemaking (NPRM) and seek public comment before issuing a final 2,000 final regulations each year to
rule. They can expedite the process and forgo this requirement when they find achieve goals such as ensuring access
good cause that the process would be impracticable, unnecessary, or contrary to to food and healthcare services and
the public interest. This can occur, for example, when agencies are responding to addressing national emergencies. The
natural disasters or public health emergencies. Agencies cited good cause Administrative Procedure Act
reasons for expedited rulemaking for about 71 percent of major interim final rules establishes the basic procedural
GAO reviewed and that agencies published between January 20, 2013, and requirements agencies generally must
follow when issuing regulations,
January 20, 2025. This is consistent with GAO’s 2012 report, which found that 77
including providing the public with an
percent of major rules issued without an NPRM cited good cause for doing so.
opportunity to comment on proposed
GAO found that the use of expedited rulemaking increased during the peak of the rules. Public participation can improve
COVID-19 pandemic in 2020 and 2021. There was little variation in use during the quality of rules, ensure fair
non-pandemic years from January 20, 2013, through January 20, 2025, as treatment, and promote accountability.
agencies issued between two and 10 major rules without an NPRM per year. However, providing for public
During the pandemic agencies expedited the issuance of 55 rules in response to participation might not be appropriate in
COVID-19. Agencies cited good cause for 41 of these rules. every situation before issuing a final
rule and agencies may find good cause
Number of COVID-19 and Non-COVID-19 Major Rules Reviewed Using Expedited that notice-and-comment procedures
Rulemaking, by Year, Jan. 20, 2013–Jan. 20, 2025 are impracticable, unnecessary, or
contrary to the public interest.
GAO was asked to provide information
on the frequency, reasons, and trends
for agencies issuing final rules without
an NPRM. This report addresses (1)
how frequently agencies found good
cause to issue rules without an NPRM;
(2) the extent to which the effect of the
COVID-19 pandemic led to changes in
issuing rules without prior notice-and-
comment; and (3) the extent to which
agencies assessed the rules’ economic
benefits, among other things.
GAO reviewed 116 major interim final
and 12 direct final rules published
between January 20, 2013, and
January 20, 2025. GAO also reviewed
associated documents for the rules,
relevant laws, executive orders, and
Agencies reported on the economic effects of 66 percent of the rules that GAO guidance related to waiving notice-and-
reviewed. COVID-19 related rules were less likely to include this information due comment, and agencies’ use of
to the emergency nature of the rules. Agencies requested public comments for regulatory flexibility during the
99 percent of the interim final rules that GAO reviewed and received comments pandemic.
on 94 percent of these rules. This is an increase from GAO’s 2012 report which
found agencies requested comments for 63 percent of major rules issued without
an NPRM.

United States Government Accountability Office
Contents

Letter 1
Background 4
Federal Agencies Cited Good Cause and Other Statutes When
Issuing Major Rules without an NPRM 9
Federal Agencies Increased Use of Regulatory Flexibilities in
Response to COVID-19 18
Federal Agencies Generally Reported on Economic Effects and
Requested Public Comments After Rules Were Issued 22
Agency Comments 25

Appendix I Objectives, Scope, and Methodology 27

Appendix II List of Major Interim Final and Direct Final Rules Reviewed and Key
Characteristics 31

Appendix III GAO Contact and Staff Acknowledgments 50

Tables
Table 1: Reasons Agencies Provided when Citing the Good
Cause Exception for 82 Major Interim Final Rules
Published Without a Prior NPRM Jan. 20, 2013—Jan. 20,
2025 12
Table 2: Administrative Procedure Act (APA) Categorical
Exceptions Cited by Agencies for 17 Major IFRs
Published Without a Prior NPRM, Jan. 20, 2013—Jan. 20,
2025 14
Table 3: Summary of Characteristics for Major Interim Final Rules
Issued Without Prior Notice of Proposed Rulemaking
(NPRM) That We Reviewed, Jan. 20, 2013—Jan. 20,
2025 33
Table 4: Major Direct Final Rules Reviewed, Jan. 20, 2013—Jan.
20, 2025 48

Page i GAO-26-108208 Federal Rulemaking
Figures
Figure 1: General Processes for Notice-and-Comment
Rulemaking and Use of the Good Cause Exception
Under the Administrative Procedure Act 6
Figure 2: Total Number of Interim and Direct Final Rules
Reviewed, As Part of the Total Number of Major Rules,
Jan. 20, 2013—Jan. 20, 2025 9
Figure 3: Federal Agencies Issuing Reviewed Major Interim Final
Rules Without a Notice of Proposed Rulemaking, Jan. 20,
2013–Jan. 20, 2025 10
Figure 4: Example of a Department of Energy (DOE) Direct Final
Rule (DFR) Being Confirmed Effective After Receiving No
Adverse Comments 11
Figure 5: Example of an Agency Citing an Administrative
Procedure Act (APA) Categorical Exception 17
Figure 6: Example of an Interim Final Rule Citing the COVID-19
Public Health Emergency (PHE) in Support of Waiving
Notice-and-Comment Rulemaking 19
Figure 7: Example of an Interim Final Rule Citing Other Statutory
Authority in Addition to the Administrative Procedure
Act’s Good Cause Exception to Issue Without Regard to
Notice-and-Comment Requirements 20
Figure 8: Number of COVID-19 and Non-COVID-19 Rules
Reviewed Using Expedited Rulemaking, by Year, (Jan.
20, 2013 –-Jan. 20, 2025) 21
Figure 9: Number of Major Interim Final and Direct Final Rules
Reviewed Reporting on Economic Effects by Federal
Agency, Jan. 20, 2013–Jan. 20, 2025 23

Page ii GAO-26-108208 Federal Rulemaking
Abbreviations

APA Administrative Procedure Act
CARES Act Coronavirus Aid, Relief, and Economic Security Act
CRA Congressional Review Act
DEA Drug Enforcement Agency
DFR direct final rule
DOD Department of Defense
DOE Department of Energy
DOJ Department of Justice
EO executive order
EPCA Energy Policy and Conservation Act
FDA Food and Drug Administration
HHS Department of Health and Human Services
IFR interim final rule
NOAA National Oceanic and Atmospheric Administration
NPRM notice of proposed rulemaking
OIRA Office of Information and Regulatory Affairs
OMB Office of Management and Budget
PPP Paycheck Protection Program
SBA Small Business Administration
VA Department of Veterans Affairs

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Page iii GAO-26-108208 Federal Rulemaking
Letter

441 G St. N.W.
Washington, DC 20548

August 5, 2026

The Honorable James Lankford
Chairman,
The Honorable John Fetterman
Ranking Member,
Subcommittee on Border Management, Federal Workforce and
Regulatory Affairs
Committee on Homeland Security and Governmental Affairs
United States Senate

Federal agencies publish, on average, over 2,000 final regulations each
year to achieve goals such as ensuring access to food and healthcare
services, controlling environmental pollution, addressing national
emergencies, and providing oversight of financial institutions and
markets. 1 During the rulemaking process, agencies are generally required
to issue a notice of proposed rulemaking (NPRM) and seek public
comment before issuing a final rule. This process gives the public an
opportunity to comment and provide information to agencies, such as
opinions and supplemental information, on the potential effects of a rule
or to suggest alternatives for agencies to consider. The benefits of public
participation in rulemaking have been cited by the courts and others and
include generating higher-quality rules, ensuring the fair treatment of
people affected by the rules, and promoting the political accountability of
the agency.

However, there are some exceptions to the requirement for advanced
notice and comment (notice-and-comment). For example, Congress
sometimes passes laws that direct an agency to issue rules without
notice-and-comment. In addition, agencies may have to respond to urgent
issues like a natural disaster or public health emergency. In these
instances, providing for public participation might not be appropriate
before issuing a final rule. Therefore, federal agencies may issue final
rules when the agency determines for good cause that notice-and-
comment procedures are impracticable, unnecessary, or contrary to the
public interest. 2

1For simplicity, we use the term “rules” to apply to all final regulatory actions published in
the Federal Register.
25 U.S.C. § 553(b)(B).

Page 1 GAO-26-108208 Federal Rulemaking
We have previously reported on agencies’ use of good cause exceptions
to notice-and-comment rulemaking. In 2012, we found that even when
agencies found good cause to not follow notice-and-comment
procedures, they often sought comments after the rules were issued. We
also found that they frequently amended or finalized rules in response to
comments received. 3

You asked us to provide information on the frequency and reasons for
issuing final rules without a prior NPRM, whether these trends have
changed over time, and the use of the good cause exception during the
COVID-19 pandemic. 4 This report analyzes major interim and direct final
rules issued between January 20, 2013, and January 20, 2025, to provide
data on (1) how frequently executive agencies found good cause to issue
these rules without an NPRM; (2) the extent to which the effect of the
COVID-19 pandemic led to changes in the issuance of rules without prior
notice-and-comment; and (3) the extent to which agencies assessed the
rules’ economic benefits and addressed public comments when
applicable. 5

To address each of these objectives, we used data from Reginfo.gov, the
Federal Register, and our Congressional Review Act (CRA) database to
compile a list of interim final rules (IFR) and direct final rules (DFR) issued

3GAO, Federal Rulemaking: Agencies Could Take Additional Steps to Respond to Public
Comments, GAO-13-21 (Washington, D.C.: Dec. 20, 2012).
4When agencies cite good cause, they must document their finding along with a brief
statement explaining the basis for their determination in the published rule. One such
rulemaking approach is known as interim final rulemaking, a process whereby an agency
issues a final rule, generally without first publishing an NPRM, but seeks public comment
after the rule’s publication. This type of rule becomes effective immediately upon
publication. When an agency decides that publishing a proposed rule is unnecessary
because it would only relate to routine or uncontroversial matters, it may publish a direct
final rule in the Federal Register, concurrent with an NPRM. In a direct final rule, the
agency states that the rule will go into effect on a certain date, unless it gets adverse
comments during the comment period.
5As defined by Congressional Review Act (CRA), a major rule is a rule that the
Administrator of the Office of Information and Regulatory Affairs within the Office of
Management and Budget finds has resulted in or is likely to result in (1) an annual effect
on the economy of $100 million or more, (2) a major increase in costs or prices, or (3)
significant adverse effects on competition, employment, investment, productivity, or
innovation. CRA requires us to prepare a report to Congress on each major rule. 5 U.S.C.
§§ 801(a)(2), 804(2). Agencies can use interim final and direct final rules to expedite the
rulemaking process, generally by forgoing notice-and-comment before the rule becomes
effective.

Page 2 GAO-26-108208 Federal Rulemaking
between January 20, 2013, and January 20, 2025. 6 We focused on IFRs
and DFRs because these rules are generally published without a prior
NPRM, which is an indicator of possible use of the good cause exception.
Further, we limited our review to major rules to focus on those rules with
the largest effect on the economy. We identified 128 rules issued in our
time frame that were published by executive branch agencies, that the
agencies identified as IFRs or DFRs, and that were issued without a prior
NPRM. We supplemented data from these sources with documentation
related to each rule, including the Federal Register entries, our major rule
reports, and regulatory dockets on regulations.gov. We tested the
reliability of the databases and concluded that the data elements we used
were sufficiently reliable for identifying interim and direct final rules for
inclusion in our review.

Two analysts independently reviewed each rule’s documentation,
including the Federal Register notice and other key materials to identify
and record key characteristics of the rules, including whether the agency
cited good cause, whether the rule was related to the COVID-19
pandemic, and whether the rule included information on projected
economic effects. 7 A third analyst examined the codes assigned by the
reviewers to ensure that coding criteria were consistently applied. That
analyst resolved instances where the two reviewers did not agree.

We also conducted additional content analyses of the 128 rules to obtain
more detailed information about agencies’ use of exceptions to notice-
and-comment, how agencies described economic effects, and whether
agencies (1) solicited public comments post-publication of the rules, and
(2) responded to relevant comments.

We did not assess the appropriateness of agencies’ decisions to cite
good cause and other exceptions or their determinations regarding the
economic effects of their rules. We relied on the information agencies

6We selected this time frame because it corresponded to the entirety of three presidential
administrations since our last report on this topic, which provided us with a sufficient
number of rules from which to draw reasonable conclusions, and to be able to contrast
pre-COVID rules with those released during and immediately after the COVID-19
pandemic.
7Unless otherwise stated, “cited” or similar language refers to both (1) if agencies directly
mentioned good cause or other exceptions to notice-and-comment in the rule text; or (2)
did not directly mention good cause or other exceptions in the rule text, but we interpreted
the rule text as citing or referring to said exceptions. See appendix I for more information
on how we reviewed and interpreted each rule.

Page 3 GAO-26-108208 Federal Rulemaking
published in the Federal Register. Detailed information on our scope and
methodology is included in appendix I.

We conducted this performance audit from March 2025 to August 2026 in
accordance with generally accepted government auditing standards.
Those standards require that we plan and perform the audit to obtain
sufficient, appropriate evidence to provide a reasonable basis for our
findings and conclusions based on our audit objectives. We believe that
the evidence obtained provides a reasonable basis for our findings and
conclusions based on our audit objectives.

Background
The Federal Rulemaking Rulemaking refers to the process by which federal agencies develop
Process regulations to carry out laws passed by Congress. Regulations, or rules,
implement or interpret laws or policies and have the force of law. The
Administrative Procedure Act (APA) establishes basic procedures federal
agencies must follow when issuing regulations, including providing the
public with an opportunity to comment on proposed rules. 8 Other laws,
including the CRA, and executive orders (EO) also impose procedural
and analytical requirements on the rulemaking process. 9

The APA The APA establishes procedures for both formal and informal
rulemaking. 10 Most rules issued by federal agencies use informal
rulemaking, also known as notice-and-comment rulemaking. Under this
process, the APA generally requires agencies to publish an NPRM in the
Federal Register to provide the public with an opportunity to comment on
the proposed rule. According to the APA, a notice must include:

• a statement of the time, place, and nature of public rulemaking
proceedings;
• reference to the legal authority under which the rule is proposed;

85 U.S.C. § 553.

9CRA also imposes procedural requirements. These include requiring agencies to submit
rules to us and Congress as well as establishing a delayed effective date for major rules. 5
U.S.C. §§ 801–808.
105 U.S.C. §§ 553, 556–557. Section 553 establishes notice-and-comment rulemaking
requirements. When a statute requires rulemaking to be conducted on the record after
opportunity for an agency hearing, sections 556 and 557 apply. These procedures for a
hearing are generally referred to as formal rulemaking.

Page 4 GAO-26-108208 Federal Rulemaking
• the terms or substance of the proposed rule or a description of the
subjects and issues involved; and
• a summary of the proposed rule. 11
After publishing an NPRM, agencies are generally required to provide an
opportunity for public comment unless an exception or other authority
applies. 12 Comments may be submitted through regulations.gov and, in
some cases, through other methods specified by the agency, such as
mail, fax, or email. Agencies may also hold public meetings to gather
public comment. The APA generally requires agencies to delay a rule’s
effective date by at least 30 days after the rule’s publication in the Federal
Register. 13

The APA permits agencies to forgo notice-and-comment requirements
when they determine for good cause that such requirements would be
impracticable, unnecessary, or contrary to the public interest (see fig. 1).
When agencies cite good cause, they must document their finding along
with a brief statement explaining the basis for their determination in the
published rule. 14 One such rulemaking approach is known as interim final
rulemaking, a process whereby an agency issues a final rule, generally
without first publishing an NPRM, but seeks public comment after the
rule’s publication. When issuing an interim final rule IFR, an agency
typically announces that it will respond to significant comments and issue
a subsequent final rule incorporating any necessary changes.

When an agency decides that publishing a proposed rule is unnecessary
because it would only relate to routine or uncontroversial matters, it may
publish a DFR in the Federal Register. In a direct final rule, the agency
states that the rule will go into effect on a certain date, unless it gets
adverse comments during the comment period. An agency may finalize
this process by publishing in the Federal Register confirmation that it
received no adverse comments. If adverse comments are submitted, the
agency is required to withdraw the DFR before the effective date. The

115 U.S.C. § 553(b).

125 U.S.C. § 553(c).

135 U.S.C. § 553(d). Agencies may waive the 30-day delay in a rule’s effective date when
they find good cause that such a delay would be impracticable, unnecessary, or contrary
to the public interest. This is distinct from the good cause exception that allows agencies
to forgo notice-and-comment requirements.
145 U.S.C. § 553(b)(B).

Page 5 GAO-26-108208 Federal Rulemaking
agency may restart the rulemaking process by publishing a new NPRM or
decide to end the rulemaking process entirely.

Figure 1: General Processes for Notice-and-Comment Rulemaking and Use of the
Good Cause Exception Under the Administrative Procedure Act

Note: Under the Administrative Procedure Act, a rule generally takes effect at least 30 days after
publication in the Federal Register. For a rule designated as major, the Congressional Review Act
requires a 60-day delay before a rule can take effect. The delay begins when Congress receives the
rule or when it is published in the Federal Register, whichever is later. An agency may waive these
delays as permitted under applicable law.

The APA also includes several exceptions to notice-and-comment
requirements for certain categories of rules. These categories include
rules related to:

• a military or foreign affairs function of the United States;
• agency management or personnel;
• public property, loans, grants, benefits, or contracts;
• interpretive rules;

Page 6 GAO-26-108208 Federal Rulemaking
• general statements of policy; or
• rules of agency organization, procedure, or practice. 15

Other Federal Statutes In addition to the APA’s good cause exception and categories of
that Permit Expedited exempted rules, federal statutes may authorize agencies to issue
regulations without regard to APA notice-and-comment requirements. For
Rulemaking
example, the Coronavirus Aid, Relief, and Economic Security Act
(CARES Act) requiring the Small Business Administration (SBA) to issue
rules implementing the Paycheck Protection Program (PPP) without
regard to APA notice requirements. 16 In some cases, agencies issuing
rules under statutory authority to waive notice-and-comment requirements
have also invoked an APA exception.

Another example of a federal statute that provides for expedited
rulemaking is the Energy Policy and Conservation Act, as amended
(EPCA). EPCA authorizes the Department of Energy (DOE) to use DFRs
to establish or amend certain energy and water conservation standards. 17

The Congressional In addition to the APA and other statutes, the CRA requires a federal
Review Act agency that is about to issue a rule to submit a copy of the rule to
Congress and the Comptroller General of the Government Accountability
Office before it can take effect. The submission must include a general
statement relating to the rule and the rule’s proposed effective date. 18 The
CRA also provides Congress with an opportunity to review and reject a
rule through enactment of a joint resolution of disapproval. 19

The CRA establishes additional procedural requirements for major rules.
For each major rule, the CRA requires us to prepare a report assessing
the agency’s compliance with applicable procedural requirements,

155 U.S.C. § 553(a), (b)(A).

16Pub. L. No. 116-136, § 1114, 134 Stat. 281, 312 (2020). PPP provided forgivable loans
to small businesses to maintain payroll and cover certain expenses.
1742 U.S.C. § 6295(p)(4).

185 U.S.C. § 801(a)(1)(A)–(B).

195 U.S.C. §§ 801–802. Under the CRA, Congress may pass a joint resolution of
disapproval to overturn an agency rule. The resolution must be approved by both the
House and Senate and signed by the President. If enacted, the rule has no force or effect.
The issuing agency is generally prohibited from issuing a substantially similar rule unless
specifically authorized by subsequent legislation.

Page 7 GAO-26-108208 Federal Rulemaking
including cost-benefit analysis and other requirements under relevant
statutes and executive orders. 20 The CRA further requires a 60-day delay
before a major rule can take effect. However, an agency may allow the
rule to take effect earlier if it finds good cause that notice-and-comment
requirements are impracticable, unnecessary, or contrary to the public
interest. 21 We previously reported on agencies’ implementation of the 60-
day delay requirement for major rules. 22

EO 12866 Presidents may also provide direction on agency rulemaking through
EOs. EO 12866, issued in 1993, established a regulatory review and
analytical framework for certain regulations. 23 The EO identifies the Office
of Information and Regulatory Affairs (OIRA) as responsible for providing
meaningful guidance and oversight to help ensure regulations are
consistent with applicable law, the President’s priorities, and the
principles set forth in EOs, and that decisions made by one agency do not
conflict with the policies or actions taken or planned by another agency.

For economically significant rules (the definition of which is similar to the
CRA’s definition of major rules), EO 12866 generally requires agencies to
provide OIRA an assessment, including the underlying analysis of the
costs and benefits anticipated from the regulatory action and feasible
alternatives. 24 Office of Management and Budget’s Circular A-4,
published in 2003, provides guidance to agencies on how to assess
regulatory costs and benefits. 25

205 U.S.C. § 801(a)(2)(A).

215 U.S.C. §§ 801(a)(3), 808(2).

22GAO, Congressional Review Act: Agencies and Congress Could Improve
Implementation of 60-Day Delay for Major Rules, GAO-26-107825. (Washington, D.C.:
Apr. 16, 2026).
23Exec. Order. No. 12866, Regulatory Planning and Review, 58 Fed. Reg. 51735 (Oct. 4,
1993).
24Exec. Order No. 12866, § 6(a)(3)(C), 58 Fed. Reg. at 51741. Exec. Order No. 12866
defines significant regulatory actions to include those rules that are likely to result in an
annual effect on the economy of $100 million or more or adversely affect in a material way
the economy, a sector of the economy, productivity, competition, jobs, the environment,
public health or safety, or state, local, or tribal governments or communities. Rules
classified as economically significant under EO 12866 are generally treated as major rules
for purposes of the CRA. Exec. Order No. 12866, § 3(f), 58 Fed. Reg. at 51738.
25Office of Management and Budget, Circular A-4: Regulatory Analysis (Washington,
D.C.: Sept. 17, 2003).

Page 8 GAO-26-108208 Federal Rulemaking
Federal Agencies
Cited Good Cause
and Other Statutes
When Issuing Major
Rules without an
NPRM
Federal Agencies Issued a Between January 20, 2013, and January 20, 2025, federal agencies
Variety of Major IFRs and published over 27,000 rules, 1,177 of which were major rules (4 percent).
The rules were issued to address a variety of regulatory areas, including
DFRs Without a Prior
visa programs, health insurance, civil penalties, pension benefits, and
NPRM veterans’ services. Of those major rules, we identified 128 rules
consisting of 116 IFRs and 12 DFRs for inclusion in our review as they
were issued without a prior NPRM (see fig. 2). 26 We refer to these 128
rules in this report as the rules covered by our review.

Figure 2: Total Number of Interim and Direct Final Rules Reviewed, As Part of the
Total Number of Major Rules, Jan. 20, 2013—Jan. 20, 2025

Note: “Other major rules” includes all major rules that followed the standard notice-and-comment
process, Federal Acquisition Regulations, and interim final rules issued with a previous notice of
proposed rulemaking.

Major IFRs Sixteen agencies issued the 116 IFRs without an NPRM in our review.
SBA published the most rules (31) without an NPRM. Other agencies that

26See appendix II for a full list of major interim final and direct final rules we reviewed.

Page 9 GAO-26-108208 Federal Rulemaking
published a large number of rules without an NPRM were the
Departments of Health and Human Services (HHS), Agriculture, and
Veterans Affairs. Together, these agencies accounted for about 66
percent of major IFRs issued without notice-and-comment. Twelve other
agencies accounted for the remaining rules (see fig. 3). Many of these
116 IFRs were issued in response to the COVID-19 pandemic, as
discussed later in this report.

Figure 3: Federal Agencies Issuing Reviewed Major Interim Final Rules Without a
Notice of Proposed Rulemaking, Jan. 20, 2013–Jan. 20, 2025

Note: “All others” includes the Departments of Commerce, Defense, Education, Energy, Homeland
Security, Justice, Labor, Transportation, and the Treasury, as well as the Environmental Protection
Agency, the Office of Personnel Management, and the Pension Benefit Guaranty Corporation. Some
rules were jointly issued by two or more agencies. To prevent reporting the rule more than once, we
attributed the rule to the agency that submitted the rule to Office of Information and Regulatory
Affairs.

Major DFRs Of the 12 DFRs we reviewed, 11 were issued by the Department of
Energy (DOE) and one was issued by the Food and Drug Administration
(FDA), which is part of HHS. The DOE rules were issued as direct final
rules under the authority of the (EPCA). This statute codifies a direct final
rulemaking procedure for energy and water conservation standards under
certain circumstances. 27 Under this procedure, agencies publish DFRs
concurrently with an NPRM. The FDA’s rule addressed the uses of
partially hydrogenated oils in foods and cited existing FDA guidance
describing when and how the agency would employ direct final

2742 U.S.C. § 6295(p)(4).

Page 10 GAO-26-108208 Federal Rulemaking
rulemaking. 28 For all 12 major DFRs, the agencies issued a concurrent
NPRM and did not report receiving adverse comments. Therefore, they
did not subsequently reissue the DFR with a new comment period. See
figure 4 for an example of one of the DFRs being confirmed as final and
effective after the comment period closed.

Figure 4: Example of a Department of Energy (DOE) Direct Final Rule (DFR) Being Confirmed Effective After Receiving No
Adverse Comments

Note: For this example, we modified some elements of the web page due to space limitations.

Federal Agencies Agencies that published major IFRs without an NPRM cited the good
Frequently Cited Good cause exception to waive notice-and-comment for 82 of the 116 rules in
our population (71 percent). All but five of the remaining rules cited either
Cause when Issuing Major
other APA exceptions (e.g., military or foreign affairs function, agency
IFRs Without an NPRM management or personnel, or general statements of policy), other federal
statutes such as the CARES Act, or both. 29 This is consistent with our
2012 findings that a majority (77 percent) of the major rules published
without an NPRM claimed the good cause exception.

2888 Fed. Reg. 53764 (Aug. 9, 2023); 62 Fed. Reg. 62466 (Nov. 21, 1997).

29Four of the five interim final rules in question were issued by USDA, and the fifth was
issued by the Department of Transportation. We did not identify any distinct reason behind
these agencies forgoing notice-and-comment for these rules.

Page 11 GAO-26-108208 Federal Rulemaking
The APA provides three general reasons why an agency may invoke the
good cause exception—impracticable, unnecessary, or contrary to the
public interest. 30 Agencies tend not to precisely distinguish among these
reasons as they are not specifically defined in the APA, and agencies can
cite more than one reason when invoking good cause. In 2012 we
reported that in practice, “impracticable” is used by agencies for rules
subject to statutory deadlines or time constraints; “contrary to the public
interest” is used when there are emergencies or threats to public safety;
and “unnecessary” is used for technical corrections, or for rules where
comments are unlikely to yield change, such as a rule pursuant to a
statute that prescribed the content of the rule. 31

For the 82 major IFRs in our population that cited good cause under the
APA, agencies provided at least one of the three general reasons to forgo
notice-and-comment and often cited more than one reason. 32 As shown in
table 1, agencies most often cited “contrary to the public interest” and
“impracticable” among the reasons provided for invoking good cause.
Similarly, in 2012, we reported that agencies most often said that issuing
an NPRM would be contrary to the public interest, but they also frequently
cited multiple grounds for invoking the good cause exception.

Table 1: Reasons Agencies Provided when Citing the Good Cause Exception for 82
Major Interim Final Rules Published Without a Prior NPRM Jan. 20, 2013—Jan. 20,
2025

General reason for citing Number of major interim final rules without a prior
good cause NPRM that cited the reason for good cause
Contrary to the public interest 75
Impracticable 53
Unnecessary 13
Source: GAO analysis of major interim final rules (2013—2025). ǀ GAO-26-108208

Note: Numbers do not total 82 because agencies often cited multiple reasons for citing good cause in
some rules.

The following are three examples of agencies citing these reasons.

305 U.S.C. § 553(b)(B).

31GAO-13-21.

32Thirty of the major interim final rules published without notice-and-comment in our
population cited one of the three general reasons, 45 cited two of the three general
reasons, and seven cited all three general reasons.

Page 12 GAO-26-108208 Federal Rulemaking
• Impracticable. The Department of Education published an IFR on
May 16, 2013, that amended regulations governing the William D.
Ford Federal Direct Loan Program, which allows eligible students and
parents to borrow directly from Education at participating schools. 33
The IFR reflected changes made to the program by the Moving Ahead
for Progress in the 21st Century Act. 34 The department claimed good
cause stating that “it would be impracticable to conduct notice-and-
comment rulemaking in time to implement these changes” by the time
the statutory changes had effect. 35
• Unnecessary. The Drug Enforcement Administration (DEA), part of
the Department of Justice (DOJ), published an IFR on November 2,
2020, 36 that amended its regulations to make them consistent with the
Substance Use-Disorder Prevention that Promotes Opioid Recovery
and Treatment for Patients and Communities Act of 2018 and it
implement the act’s requirements. 37 The agency claimed good cause
and stated: “This rule merely incorporates the statutory amendments
into DEA’s regulations, and publishing a notice of proposed
rulemaking or soliciting public comment prior to publication is
unnecessary.” 38
• Contrary to the public interest. The Departments of Labor and
Treasury, HHS, and the Office of Personnel Management, published a
joint IFR on July 13, 2021, that implemented provisions of the No
Surprises Act 39 to protect participants, beneficiaries, and enrollees in
group health insurance plans and group and individual health

3378 Fed. Reg. 28954 (May 16, 2013).

34Pub. L. No. 112-141, §§ 100301, 100302, 126 Stat. 405, 979–980 (2012).

3578 Fed. Reg. at 28980–28981. The agency also stated that notice-and-comment
rulemaking was contrary to the public interest for related reasons.
3685 Fed. Reg. 69153 (Nov. 2, 2020).

37Pub. L. No. 115-271, §§ 3201, 3202, 3204, 132 Stat. 3894, 3943–3947 (2018).

3885 Fed. Reg. at 69155. The rule cites several court cases in support of its good cause
claim: ‘‘‘[W]hen regulations merely restate the statute they implement; notice-and-
comment procedures are unnecessary.’ Gray Panthers Advocacy Committee v. Sullivan,
936 F.2d 1284, 1291 (D.C. Cir. 1991); see also United States v. Cain, 583 F.3d 408, 420
(6th Cir. 2009) (contrasting legislative rules, which require notice-and-comment
procedures, ‘with regulations that merely restate or interpret statutory obligations,’ which
do not); Komjathy v. Nat. Trans. Safety Bd., 832 F.2d 1294, 1296 (D.C. Cir. 1987) (when a
rule ‘does no more than repeat, virtually verbatim, the statutory grant of authority’ notice-
and-comment procedures are not required).”
39Pub. L. No. 116-260, div. BB, §§ 101–331, 134 Stat. 1182, 2757–2938 (2020).

Page 13 GAO-26-108208 Federal Rulemaking
insurance coverage from surprise medical bills for certain services. 40
The agencies cited several statutory authorities as providing
authorization to promulgate IFRs in some circumstances. 41 In
addition, the agencies state that they “have determined that it would
be impracticable and contrary to the public interest to delay putting the
provisions in these interim final rules in place until after a full public
notice and comment process has been completed.” 42 The statutory
provisions the IFR implemented applied to plan years beginning on or
after January 1, 2022. The agencies recognized that while this
effective date may have allowed for the regulations, if promulgated
with the full notice-and-comment rulemaking process, to be in effect in
time for the applicability date of the provisions in the act, this time
frame would not have provided sufficient time for the regulated entities
to implement the requirements. The issuing agencies claimed good
cause citing that waiting for notice-and-comment before implementing
the new regulations may cause consumers to delay needed medical
care over concern of receiving surprise bills. 43

Agencies Cited APA Broad In addition to the good cause exception, the APA includes six broad
Categorical Exceptions categorical exceptions to notice-and-comment rulemaking. Notice-and-
comment rulemaking requirements do not apply to rulemakings that fall
and Non-APA Statutes
within one of these exceptions. Of the 116 IFRs in our review, agencies
cited one or more of these exceptions in 17 (15 percent) (see table 2).

Table 2: Administrative Procedure Act (APA) Categorical Exceptions Cited by
Agencies for 17 Major IFRs Published Without a Prior NPRM, Jan. 20, 2013—Jan.
20, 2025

Number of major interim final rules without a
APA Categorical Exception prior NPRM that cited the exception
Public property, loans, grants, benefits, 11
or contracts
Military or foreign affairs function 3

4086 Fed. Reg. 36872 (July 13, 2021). While this rule was jointly issued by the agencies
listed, to prevent reporting the rule more than once, we consider it an HHS rule since the
department submitted the rule to OIRA.
4126 U.S.C. § 9833; 29 U.S.C. § 1191c; 42 U.S.C. § 300gg-92.

4286 Fed. Reg. at 36917.

4386 Fed. Reg. at 36918.

Page 14 GAO-26-108208 Federal Rulemaking
Number of major interim final rules without a
APA Categorical Exception prior NPRM that cited the exception
Rules of agency organization, 3
procedure, or practice
Interpretative rules 1
Agency management or personnel 0
General statements of policy 0
Source: GAO analysis of major interim final rules (2013—2025). ǀ GAO-26-108208

Note: Agencies invoked one of these six broad categorical exceptions in 17 of the 116 major IFRs (15
percent) we reviewed that were issued without notice-and-comment. Numbers do not total 17
because one rule cited two categorical exceptions.

Rules in our review cited four of the six APA categorical exceptions.
Some rules that cited an exception also claimed good cause to waive
notice-and-comment requirements. For example:

• Public property, loans, grants, benefits, or contracts. Treasury
cited the grants part of this exception in a 2021 rule implementing the
Coronavirus State Fiscal Recovery Fund and the Coronavirus Local
Fiscal Recovery Fund established under the American Rescue Plan
Act of 2021. 44 The rule specified eligible usage of funds and reporting
requirements, among other provisions. Treasury explained the IFR
implements statutory conditions on the eligible uses of the certain
grants, and addresses the payment of those funds, the reporting on
uses of funds, and potential consequences of ineligible uses. 45 The
agency also stated that, to the extent the rule was not exempt on this
basis, it had good cause for not undertaking notice-and-comment
rulemaking given the historic economic and public health emergency
and related urgency. 46
• Military or foreign affairs. The Department of Defense (DOD) cited
this exception in a 2015 rule that established policy, assigned
responsibilities, and prescribed procedures for administering the DOD
Transition Assistance Program, which assists servicemembers in
transitioning back to civilian life. 47

4486 Fed. Reg. 26786 (May 17, 2021); American Rescue Plan Act of 2021, Pub. L. No.
117-2. § 9901, 135 Stat. 4, 223–236 (2021).
4586 Fed. Reg. at 26815.

4686 Fed. Reg. at 26818.

4780 Fed. Reg. 74678 (Nov. 30, 2015).

Page 15 GAO-26-108208 Federal Rulemaking
• Rules of agency organization, procedure, or practice. HHS cited
this exception in a 2017 rule extending the compliance date for a
previous final rule requiring disclosure of certain nutrition information
for standard menu items in certain restaurants and retail food
establishments. Figure 5 highlights the rule text noted in this
example. 48 The agency also claimed good cause to forgo notice-and-
comment procedures, given the imminence of the compliance date. 49
• Interpretative rules. DOJ cited this exception in a 2016 rule
implementing the James Zadroga 9/11 Victim Compensation Fund
Reauthorization Act. 50 The agency stated that it claimed this
categorical exception because the rule explains or clarifies language
in the underlying statute and does not create new language
independent of the statute. 51 The agency also determined that it
would be unnecessary and contrary to the public interest to engage in
full notice and comment rulemaking because delaying implementation
would delay the determination and payment of certain claims and the
regulatory modification of the IFR largely reflect statutory changes,
among other reasons. 52

4882 Fed. Reg. 20825 (May 4, 2017).

4982 Fed. Reg. at 20827–20828. The agency also noted that a number of regulated
entities were continuing to raise numerous, complex questions about applicability of the
menu labeling requirements and about how to implement them. By issuing this rule as an
IFR, it allowed interested parties to submit further comments.
5081 Fed. Reg. 38936 (June 15, 2016); Consolidated Appropriations Act, 2016, Pub. L.
No. 114-113, div. O, §§ 401–405., 129 Stat. 2242, 3000–3018 (2015).
5181 Fed. Reg. at 38939. The agency also stated that the IFR makes four additional
changes not required by the statute, but these changes reduced certain regulatory
burdens on claimants or otherwise benefited claimants.
5281 Fed. Reg. at 38939.

Page 16 GAO-26-108208 Federal Rulemaking
Figure 5: Example of an Agency Citing an Administrative Procedure Act (APA) Categorical Exception

Note: 5 U.S.C. § 553 is the legal citation for the notice-and-comment requirements of the APA.
Subsection (b)(A) refers to exceptions from notice-and-comment requirements for interpretative rules;
general statements of policy; and rules of agency organization, procedure, or practice. For this
example, we modified some elements of the web page due to space limitations.

In addition to the APA’s good cause exception and categorical exceptions
for certain rules, agencies were also directed by other statutes to issue
rules without regard to notice-and-comment requirements. Rules in our
review cited non-APA statutes in 53 of the 116 major IFRs (46 percent)
we reviewed. For example:

• A 2015 Department of Homeland Security rule adjusted the
passenger civil aviation security service fee, 53 which helps finance
security for the nation’s aviation transportation system. The rule cited
a statutory authorization that exempted the rulemaking from notice-
and-comment requirements. 54 The rule claimed good cause related to
the need to resolve a discrepancy between the agency’s regulations
and statutory requirements.
• Thirty SBA rules issued in 2020 and 2021 cited either the CARES Act,
the Economic Aid Act, or both as authorization to forgo notice-and-
comment. 55 These rules implemented the Paycheck Protection

5380 Fed. Reg. 31850 (June 4, 2015).

5480 Fed. Reg. at 31851; 49 U.S.C. § 44940(d)(1).

55Pub. L. No. 116-136, § 1114, 134 Stat. 218, 312 (2020); Pub. L. No. 116-260, div. N, §
303, 134 Stat. 1182, 1993 (2020).

Page 17 GAO-26-108208 Federal Rulemaking
Program (PPP), which provided loans to small businesses to cover
payroll costs during the COVID-19 pandemic. 56

Federal Agencies
Increased Use of
Regulatory
Flexibilities in
Response to COVID-
19
Agencies Leveraged Federal agencies relied on multiple new and existing regulatory
Existing and New flexibilities to expedite rulemaking during the COVID-19 pandemic. 57 On
Flexibilities to Expedite January 31, 2020, the Secretary of HHS declared a public health
emergency as a result of COVID-19. 58 Subsequently, on March 13, 2020,
Rulemaking During the the President declared COVID-19 a national emergency under the
Pandemic National Emergencies Act. 59 Agencies such as HHS and SBA cited
emergency declarations when publishing interim final rules. In at least
one instance, HHS relied on the public health emergency declaration to
support a good cause finding for waiving notice-and-comment
rulemaking. Specifically, in April 2020, HHS issued an IFR introducing
temporary Medicare and Medicaid flexibilities in response to COVID-19.
HHS stated that conducting notice-and-comment procedures during the
ongoing public health emergency would be contrary to the public interest
and cited the APA’s good cause exception to waive notice-and-comment

56For example, see 85 Fed. Reg. 33010 (June 1, 2020); 86 Fed. Reg. 15083 (Mar. 22,
2021).
57We previously reported on agencies’ use of regulatory flexibilities during COVID-19.

Agencies could issue different types of rules that vary from the notice-and-comment
rulemaking process, including interim final rules, which go into effect without a prior notice
if the agency found that it had good cause to do so. See GAO, COVID-19: Agencies
Increased Use of Some Regulatory Flexibilities and Are Taking Steps to Assess Them,
GAO-22-105047 (Washington, D.C.: June 23, 2022).
58Department of Health and Human Services, Determination That a Public Health

Emergency Exists (Jan. 31, 2020), available at
https://aspr.hhs.gov/legal/PHE/Pages/2019-nCoV.aspx (last visited June 8, 2026). The
public health emergency remained in effect until May 11, 2023.
5985 Fed. Reg. 15337 (Mar. 18, 2020). The national emergency was terminated on April

10, 2023. See Pub. L. No. 118-3, 137 Stat. 6 (2023).

Page 18 GAO-26-108208 Federal Rulemaking
requirements (see fig. 6). 60 SBA, for example referenced the national
emergency declaration in many of the IFRs implementing the PPP.

Figure 6: Example of an Interim Final Rule Citing the COVID-19 Public Health Emergency (PHE) in Support of Waiving Notice-
and-Comment Rulemaking

Note: PHE is shorthand for “public health emergency,” referring to the COVID-19 pandemic. For this
example, we modified some elements of the web page due to space limitations.

Federal agencies also relied on other existing flexibilities under the APA
to issue rules without prior notice-and-comment. For example, in May
2021, Treasury issued a rule implementing the Coronavirus State and
Local Fiscal Recovery Funds program. The American Rescue Plan Act
established the program to support state, local, and tribal governments in
responding to the effects of COVID-19. Treasury issued the rule without
prior notice-and-comment, relying on the APA exception for matters
relating to grants. 61

In addition to the flexibilities afforded under the APA, Congress passed
new statutory authorities directing SBA to issue rules without prior notice-
and-comment. For example, section 1114 of the CARES Act and section
303 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and
Venues Act directed SBA to issue regulations to implement the PPP

6085 Fed. Reg. 19230 (April 6, 2020).

6186 Fed. Reg. 26786 (May 17, 2021).

Page 19 GAO-26-108208 Federal Rulemaking
without regard to APA notice-and-comment requirements. 62 In several
instances, SBA relied on both existing and new authorities to issue rules
without prior notice-and-comment.

Our review identified 30 IFRs implementing PPP during the COVID-19
public health emergency. Across these IFRs, SBA cited the CARES Act
or the Economic Aid Act as the statutory authority for issuing the rules as
IFRs. Of these, 14 IFRs relied solely on statutory authority. The remaining
16 also cited the APA’s good cause exception as an additional basis for
bypassing notice-and-comment requirements. For example, in issuing an
IFR implementing changes to nondiscrimination and eligibility criteria for
the PPP, SBA cited statutory authority under section 1114 of the CARES
Act and claimed good cause under the APA (see fig. 7). 63

Figure 7: Example of an Interim Final Rule Citing Other Statutory Authority in Addition to the Administrative Procedure Act’s
Good Cause Exception to Issue Without Regard to Notice-and-Comment Requirements

Note: For this example, we modified some elements of the web page due to space limitations.

Agencies’ Use of A majority of rules we reviewed were issued during the COVID-19 public
Expedited Rulemaking health emergency, which spanned January 31, 2020, through May 11,
2023. In the 6 years prior to the COVID pandemic (2013—2019), federal
Increased During COVID-
agencies published annually between three and 10 major IFRs or DFRs
19 Pandemic in our review. In 2020 and 2021, these numbers increased to 45 and 24,

62Pub. L. No. 116-136, § 1114, 134 Stat. 281, 312 (2020); Pub. L. No. 116-260, div. N, tit.

III, § 303, 134 Stat. 1182, 1993 (2020). The Paycheck Protection Program (PPP) was
designed to provide forgivable loans to small businesses to maintain payroll and cover
certain expenses.
6385 Fed. Reg. 27287 (May 8, 2020).

Page 20 GAO-26-108208 Federal Rulemaking
respectively, coinciding with the COVID-19 public health emergency.
From 2023 through January 2025, the number of major IFRs and DFRs
published returned to a range similar to earlier years. In total, agencies
issued 55 rules in response to COVID-19, 41 of which cited good cause.
(see fig. 8).

Figure 8: Number of COVID-19 and Non-COVID-19 Rules Reviewed Using Expedited Rulemaking, by Year, (Jan. 20, 2013 –-
Jan. 20, 2025)

Note: We classified rules as issued in direct response to the COVID-19 pandemic if it was primarily
issued, in part or whole, to respond to the COVID-19 pandemic, including responding to the
pandemic’s socio-economic or other indirect effects.
2013 only includes published between January 20, 2013, and December 31, 2013.
2025 only includes published between January 1, 2025, and January 20, 2025.

Page 21 GAO-26-108208 Federal Rulemaking
Among the 128 IFRs and DFRs we reviewed, 85 (66 percent) included
Federal Agencies information on expected costs and benefits in the published rule, which
Generally Reported we refer to as economic effects. In addition to reporting on economic
effects, agencies requested and received public comments for a majority
on Economic Effects of IFRs we reviewed. Our review further found that agencies generally
and Requested Public documented responses to public comments when IFRs were reissued as
final rules. Developments occurring after the time frame of the rules in our
Comments After review, including recent executive actions and Office of Management and
Rules Were Issued Budget (OMB) guidance, may influence future trends in expedited
rulemaking.

Two-thirds of Major Rules Of the 128 major rules we reviewed, 85 (66 percent) published
Reported on Economic information on economic effects. 64 Under EO 12866, agencies are
Effects directed to assess the costs and benefits of significant regulatory actions,
to the extent practicable. Appendix I describes how we identified the
numbers of rules reporting economic effects.

An example of a rule which reported information on economic effects is a
2021 Department of Commerce’s National Oceanic and Atmospheric
Administration (NOAA) rule adjusting the Atlantic Sea Scallop Fishery
Management Plan for fishing years 2021 and 2022. 65 NOAA estimated
that the rule would reduce consumer and producer surplus by
approximately $104.1 million in 2021, reflecting an 11.5 million pound
reduction in the annual catch relative to the previous fishing year. NOAA
also indicated that the rule would provide qualitative benefits, including
helping to ensure sustainability of fishery stocks and minimizing adverse
ecological effects.

EO 12866 also recognizes that agencies may need to act quickly in
emergencies or when required by law and directs agencies in those
circumstances to comply with the order’s requirements to the extent
practicable. We found that, among IFRs issued during the COVID-19
public health emergency period, those intended to provide relief from the

64Exec. Order No. 12866 requires agencies to assess the costs, benefits, and regulatory

alternatives of significant regulatory actions to the extent practicable. OMB Circular A-4
provides guidance on conducting such analyses, including the identification and
quantification of costs and benefits and the evaluation of alternatives. Office of
Management and Budget, Circular A-4. Our review did not assess compliance with the EO
or Circular A-4. A finding that a rule reported information on economic effects does not
necessarily mean the rule fully complied with the requirements of the order; conversely, a
finding that a rule did not report information on economic effects does not mean the rule
fails to comply with any requirements.
6586 Fed. Reg. 27042 (May 19, 2021).

Page 22 GAO-26-108208 Federal Rulemaking
effects of COVID-19 reported information on economic effects at lower
rates than other IFRs. Eighteen of the 55 IFRs (33 percent) in this group
reported information on economic effects. By comparison, 38 of 41 IFRs
(93 percent) issued before the public health emergency and 14 of 15 IFRs
(93 percent) issued after the public health emergency reported such
information.

SBA issued a substantial share of the rules we reviewed that did not
report information on economic effects. Of the 31 such rules, 30 were
issued to implement PPP. In each of these rules, SBA cited EO 12866’s
emergency provision, which directs agencies to comply with certain
reporting requirements to the extent practicable.

Figure 9: Number of Major Interim Final and Direct Final Rules Reviewed Reporting on Economic Effects by Federal Agency,
Jan. 20, 2013–Jan. 20, 2025

Note: Our review did not assess compliance with the related requirements. A finding that a rule
reported information on economic effects does not necessarily mean the rule fully complied with the
economic analysis requirements; conversely, a finding that a rule did not report information on
economic effects does not mean the rule fails to comply with any requirements.

Page 23 GAO-26-108208 Federal Rulemaking
Federal Agencies When agencies issue an IFR under statutory authority that permits them
Generally Requested to forgo notice-and-comment rulemaking, they may request public
comments after the rule is issued but are not required to do so. For major
Public Comments When
rules in which agencies retain discretion, these comments can help
Expediting Major Rules agencies identify issues and obtain information and analyses that they
may not have previously considered. Similarly, agencies are not required
to respond to comments received on these rules.

Of the 116 IFRs issued without an NPRM that we reviewed, 115
requested public comment. 66 Of these, 109 (95 percent) received
comment after the rule was published. 67 The number of comments varied
across IFRs, ranging from one to over 120,000. This is an increase
compared to our 2012 report that found agencies requested comments
for 63 percent of major rules issued without an NPRM between 2003 and
2010.

Federal Agencies Agencies documented their consideration of comments for 49 of 52 (94
Generally Documented percent) IFRs that were subsequently reissued the IFRs as final rules. For
example, Education issued an IFR on total and permanent disability
Consideration of Public student loan discharge and requested public comment. 68 Education
Comments in Final Rules subsequently issued a final rule incorporating changes in response to
comments. 69 This is also consistent with our finding in 2012 that agencies
generally documented consideration of public comments in instances
where IFRs were reissued as final rules.

Sixty-four of the 116 (55 percent) IFRs in our review were not followed by
a subsequent final rule. As a result, we were unable to assess whether
agencies addressed public comments on those IFRs through a
subsequent final rule. However agencies generally state they will respond
to significant comments, if warranted, in a subsequent final rule.

For the 12 DFRs in our population, DOE and HHS reviewed comments
submitted in response to each DFR and found that none warranted

66The rule that did not request public comments was issued by EPA in 2023 to stay
certain requirements of the Federal Good Neighbor Plan for the 2015 Ozone National
Ambient Air Quality Standards. 88 Fed. Reg. 36654 (Nov. 6, 2024).
67This analysis is based on comments posted to regulations.gov. Totals may be
understated if any comments received by agencies were not reflected on regulations.gov.
6884 Fed. Reg. 65000 (Nov. 26, 2019).

6986 Fed. Reg. 46972 (Aug. 23, 2021).

Page 24 GAO-26-108208 Federal Rulemaking
withdrawing the rule. As a result, DOE and HHS published Federal
Register notices confirming their effective dates.

Recent Policy Moving forward, assessing trends in expedited rulemaking, particularly
Developments May the use of the APA’s good cause exception, will need to account for
developments that occurred after the time frame of rules in our review.
Influence Federal
Recent executive actions have directed agencies to review and repeal
Agencies’ Use of certain regulations and have identified circumstances in which agencies
Expedited Rulemaking may rely on the APA’s good cause exception to do so expeditiously. In
February 2025, the President issued EO 14219, which directed agencies
to identify regulations that may be unlawful or exceed statutory authority
and to prioritize their modification or repeal. 70 Building on this directive, in
April 2025, a presidential memorandum directed agencies to finalize
repeal actions without notice-and-comment, where consistent with the
APA’s good cause exception, including where such procedures would be
impracticable, unnecessary, or contrary to the public interest. 71 In October
2025, OMB issued Memorandum M-25-36 which emphasized
streamlining the review of deregulatory actions and outlined
considerations for determining whether notice-and-comment procedures
are warranted. 72 Taken together, these actions suggest potential changes
in federal agencies’ application of the APA’s good cause exception in
rulemaking. The extent to which these developments may affect longer-
term trends is not yet known.

We provided a draft of this report to the OMB for review and comment.
Agency Comments OMB did not have any comments on the report.

As agreed with your offices, unless you publicly announce the contents of
this report earlier, we plan no further distribution until 30 days from the
report date. At that time, we will send copies to the appropriate
congressional committees, the Director of OMB, and other interested

70Exec. Order No. 14219, Ensuring Lawful Governance and Implementing the President’s

“Department of Government Efficiency” Deregulatory Initiative, 90 Fed. Reg. 10583 (Feb.
25, 2025).
71The White House, Memorandum on Directing the Repeal of Unlawful Regulations (Apr.

9, 2025),
https://www.whitehouse.gov/presidential-actions/2025/04/directing-the-repeal-of-unlawful-r
egulations/.
72Office of Management and Budget, Memorandum M-25-36, Streamlining the Review of

Deregulatory Actions (Oct. 21, 2025),
https://www.whitehouse.gov/wp-content/uploads/2025/10/M-25-36-Streamlining-the-Revie
w-of-Deregulatory-Actions.pdf.

Page 25 GAO-26-108208 Federal Rulemaking
parties. In addition, the report will be available at no charge on the GAO
website at https://www.gao.gov.

If you or your staff have any questions about this report, please contact
me at vanarsdalel@gao.gov. Contact points for our Offices of
Congressional Relations and Media Relations may be found on the last
page of this report. GAO staff who made key contributions to this report
are listed in appendix III.

Lisa Van Arsdale
Acting Director, Strategic Issues

Page 26 GAO-26-108208 Federal Rulemaking
Appendix I: Objectives, Scope, and
Appendix I: Objectives, Scope, and
Methodology

Methodology

The objectives of this report were to:

• Identify how often executive agencies issued rules using the
Administrative Procedure Act (APA) good cause exception, including
which agencies most often issued such rules, and how often agencies
cited exceptions other than APA’s good cause.
• Identify how the issuance of rules without prior notice-and-comment
changed over time, including years before, during, and after the
COVID-19 pandemic (January 31, 2020–May 11, 2023).
• Identify how often rules issued without prior notice-and-comment
provided information on the rule’s economic effects, solicited public
comments, and responded to public comments.
For all three objectives, our review included major interim final rules (IFR)
and direct final rules (DFR) that were published between January 20,
2013, and January 20, 2025.

To address each of these objectives, we used data from Reginfo.gov, the
Federal Register, and our Congressional Review Act (CRA) database to
compile a list of IFRs and DFRs issued between January 20, 2013, and
January 20, 2025. 1 We focused on interim and direct final rules because
these rules are generally published without a prior notice of proposed
rulemaking (NPRM), which is an indicator of use of a good cause
exception. Further, we limited our review to major rules to focus on those
rules with the largest effect on the economy. 2 We also excluded Federal
Acquisition Regulation rules because they are not governed by the APA. 3
After these criteria were applied, we identified 134 rules issued in our
timeframe that were published by federal agencies and that the agencies
identified as IFRs or DFRs. To address our three objectives, we also
reviewed associated documents for the rules reviewed, relevant laws,
executive orders, and guidance related to waiving notice-and-comment.

1We selected this time frame because it corresponded to the entirety of three presidential
administrations since our last report on this topic, which provided us with a sufficient
number of rules frow which to draw reasonable conclusions, and to be able to contrast
pre-COVID rules from those released during and immediately after the COVID-19
pandemic.
2We relied on data from Reginfo.gov to determine which rules were major. In some cases,
this conflicted with the text of the rule as published in the Federal Register and as
submitted to Congress under the CRA.
341 U.S.C. § 1707. See also 5 U.S.C. § 553(a)(2) (exempting matters related to
contracts).

Page 27 GAO-26-108208 Federal Rulemaking
Appendix I: Objectives, Scope, and
Methodology

We also reviewed our prior work on agencies’ use of regulatory flexibility
during the pandemic.

We reviewed these 134 rules and determined that six of the interim final
rules were preceded by NPRMs and therefore, were excluded from
further review. Therefore, we found that of the 128 rules covered in our
review that were issued without a prior NPRM, 116 were IFRs and 12
were DFRs. In this report, we referred to these 128 rules as rules we
reviewed or rules covered by our review. We supplemented data from the
sources we used to compile our list of rules with documentation related to
each rule, including the Federal Register entries, our major rule reports,
and regulatory dockets on regulations.gov. We tested the reliability of the
databases by testing for outliers, tracing a sample of entries to source
documents, triangulating data across the sources, and reviewing
documentation about how the databases are maintained. We concluded
that the data elements we used were sufficiently reliable for identifying
IFRs and DFRs for inclusion in our review.

To address all three objectives, two analysts independently reviewed
each rule’s documentation to identify and record key characteristics of the
rules, including whether the agency cited good cause, whether the rule
was related to the COVID-19 pandemic, and whether the rule included
information on projected economic effects. 4 A third analyst examined the
codes assigned by the reviewers to ensure that coding criteria were
consistently applied and resolved instances where the two reviewers
were not in agreement.

To address our first objective, we identified (1) which agencies issued
each of the 116 IFRs without notice-and-comment and (2) whether good
cause was cited to forgo notice-and-comment. Where agencies claimed
good cause, we also identified the specific reasons agencies gave for
citing good cause. The three general reasons for agencies citing good
cause (impracticable, unnecessary, and contrary to the public interest)
are specified in the APA. 5 While this report categorizes the rules on the
basis of which of the three terms they used, the usage of the general

4Unless otherwise stated, “cited” or similar language refers to both (1) if agencies directly
mentioned good cause or other exceptions to notice-and-comment in the rule text; or (2)
did not directly mention good cause or other exceptions in the rule text, but based on
context, we interpreted the rule text as citing or referring to said exceptions.
55 U.S.C. § 553(b)(B).

Page 28 GAO-26-108208 Federal Rulemaking
Appendix I: Objectives, Scope, and
Methodology

reasons often overlap in the rules’ texts. 6 For the 12 DFRs, we also
reviewed whether each rule was concurrently issued with a notice of
proposed rulemaking.

To address our second objective, we identified whether rules citing good
cause to forgo notice-and-comment were issued in response to the
COVID-19 pandemic (January 31, 2020, through May 11, 2023). 7 For
purposes of this objective, if a rule stated it was issued to address the
socio-economic effects of the pandemic, we considered it to be a
pandemic-related rule. For example, we considered rules to be pandemic-
related if they stated they were to address mass layoffs due to stay-at-
home orders, increased risk of evictions, and mental health problems
stemming from the pandemic.

To address our third objective, we identified whether agencies that issued
major rules without notice-and-comment (1) provided information on the
economic effects of the rules, 8 (2) solicited public comments when issuing
final rules without notice-and-comment, and (3) responded to comments
received on major rules without notice-and-comment. 9 Our review of the
reported economic effects did not assess compliance with the related
requirements. A finding that a rule reported information on economic
effects does not necessarily mean the rule fully complied with the
economic analysis requirements; conversely, a finding that a rule did not
report information on economic effects does not mean the rule fails to
comply with any requirements. We reviewed each rule and corresponding
major rule report we submitted as required under the Congressional

6While some rules cited only one of the three general reasons, agencies more frequently
cited two or all three of the general reasons.
7This start of the time frame (Jan. 31, 2020) corresponds to when the Secretary of Health
and Human Services declared the pandemic a public health emergency, and the end of
this time frame (May 11, 2023) corresponds to when the federal public health emergency
expired.
8As a starting point, we reviewed CRA major rule reports, which state analyzed costs and
benefits. For those rules where the CRA major rule report stated has a cost-benefit
analysis, the team looked for whether agencies included information on economic benefits
and costs of the rules. For rules without a CRA major rule report, we examined the rule
text for whether agencies included information on economic costs and benefits. We then
confirmed our conclusions with those of another staff member that performed similar
analysis.
9We documented this characteristic only for IFRs that had a subsequent final rule
published. For these cases, we downloaded the final rule texts from the Federal Register
and reviewed them to determine if the agency responded to comments on the IFR.

Page 29 GAO-26-108208 Federal Rulemaking
Appendix I: Objectives, Scope, and
Methodology

Review Act to determine whether the rule contained a cost-benefit
analysis. 10

To address all three objectives, we completed additional content analyses
of the 128 major rules to obtain more detailed information on the stated
reasons behind agencies’ use of exceptions to notice-and-comment
rulemaking, including APA categorical exceptions and non-APA statutes,
and whether agencies described the economic effects of rules. Each
content analysis was conducted by of our staff members, who performed
a similar review process as described above, then documented their
findings. The results of these analyses only represent the facts and
circumstances of the specific rules we reviewed and were used to inform
our final determinations on those characteristics for each rule.

We did not assess the agencies’ decisions regarding claims of good
cause and other exceptions or their determinations regarding the effects
of their rules. Instead, we are providing information about what the
agencies published in the Federal Register as the basis for their findings.
Therefore, we limited our analysis to the information agencies specifically
stated in their rules.

10Twenty-six major IFRs we reviewed did not have a major rules report. For these rules,
we reviewed just the rule text to determine whether the rule contained a cost-benefit
analysis.

Page 30 GAO-26-108208 Federal Rulemaking
Appendix II: List of Major Interim Final and
Appendix II: List of Major Interim Final and
Direct Final Rules Reviewed and Key

Direct Final Rules Reviewed and Key
Characteristics

Characteristics
The following table provides key information obtained based on our
review of the 116 major interim final rules (IFR) issued from 2013 through
2025 that we reviewed. 1 This table includes eight fields for each rule: (1)
Rule Title, (2) Federal Register Cite, (3) RIN, (4) Agency, (5) Reasons
Cited, (6) COVID-Related, (7) Received Comments, and (8) Described
Economic Effects.

The Rule Title field shows the rule title of the IFR as it appears in the
Federal Register.

Following the rule title is the Federal Register Cite field, which provides
the volume and page number where the IFR was published in the Federal
Register. The publication date appears as a parenthetical.

The RIN field shows all Regulation Identification Numbers (RIN)
appearing in the header of the rule as it appears in the Federal Register.
Multiple RINs are separated by semicolons. Where a rule has multiple
RINs corresponding to multiple issuing agencies, the RINs are listed in
the same order as the issuing agencies in the Agency field.

The Agency field shows all issuing agencies appearing in the header of
the rule as it appears in the Federal Register. Some rules were jointly
issued by one or more agencies, in which case they are separated by
commas. To prevent reporting the rule more than once, we consider the
lead agency to be the one that submitted the rule to the Office of
Information and Regulatory Affairs (OIRA). 2 In such cases, this agency is
listed first. Other agencies jointly issuing a rule are listed after the lead
agency. 3

The Reasons Cited field shows the reason or reasons agencies provided
in the published IFR for waiving notice-and-comment. These reasons are
categorized as follows: (1) Good Cause; (2) Administrative Procedure Act

1We relied on data from Reginfo.gov to determine which rules were major. In some cases
this conflicted with the text of the rule as published in the Federal Register and as
submitted to Congress under the Congressional Review Act.
2This information was obtained from the OIRA dataset we used to build our population of
rules for review, as detailed in appendix I.
3All listed agencies are at the department or cabinet level. While the rules may have been
issued by one or more subagencies of a department-level agency, we did not include this
information.

Page 31 GAO-26-108208 Federal Rulemaking
Appendix II: List of Major Interim Final and
Direct Final Rules Reviewed and Key
Characteristics

(APA) Categorical Exceptions; 4 (3) Non-APA Statute, and (4) No Reason
Given. Some rules cited more than one reason. Rules were categorized
as Good Cause if the IFR explicitly stated the agency was claiming good
cause to waive notice-and-comment requirements of the APA, such as
the APA 30-day delay and CRA 60-day delay requirements, but not the
APA notice-and-comment requirements. These rules were not
categorized as Good Cause. IFRs that claimed good cause and cited
non-APA statutory reasons for claiming good cause, including statutory
deadlines, were categorized as Good Cause. By way of contrast, IFRs
which claimed good cause and separately discussed a non-APA statutory
provisions as a stand-alone reason to forgo notice-and-comment
rulemaking were categorized as both Good Cause and Non-APA Statute.
Non-APA Statute includes cases where the IFR cited legislative history as
the reason for forgoing notice-and-comment procedures.

The COVID-Related field shows a Yes when the IFR states it was
primarily issued, in part or whole, to respond to the COVID-19 pandemic,
including responding to the pandemic’s socio-economic or other indirect
effects. However if a rule mentioned the COVID-19 pandemic as a
reason, but not a primary reason the rule was issued, the field shows No.
Rules that predate the COVID-19 pandemic or do not mention the
pandemic also show “No” in this field.

The Received Comments field refers to whether a rule received
comments via regulations.gov. For cases where this characteristic is “No”,
it is possible the rule received comments via other sources (e.g. physical
mail), but these comments were not uploaded to regulations.gov.

The Described Economic Effects field shows “Yes” when an agency
provided information on economic costs and benefits for each rule.
Otherwise the field shows No. Our review of the reported economic
effects did not assess compliance with any applicable requirements. A
finding that a rule reported information on economic effects does
necessarily mean the rule fully complied with the economic analysis
requirements; conversely, a finding that a rule did not report information

4The APA does not require an agency to engage in notice-and-comment rulemaking for
rules falling into one or more of these exceptions. The six APA categorical exceptions are
(1) public property, loans, grants, benefits, or contracts; (2) military or foreign affairs
function; (3) rules of agency organization, procedure, or practice; (4) Interpretative rules;
(5) agency management of personnel; and (6) general statements of policy. Seventeen
major IFRs issued without notice-and-comment that we reviewed cited the former four
categorical exceptions at least once, but we did not include specific exceptions cited in
table 3.

Page 32 GAO-26-108208 Federal Rulemaking
Appendix II: List of Major Interim Final and
Direct Final Rules Reviewed and Key
Characteristics

on economic effects does not mean the rule fails to comply with any
requirements. A determination that a rule did not describe economic
effects was based on a review of the interim final rule only.

Table 3: Summary of Characteristics for Major Interim Final Rules Issued Without Prior Notice of Proposed Rulemaking
(NPRM) That We Reviewed, Jan. 20, 2013—Jan. 20, 2025

Rule Attributes Summary of Key Characteristics
Rule Title: Uniform Procedures for State Highway Safety Grant Reasons Cited: No Reason Provided
Programs COVID-Related: No
Federal Register Cite: 78 Fed. Reg. 4986 (Jan. 23, 2013) Received Comments: Yes
RIN: 2127-AL30; 2127-AL29 Described Economic Effects: No
Agency: Department of Transportation
Rule Title: Guarantees for Bonds Issued for Community or Economic Reasons Cited: APA Categorical Exception
Development Purposes COVID-Related: No
Federal Register Cite: 78 Fed. Reg. 8296 (Feb. 5, 2013) Received Comments: Yes
RIN: 1559-AA01 Described Economic Effects: Yes
Agency: Department of the Treasury
Rule Title: Emergency Relief Program Reasons Cited: Non-APA Statute
Federal Register Cite: 78 Fed. Reg. 19136 (Mar. 29, 2013) COVID-Related: No
RIN: 2132-AB13 Received Comments: Yes
Agency: Department of Transportation Described Economic Effects: No
Rule Title: Supplemental Nutrition Assistance Program: Nutrition Reasons Cited: Good Cause
Education and Obesity Prevention Grant Program COVID-Related: No
Federal Register Cite: 78 Fed. Reg. 20411 (Apr. 5, 2013) Received Comments: Yes
RIN: 0584-AE07 Described Economic Effects: Yes
Agency: Department of Agriculture
Rule Title: Wage Methodology for the Temporary Non-Agricultural Reasons Cited: Good Cause
Employment H-2B Program, Part 2 COVID-Related: No
Federal Register Cite: 78 Fed. Reg. 24047 (Apr. 24, 2013) Received Comments: Yes
RINs: 1205-AB69; 1615-AC02 Described Economic Effects: Yes
Agency: Department of Labor; Department of Homeland Security
Rule Title: William D. Ford Federal Direct Loan Program Reasons Cited: Good Cause
Federal Register Cite: 78 Fed. Reg. 28954 (May 16, 2013) COVID-Related: No
RIN: 1840-AD13 Received Comments: Yes
Agency: Department of Education Described Economic Effects: Yes
Rule Title: Pre-Existing Condition Insurance Plan Program Reasons Cited: Good Cause
Federal Register Cite: 78 Fed. Reg. 30218 (May 22, 2013) COVID-Related: No
RIN: 0938-AQ70 Received Comments: Yes
Agency: Department of Health and Human Services Described Economic Effects: Yes

Page 33 GAO-26-108208 Federal Rulemaking
Appendix II: List of Major Interim Final and
Direct Final Rules Reviewed and Key
Characteristics

Rule Attributes Summary of Key Characteristics
Rule Title: National School Lunch Program and School Breakfast Reasons Cited: Good Cause
Program: Nutrition Standards for All Foods Sold in School as COVID-Related: No
Required by the Healthy, Hunger-Free Kids Act of 2010
Received Comments: Yes
Federal Register Cite: 78 Fed. Reg. 39068 (June 28, 2013)
Described Economic Effects: Yes
RIN: 0584-AE09
Agency: Department of Agriculture
Rule Title: Civilian Health and Medical Program of the Uniformed Reasons Cited: Non-APA statute
Services (CHAMPUS)/TRICARE: Pilot Program for Refills of COVID-Related: No
Maintenance Medications for TRICARE for Life Beneficiaries through
the TRICARE Mail Order Program Received Comments: Yes
Federal Register Cite: 78 Fed. Reg. 75245 (Dec. 11, 2013) Described Economic Effects: Yes
RIN: 0720-AB60
Agency: Department of Defense
Rule Title: Copayments for Medications in 2014 Reasons Cited: Good Cause
Federal Register Cite: 78 Fed. Reg. 79315 (Dec. 30, 2013) COVID-Related: No
RIN: 2900-AO91 Received Comments: No
Agency: Department of Veterans Affairs Described Economic Effects: Yes
Rule Title: Medicare Program: Extension of the Payment Adjustment Reasons Cited: Good Cause
for Low-Volume Hospitals and the Medicare-Dependent Hospital COVID-Related: No
(MDH) Program under the Hospital Inpatient Prospective Payment
Systems (IPPS) for Acute Care Hospitals for Fiscal Year 2014 Received Comments: Yes
Federal Register Cite: 79 Fed. Reg. 15022 (Mar. 18, 2014) Described Economic Effects: Yes
RIN: 0938-AR12
Agency: Department of Health and Human Services
Rule Title: Loan Guaranty: Ability-To-Repay Standards and Qualified Reasons Cited: Good Cause
Mortgage Definition Under the Truth in Lending Act COVID-Related: No
Federal Register Cite: 79 Fed. Reg. 26620 (May 9, 2014) Received Comments: Yes
RIN: 2900-AO65 Described Economic Effects: Yes
Agency: Department of Veterans Affairs
Rule Title: General Administrative Regulations; Catastrophic Risk Reasons Cited: APA Categorical Exception
Protection Endorsement; Area Risk Protection Insurance COVID-Related: No
Regulations; and the Common Crop Insurance Regulations, Basic
Provisions Received Comments: Yes
Federal Register Cite: 79 Fed. Reg. 37155 (July 1, 2014) Described Economic Effects: Yes
RIN: 0563-AC43
Agency: Department of Agriculture
Rule Title: Copayments for Medications in 2015 Reasons Cited: Good Cause
Federal Register Cite: 79 Fed. Reg. 63819 (Oct. 27, 2014) COVID-Related: No
RIN: 2900-AP15 Received Comments: Yes
Agency: Department of Veterans Affairs Described Economic Effects: Yes

Page 34 GAO-26-108208 Federal Rulemaking
Appendix II: List of Major Interim Final and
Direct Final Rules Reviewed and Key
Characteristics

Rule Attributes Summary of Key Characteristics
Rule Title: Expanded Access to Non-VA Care Through the Veterans Reasons Cited: Good Cause; Non-APA Statute
Choice Program COVID-Related: No
Federal Register Cite: 79 Fed. Reg. 65571 (Nov. 5, 2014) Received Comments: Yes
RIN: 2900-AP24 Described Economic Effects: Yes
Agency: Department of Veterans Affairs
Rule Title: Environmental Quality Incentives Program (EQIP) Reasons Cited: No Reason Provided
Federal Register Cite: 79 Fed. Reg. 73954 (Dec. 12, 2014) COVID-Related: No
RIN: 0578-AA62 Received Comments: Yes
Agency: Department of Agriculture Described Economic Effects: Yes
Rule Title: Driving Distance Eligibility for the Veterans Choice Reasons Cited: Good Cause; Non-APA Statute
Program COVID-Related: No
Federal Register Cite: 80 Fed. Reg. 22906 (Apr. 24, 2015) Received Comments: Yes
RIN: 2900-AP24 Described Economic Effects: Yes
Agency: Department of Veterans Affairs
Rule Title: Strategic Economic and Community Development Reasons Cited: No Reason Provided
Federal Register Cite: 80 Fed. Reg. 28807 (May 20, 2015) COVID-Related: No
RIN: 0570-AA94 Received Comments: Yes
Agency: Department of Agriculture Described Economic Effects: Yes
Rule Title: Adjustment of Passenger Civil Aviation Security Service Reasons Cited: Good Cause; Non-APA Statute
Fee COVID-Related: No
Federal Register Cite: 80 Fed. Reg. 31850 (June 4, 2015) Received Comments: Yes
RIN: 1652-AA68 Described Economic Effects: Yes
Agency: Department of Homeland Security
Rule Title: Biorefinery, Renewable Chemical, and Biobased Product Reasons Cited: No Reason Provided
Manufacturing Assistance Program COVID-Related: No
Federal Register Cite: 80 Fed. Reg. 36410 (June 24, 2015) Received Comments: Yes
RIN: 0570-AA73 Described Economic Effects: Yes
Agency: Department of Agriculture
Rule Title: Automated Commercial Environment (ACE) Filings for Reasons Cited: APA Categorical Exception
Electronic Entry/Entry Summary (Cargo Release and Related Entry) COVID-Related: No
Federal Register Cite: 80 Fed. Reg. 61278 (Oct. 13, 2015) Received Comments: Yes
RIN: 1515-AE03 Described Economic Effects: Yes
Agency: Department of the Treasury; Department of Homeland
Security
Rule Title: Transition Assistance Program (TAP) for Military Reasons Cited: APA Categorical Exception
Personnel COVID-Related: No
Federal Register Cite: 80 Fed. Reg. 74678 (Nov. 30, 2015) Received Comments: Yes
RIN: 0790-AJ17 Described Economic Effects: Yes
Agency: Department of Defense

Page 35 GAO-26-108208 Federal Rulemaking
Appendix II: List of Major Interim Final and
Direct Final Rules Reviewed and Key
Characteristics

Rule Attributes Summary of Key Characteristics
Rule Title: Expanded Access to Non-VA Care Through the Veterans Reasons Cited: Good Cause; Non-APA Statute
Choice Program COVID-Related: No
Federal Register Cite: 80 Fed. Reg. 74991 (Dec. 1, 2015) Received Comments: Yes
RIN: 2900-AP60 Described Economic Effects: Yes
Agency: Department of Veterans Affairs
Rule Title: James Zadroga 9/11 Victim Compensation Fund Reasons Cited: Good Cause; APA Categorical Exception
Reauthorization Act COVID-Related: No
Federal Register Cite: 81 Fed. Reg. 38936 (June 15, 2016) Received Comments: Yes
RIN: 1105-AB49 Described Economic Effects: No
Agency: Department of Justice
Rule Title: Department of Labor Federal Civil Penalties Inflation Reasons Cited: Good Cause
Adjustment Act Catch-Up Adjustments COVID-Related: No
Federal Register Cite: 81 Fed. Reg. 43430 (July 1, 2016) Received Comments: Yes
RIN: 1290-AA31 Described Economic Effects: Yes
Agency: Department of Labor
Rule Title: Medicare Program; Conditions for Coverage for End- Reasons Cited: Good Cause
Stage Renal Disease Facilities—Third Party Payment COVID-Related: No
Federal Register Cite: 81 Fed. Reg. 90211 (Dec. 14, 2016) Received Comments: Yes
RIN: 0938-AT11 Described Economic Effects: Yes
Agency: Department of Health and Human Services
Rule Title: Pipeline Safety: Safety of Underground Natural Gas Reasons Cited: Good Cause
Storage Facilities COVID-Related: No
Federal Register Cite: 81 Fed. Reg. 91860 (Dec. 19, 2016) Received Comments: Yes
RIN: 2137-AF22 Described Economic Effects: Yes
Agency: Department of Transportation
Rule Title: Food Labeling; Nutrition Labeling of Standard Menu Items Reasons Cited: Good Cause; APA Categorical Exception
in Restaurants and Similar Retail Food Establishments; Extension of COVID-Related: No
Compliance Date; Request for Comments
Received Comments: Yes
Federal Register Cite: 82 Fed. Reg. 20825 (May 4, 2017)
Described Economic Effects: Yes
RIN: 0910-ZA48
Agency: Department of Health and Human Services
Rule Title: Reimbursement for Emergency Treatment Reasons Cited: Good Cause
Federal Register Cite: 83 Fed. Reg. 974 (Jan. 9, 2018) COVID-Related: No
RIN: 2900-AQ08 Received Comments: Yes
Agency: Department of Veterans Affairs Described Economic Effects: Yes
Rule Title: Medicare Program; Durable Medical Equipment Fee Reasons Cited: Good Cause
Schedule Adjustments to Resume the Transitional 50/50 Blended COVID-Related: No
Rates to Provide Relief in Rural Areas and Non-Contiguous Areas
Received Comments: Yes
Federal Register Cite: 83 Fed. Reg. 21912 (May 11, 2018)
Described Economic Effects: Yes
RIN: 0938-AT21
Agency: Department of Health and Human Services

Page 36 GAO-26-108208 Federal Rulemaking
Appendix II: List of Major Interim Final and
Direct Final Rules Reviewed and Key
Characteristics

Rule Attributes Summary of Key Characteristics
Rule Title: Air Cargo Advance Screening (ACAS) Reasons Cited: Good Cause
Federal Register Cite: 83 Fed. Reg. 27380 (June 12, 2018) COVID-Related: No
RIN: 1651-AB04 Received Comments: Yes
Agency: Department of Homeland Security Described Economic Effects: Yes
Rule Title: Loan Guaranty: Revisions to VA-Guaranteed or Insured Reasons Cited: Non-APA Statute
Cash-Out Home Refinance Loans COVID-Related: No
Federal Register Cite: 83 Fed. Reg. 64459 (Dec. 17, 2018) Received Comments: Yes
RIN: 2900-AQ42 Described Economic Effects: Yes
Agency: Department of Veterans Affairs
Rule Title: Establishment of a Domestic Hemp Production Program Reasons Cited: Good Cause
Federal Register Cite: 84 Fed. Reg. 58522 (Oct. 31, 2019) COVID-Related: No
RIN: 0581-AD82a Received Comments: Yes
Agency: Department of Agriculture Described Economic Effects: Yes
Rule Title: Conservation Stewardship Program (CSP) Interim Rule Reasons Cited: APA Categorical Exception; Non-APA Statute
Federal Register Cite: 84 Fed. Reg. 60883 (Nov. 12, 2019) COVID-Related: No
RIN: 0578-AA67 Received Comments: Yes
Agency: Department of Agriculture Described Economic Effects: Yes
Rule Title: Total and Permanent Disability Discharge of Loans Under Reasons Cited: Good Cause
Title IV of the Higher Education Act COVID-Related: No
Federal Register Cite: 84 Fed. Reg. 65000 (Nov. 26, 2019) Received Comments: Yes
RIN: 1840-AD48 Described Economic Effects: Yes
Agency: Department of Education
Rule Title: Conservation Reserve Program Reasons Cited: APA Categorical Exception; Non-APA Statute
Federal Register Cite: 84 Fed. Reg. 66813 (Dec. 6, 2019) COVID-Related: No
RIN: 0560-AI41 Received Comments: Yes
Agency: Department of Agriculture Described Economic Effects: Yes
Rule Title: Environmental Quality Incentives Program Reasons Cited: APA Categorical Exception; Non-APA Statute
Federal Register Cite: 84 Fed. Reg. 69272 (Dec. 17, 2019) COVID-Related: No
RIN: 0578-AA68 Received Comments: Yes
Agency: Department of Agriculture Described Economic Effects: Yes
Rule Title: Agricultural Conservation Easement Program Reasons Cited: APA Categorical Exception; Non-APA Statute
Federal Register Cite: 85 Fed. Reg. 558 (Jan. 6, 2020) COVID-Related: No
RIN: 0578-AA66 Received Comments: Yes
Agency: Department of Agriculture Described Economic Effects: Yes
Rule Title: Extension of Compliance Date for Entry-Level Driver Reasons Cited: Good Cause
Training COVID-Related: No
Federal Register Cite: 85 Fed. Reg. 6088 (Feb. 4, 2020) Received Comments: Yes
RIN: 2126-AC25 Described Economic Effects: Yes
Agency: Department of Transportation

Page 37 GAO-26-108208 Federal Rulemaking
Appendix II: List of Major Interim Final and
Direct Final Rules Reviewed and Key
Characteristics

Rule Attributes Summary of Key Characteristics
Rule Title: Regional Conservation Partnership Program Reasons Cited: APA Categorical Exception; Non-APA Statute
Federal Register Cite: 85 Fed. Reg. 8131 (Feb. 13, 2020) COVID-Related: No
RIN: 0578-AA70 Received Comments: Yes
Agency: Department of Agriculture Described Economic Effects: Yes
Rule Title: Rural Broadband Loans, Loan/Grant Combinations, and Reasons Cited: No Reason Provided
Loan Guarantees COVID-Related: No
Federal Register Cite: 85 Fed. Reg. 14393 (Mar. 12, 2020) Received Comments: Yes
RIN: 0572-AC46 Described Economic Effects: Yes
Agency: Department of Agriculture
Rule Title: Control of Communicable Diseases; Foreign Quarantine: Reasons Cited: Good Cause; APA Categorical Exception
Suspension of Introduction of Persons into United States from COVID-Related: Yes
Designated Foreign Countries or Places for Public Health Purposes
Received Comments: Yes
Federal Register Cite: 85 Fed. Reg. 16559 (Mar. 24, 2020)
Described Economic Effects: No
RIN: 0920-AA76
Agency: Department of Health and Human Services
Rule Title: Medicare and Medicaid Programs; Policy and Regulatory Reasons Cited: Good Cause
Revisions in Response to the COVID-19 Public Health Emergency COVID-Related: Yes
Federal Register Cite: 85 Fed. Reg. 19230 (Apr. 6, 2020) Received Comments: Yes
RIN: 0938-AU31 Described Economic Effects: Yes
Agency: Department of Health and Human Services
Rule Title: Business Loan Program Temporary Changes; Paycheck Reasons Cited: Non-APA Statute
Protection Program COVID-Related: Yes
Federal Register Cite: 85 Fed. Reg. 20811 (Apr. 15, 2020) Received Comments: Yes
RIN: 3245-AH34 Described Economic Effects: No
Agency: Small Business Administration
Rule Title: Business Loan Program Temporary Changes; Paycheck Reasons Cited: Non-APA Statute
Protection Program COVID-Related: Yes
Federal Register Cite: 85 Fed. Reg. 20817 (Apr. 15, 2020) Received Comments: Yes
RIN: 3245-AH35 Described Economic Effects: No
Agency: Small Business Administration
Rule Title: Business Loan Program Temporary Changes; Paycheck Reasons Cited: Non-APA Statute
Protection Program – Additional Eligibility Criteria and Requirements COVID-Related: Yes
for Certain Pledges of Loans
Received Comments: Yes
Federal Register Cite: 85 Fed. Reg. 21747 (Apr. 20, 2020)
Described Economic Effects: No
RIN: 3245-AH36
Agency: Small Business Administration
Rule Title: Business Loan Program Temporary Changes; Paycheck Reasons Cited: Non-APA Statute
Protection Program–Requirements–Promissory Notes, COVID-Related: Yes
Authorizations, Affiliation, and Eligibility
Received Comments: Yes
Federal Register Cite: 85 Fed. Reg. 23450 (Apr. 28, 2020)
Described Economic Effects: No
RIN: 3245-AH37
Agency: Small Business Administration

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Appendix II: List of Major Interim Final and
Direct Final Rules Reviewed and Key
Characteristics

Rule Attributes Summary of Key Characteristics
Rule Title: Small Business Administration Business Loan Program Reasons Cited: Good Cause
Temporary Changes; Paycheck Protection Program – Additional COVID-Related: Yes
Criterion for Seasonal Employers
Received Comments: Yes
Federal Register Cite: 85 Fed. Reg. 23917 (Apr. 30, 2020)
Described Economic Effects: No
RIN: 1505-AC67
Agency: Department of the Treasury
Rule Title: Business Loan Program Temporary Changes; Paycheck Reasons Cited: Non-APA Statute
Protection Program–Requirements–Disbursements COVID-Related: Yes
Federal Register Cite: 85 Fed. Reg. 26321 (May 4, 2020) Received Comments: Yes
RIN: 3245-AH38 Described Economic Effects: No
Agency: Small Business Administration
Rule Title: Business Loan Program Temporary Changes; Paycheck Reasons Cited: Non-APA Statute
Protection Program–Requirements–Corporate Groups and Non- COVID-Related: Yes
Bank and Non-Insured Depository Institution Lenders
Received Comments: Yes
Federal Register Cite: 85 Fed. Reg. 26324 (May 4, 2020)
Described Economic Effects: No
RIN: 3245-AH39
Agency: Small Business Administration
Rule Title: Business Loan Program Temporary Changes; Paycheck Reasons Cited: Good Cause; Non-APA Statute
Protection Program – Nondiscrimination and Additional Eligibility COVID-Related: Yes
Criteria
Received Comments: Yes
Federal Register Cite: 85 Fed. Reg. 27287 (May 8, 2020)
Described Economic Effects: No
RIN: 3245-AH40
Agency: Small Business Administration
Rule Title: Medicare and Medicaid Programs, Basic Health Program, Reasons Cited: Good Cause
and Exchanges; Additional Policy and Regulatory Revisions in COVID-Related: Yes
Response to the COVID-19 Public Health Emergency and Delay of
Certain Reporting Requirements for the Skilled Nursing Facility Received Comments: Yes
Quality Reporting Program Described Economic Effects: Yes
Federal Register Cite: 85 Fed. Reg. 27550 (May 8, 2020)
RIN: 0938-AU32
Agency: Department of Health and Human Services
Rule Title: Emergency Management Priorities and Allocations Reasons Cited: Good Cause
System (EMPAS) COVID-Related: Yes
Federal Register Cite: 85 Fed. Reg. 28500 (May 13, 2020) Received Comments: Yes
RIN: 1660-AB04 Described Economic Effects: No
Agency: Department of Homeland Security
Rule Title: Business Loan Program Temporary Changes; Paycheck Reasons Cited: Good Cause; Non-APA Statute
Protection Program – Loan Increases COVID-Related: Yes
Federal Register Cite: 85 Fed. Reg. 29842 (May 19, 2020) Received Comments: Yes
RIN: 3245-AH42 Described Economic Effects: No
Agency: Small Business Administration

Page 39 GAO-26-108208 Federal Rulemaking
Appendix II: List of Major Interim Final and
Direct Final Rules Reviewed and Key
Characteristics

Rule Attributes Summary of Key Characteristics
Rule Title: Business Loan Program Temporary Changes; Paycheck Reasons Cited: Good Cause; Non-APA Statute
Protection Program–Requirements –Extension of Limited Safe COVID-Related: Yes
Harbor with Respect to Certification Concerning Need for PPP Loan
Request Received Comments: Yes
Federal Register Cite: 85 Fed. Reg. 29845 (May 19, 2020) Described Economic Effects: No
RIN: 3245-AH41
Agency: Small Business Administration
Rule Title: Business Loan Program Temporary Changes; Paycheck Reasons Cited: Non-APA Statute
Protection Program – Eligibility of Certain Electric Cooperatives COVID-Related: Yes
Federal Register Cite: 85 Fed. Reg. 29847 (May 19, 2020) Received Comments: Yes
RIN: 3245-AH43 Described Economic Effects: No
Agency: Small Business Administration
Rule Title: Business Loan Program Temporary Changes; Paycheck Reasons Cited: Non-APA Statute
Protection Program – Treatment of Entities with Foreign Affiliates COVID-Related: Yes
Federal Register Cite: 85 Fed. Reg. 30835 (May 21, 2020) Received Comments: Yes
RIN: 3245-AH44 Described Economic Effects: No
Agency: Small Business Administration
Rule Title: Guaranteed Loanmaking and Serving Regulations Reasons Cited: Good Cause
Federal Register Cite: 85 Fed. Reg. 31035 (May 22, 2020) COVID-Related: Yes
RIN: 0570-AB07 Received Comments: Yes
Agency: Department of Agriculture Described Economic Effects: No
Rule Title: Business Loan Program Temporary Changes; Paycheck Reasons Cited: Good Cause; Non-APA Statute
Protection Program – Second Extension of Limited Safe Harbor with COVID-Related: Yes
Respect to Certification Concerning Need for PPP Loan and Lender
Reporting Received Comments: Yes
Federal Register Cite: 85 Fed. Reg. 31357 (May 26, 2020) Described Economic Effects: No
RIN: 3245-AH45
Agency: Small Business Administration
Rule Title: Business Loan Program Temporary Changes; Paycheck Reasons Cited: Good Cause; Non-APA Statute
Protection Program –Requirements – Loan Forgiveness COVID-Related: Yes
Federal Register Cite: 85 Fed. Reg. 33004 (June 1, 2020) Received Comments: Yes
RINs: 3245-AH46; 1505-AC69 Described Economic Effects: No
Agency: Small Business Administration; Department of the Treasury
Rule Title: Business Loan Program Temporary Changes; Paycheck Reasons Cited: Good Cause; Non-APA Statute
Protection Program – SBA Loan Review Procedures and Related COVID-Related: Yes
Borrower and Lender Responsibilities
Received Comments: Yes
Federal Register Cite: 85 Fed. Reg. 33010 (June 1, 2020)
Described Economic Effects: No
RIN: 3245-AH47
Agency: Small Business Administration

Page 40 GAO-26-108208 Federal Rulemaking
Appendix II: List of Major Interim Final and
Direct Final Rules Reviewed and Key
Characteristics

Rule Attributes Summary of Key Characteristics
Rule Title: Business Loan Program Temporary Changes; Paycheck Reasons Cited: Non-APA Statute
Protection Program – Eligibility of Certain Telephone Cooperatives COVID-Related: Yes
Federal Register Cite: 85 Fed. Reg. 35550 (June 11, 2020) Received Comments: Yes
RIN: 3245-AH48 Described Economic Effects: No
Agency: Small Business Administration
Rule Title: Business Loan Program Temporary Changes; Paycheck Reasons Cited: Good Cause; Non-APA Statute
Protection Program – Revisions to First Interim Final Rule COVID-Related: Yes
Federal Register Cite: 85 Fed. Reg. 36308 (June 16, 2020) Received Comments: Yes
RIN: 3245-AH49 Described Economic Effects: No
Agency: Small Business Administration
Rule Title: Eligibility of Students at Institutions of Higher Education Reasons Cited: Good Cause
for Funds Under the Coronavirus Aid, Relief, and Economic Security COVID-Related: Yes
(CARES) Act
Received Comments: Yes
Federal Register Cite: 85 Fed. Reg. 36494 (June 17, 2020)
Described Economic Effects: Yes
RIN: 1840-ZA04
Agency: Department of Education
Rule Title: Business Loan Program Temporary Changes; Paycheck Reasons Cited: Good Cause; Non-APA Statute
Protection Program – Additional Revisions to First Interim Final Rule COVID-Related: Yes
Federal Register Cite: 85 Fed. Reg. 36717 (June 18, 2020) Received Comments: No
RIN: 3245-AH50 Described Economic Effects: No
Agency: Small Business Administration
Rule Title: Business Loan Program Temporary Changes; Paycheck Reasons Cited: Good Cause; Non-APA Statute
Protection Program – Revisions to the Third and Sixth Interim Final COVID-Related: Yes
Rules
Received Comments: No
Federal Register Cite: 85 Fed. Reg. 36997 (June 19, 2020)
Described Economic Effects: No
RIN: 3245-AH51
Agency: Small Business Administration
Rule Title: Business Loan Program Temporary Changes; Paycheck Reasons Cited: Good Cause; Non-APA Statute
Protection Program – Additional Eligibility Revisions to First Interim COVID-Related: Yes
Final Rule
Received Comments: Yes
Federal Register Cite: 85 Fed. Reg. 38301 (June 26, 2020)
Described Economic Effects: No
RIN: 3245-AH53
Agency: Small Business Administration
Rule Title: Business Loan Program Temporary Changes; Paycheck Reasons Cited: Good Cause; Non-APA Statute
Protection Program – Revisions to Loan Forgiveness and Loan COVID-Related: Yes
Review Procedures Interim Final Rules
Received Comments: Yes
Federal Register Cite: 85 Fed. Reg. 38304 (June 26, 2020)
Described Economic Effects: No
RIN: 3245-AH52; 1505-AC70
Agency: Small Business Administration; Department of the Treasury

Page 41 GAO-26-108208 Federal Rulemaking
Appendix II: List of Major Interim Final and
Direct Final Rules Reviewed and Key
Characteristics

Rule Attributes Summary of Key Characteristics
Rule Title: Business Loan Program Temporary Changes; Paycheck Reasons Cited: Good Cause; Non-APA Statute
Protection Program – Certain Eligible Payroll Costs COVID-Related: Yes
Federal Register Cite: 85 Fed. Reg. 39066 (June 30, 2020) Received Comments: No
RIN: 3245-AH54 Described Economic Effects: No
Agency: Small Business Administration
Rule Title: CARES Act Programs; Equitable Services to Students Reasons Cited: Good Cause
and Teachers in Non-Public Schools COVID-Related: Yes
Federal Register Cite: 85 Fed. Reg. 39479 (July 1, 2020) Received Comments: Yes
RIN: 1810-AB59 Described Economic Effects: Yes
Agency: Department of Education
Rule Title: High-Wage Components of the Labor Value Content Reasons Cited: Good Cause; APA Categorical Exception
Requirements Under the United States-Mexico-Canada Agreement COVID-Related: No
Implementation Act
Received Comments: Yes
Federal Register Cite: 85 Fed. Reg. 39782 (July 1, 2020)
Described Economic Effects: Yes
RIN: 1235-AA36
Agency: Department of Labor
Rule Title: Business Loan Program Temporary Changes; Paycheck Reasons Cited: Good Cause; Non-APA Statute
Protection Program – Treatment of Owners and Forgiveness of COVID-Related: Yes
Certain Nonpayroll Costs
Received Comments: Yes
Federal Register Cite: 85 Fed. Reg. 52881 (Aug. 27, 2020)
Described Economic Effects: No
RIN: 3245-AH56
Agency: Small Business Administration
Rule Title: Appeals of SBA Loan Review Decisions Under the Reasons Cited: Good Cause; Non-APA Statute
Paycheck Protection Program COVID-Related: Yes
Federal Register Cite: 85 Fed. Reg. 52883 (Aug. 27, 2020) Received Comments: Yes
RIN: 3245-AH55 Described Economic Effects: No
Agency: Small Business Administration
Rule Title: Medicare and Medicaid Programs, Clinical Laboratory Reasons Cited: Good Cause
Improvement Amendments (CLIA), and Patient Protection and COVID-Related: Yes
Affordable Care Act; Additional Policy and Regulatory Revisions in
Response to the COVID-19 Public Health Emergency Received Comments: Yes
Federal Register Cite: 85 Fed. Reg. 54820 (Sept. 2, 2020) Described Economic Effects: Yes
RIN: 0938-AU33
Agency: Department of Health and Human Services
Rule Title: Pension Benefit Statements-Lifetime Income Illustrations Reasons Cited: Good Cause; Non-APA Statute
Federal Register Cite: 85 Fed. Reg. 59132 (Sept. 18, 2020) COVID-Related: No
RIN: 1210-AB20 Received Comments: Yes
Agency: Department of Labor Described Economic Effects: Yes
Rule Title: Strengthening Wage Protections for the Temporary and Reasons Cited: Good Cause
Permanent Employment of Certain Aliens in the United States COVID-Related: Yes
Federal Register Cite: 85 Fed. Reg. 63872 (Oct. 8, 2020) Received Comments: Yes
RIN: 1205-AC00 Described Economic Effects: Yes
Agency: Department of Labor

Page 42 GAO-26-108208 Federal Rulemaking
Appendix II: List of Major Interim Final and
Direct Final Rules Reviewed and Key
Characteristics

Rule Attributes Summary of Key Characteristics
Rule Title: Strengthening the H-1B Nonimmigrant Visa Classification Reasons Cited: Good Cause
Program COVID-Related: Yes
Federal Register Cite: 85 Fed. Reg. 63918 (Oct. 8, 2020) Received Comments: Yes
RIN: 1615-AC13 Described Economic Effects: Yes
Agency: Department of Homeland Security
Rule Title: Business Loan Program Temporary Changes; Paycheck Reasons Cited: Good Cause; Non-APA Statute
Protection Program – Additional Revisions to Loan Forgiveness and COVID-Related: Yes
Loan Review Procedures Interim Final Rules
Received Comments: Yes
Federal Register Cite: 85 Fed. Reg. 66214 (Oct. 19, 2020)
Described Economic Effects: No
RINs: 3245-AH59; 1505-AC71
Agency: Small Business Administration; Department of the Treasury
Rule Title: Implementation of the Substance Use-Disorder Reasons Cited: Good Cause
Prevention That Promotes Opioid Recovery and Treatment for COVID-Related: No
Patients and Communities Act of 2018: Dispensing and
Administering Controlled Substances for Medication-Assisted Received Comments: Yes
Treatment Described Economic Effects: Yes
Federal Register Cite: 85 Fed. Reg. 69153 (Nov. 2, 2020)
RIN: 1117-AB55
Agency: Department of Justice
Rule Title: Information Blocking and the ONC Health IT Certification Reasons Cited: Good Cause
Program: Extension of Compliance Dates and Timeframes in COVID-Related: Yes
Response to the COVID-19 Public Health Emergency
Received Comments: Yes
Federal Register Cite: 85 Fed. Reg. 70064 (Nov. 4, 2020)
Described Economic Effects: Yes
RIN: 0955-AA02
Agency: Department of Health and Human Services
Rule Title: Additional Policy and Regulatory Revisions in Response Reasons Cited: Good Cause
to the COVID-19 Public Health Emergency COVID-Related: Yes
Federal Register Cite: 85 Fed. Reg. 71142 (Nov. 6, 2020) Received Comments: Yes
RINs: 0938-AU35; 1210-AB96; 1545-BP97 Described Economic Effects: Yes
Agency: Department of Health and Human Services; Department of
Labor; Department of the Treasury
Rule Title: Most Favored Nation (MFN) Model Reasons Cited: Good Cause
Federal Register Cite: 85 Fed. Reg. 76180 (Nov. 27, 2020) COVID-Related: Yes
RIN: 0938-AT91 Received Comments: Yes
Agency: Department of Health and Human Services Described Economic Effects: Yes
Rule Title: Civil Penalties Reasons Cited: Good Cause; Non-APA Statute
Federal Register Cite: 86 Fed. Reg. 3016 (Jan. 14, 2021) COVID-Related: Yes
RIN: 2127-AM32 Received Comments: Yes
Agency: Department of Transportation Described Economic Effects: No

Page 43 GAO-26-108208 Federal Rulemaking
Appendix II: List of Major Interim Final and
Direct Final Rules Reviewed and Key
Characteristics

Rule Attributes Summary of Key Characteristics
Rule Title: Business Loan Program Temporary Changes; Paycheck Reasons Cited: Non-APA Statute
Protection Program as Amended by Economic Aid Act COVID-Related: Yes
Federal Register Cite: 86 Fed. Reg. 3692 (Jan. 14, 2021) Received Comments: Yes
RINs: 3245-AH62; 1505-AC74 Described Economic Effects: No
Agency: Small Business Administration; Department of the Treasury
Rule Title: Business Loan Program Temporary Changes; Paycheck Reasons Cited: Non-APA Statute
Protection Program Second Draw Loans COVID-Related: Yes
Federal Register Cite: 86 Fed. Reg. 3712 (Jan. 14, 2021) Received Comments: Yes
RIN: 3245-AH63 Described Economic Effects: No
Agency: Small Business Administration
Rule Title: Business Loan Program Temporary Changes; Paycheck Reasons Cited: Non-APA Statute
Protection Program – Loan Forgiveness Requirements and Loan COVID-Related: Yes
Review Procedures as Amended by Economic Aid Act
Received Comments: Yes
Federal Register Cite: 86 Fed. Reg. 8283 (Feb. 5, 2021)
Described Economic Effects: No
RINs: 3245-AH65; 1505-AC75
Agency: Small Business Administration; Department of the Treasury
Rule Title: Business Loan Program Temporary Changes; Paycheck Reasons Cited: Non-APA Statute
Protection Program – Revisions to Loan Amount Calculation and COVID-Related: Yes
Eligibility
Received Comments: Yes
Federal Register Cite: 86 Fed. Reg. 13149 (Mar. 8, 2021)
Described Economic Effects: No
RIN: 3245-AH67
Agency: Small Business Administration
Rule Title: Emergency Capital Investment Program – Restrictions on Reasons Cited: Good Cause; Non-APA Statute
Executive Compensation, Share Buybacks, and Dividends COVID-Related: Yes
Federal Register Cite: 86 Fed. Reg. 13449 (Mar. 9, 2021) Received Comments: No
RIN: 1505-AC76 Described Economic Effects: No
Agency: Department of the Treasury
Rule Title: Mandatory Advance Electronic Information for Reasons Cited: Good Cause
International Mail Shipments COVID-Related: Yes
Federal Register Cite: 86 Fed. Reg. 14245 (Mar. 15, 2021) Received Comments: Yes
RIN: 1651-AB33 Described Economic Effects: Yes
Agency: Department of Homeland Security
Rule Title: Business Loan Program Temporary Changes; Paycheck Reasons Cited: Non-APA Statute
Protection Program as Amended by American Rescue Plan Act COVID-Related: Yes
Federal Register Cite: 86 Fed. Reg. 15083 (Mar. 22, 2021) Received Comments: Yes
RIN: 3245-AH77 Described Economic Effects: No
Agency: Small Business Administration

Page 44 GAO-26-108208 Federal Rulemaking
Appendix II: List of Major Interim Final and
Direct Final Rules Reviewed and Key
Characteristics

Rule Attributes Summary of Key Characteristics
Rule Title: Medicare and Medicaid Programs; COVID–19 Vaccine Reasons Cited: Good Cause
Requirements for Long-Term Care (LTC) Facilities and Intermediate COVID-Related: Yes
Care Facilities for Individuals With Intellectual Disabilities (ICFs–IID)
Residents, Clients, and Staff Received Comments: Yes
Federal Register Cite: 86 Fed. Reg. 26306 (May 13, 2021) Described Economic Effects: Yes
RIN: 0938-AU57
Agency: Department of Health and Human Services
Rule Title: Coronavirus State and Local Fiscal Recovery Funds Reasons Cited: Good Cause; APA Categorical Exception
Federal Register Cite: 86 Fed. Reg. 26786 (May 17, 2021) COVID-Related: Yes
RIN: 1505-AC77 Received Comments: Yes
Agency: Department of the Treasury Described Economic Effects: Yes
Rule Title: Fisheries of the Northeastern United States; Framework Reasons Cited: Good Cause
Adjustment 33 to the Atlantic Sea Scallop Fishery Management Plan COVID-Related: No
Federal Register Cite: 86 Fed. Reg. 27042 (May 19, 2021) Received Comments: No
RIN: 0648-BK51 Described Economic Effects: Yes
Agency: Department of Commerce
Rule Title: Occupational Exposure to COVID–19; Emergency Reasons Cited: Good Cause; Non-APA Statute
Temporary Standard COVID-Related: Yes
Federal Register Cite: 86 Fed. Reg. 32376 (June 21, 2021) Received Comments: Yes
RIN: 1218-AD36 Described Economic Effects: Yes
Agency: Department of Labor
Rule Title: Special Financial Assistance by PBGC Reasons Cited: Good Cause
Federal Register Cite: 86 Fed. Reg. 36598 (July 12, 2021) COVID-Related: No
RIN: 1212-AB53 Received Comments: Yes
Agency: Pension Benefit Guaranty Corporation Described Economic Effects: Yes
Rule Title: Requirements Related to Surprise Billing; Part I Reasons Cited: Good Cause
Federal Register Cite: 86 Fed. Reg. 36872 (July 13, 2021) COVID-Related: No
RINs: 0938-AU63; 1210-AB99; 1545-BQ04; 3206-AO30 Received Comments: Yes
Agency: Department of Health and Human Services; Department of Described Economic Effects: Yes
Labor; Department of the Treasury; Office of Personnel
Management
Rule Title: Business Loan Program Temporary Changes; Paycheck Reasons Cited: Good Cause; Non-APA Statute
Protection Program – COVID Revenue Reduction Score, Direct COVID-Related: Yes
Borrower Forgiveness Process, and Appeals Deferment
Received Comments: Yes
Federal Register Cite: 86 Fed. Reg. 40921 (July 30, 2021)
Described Economic Effects: No
RIN: 3245-AH79
Agency: Small Business Administration
Rule Title: Presumptive Service Connection for Respiratory Reasons Cited: Good Cause
Conditions Due to Exposure to Particulate Matter COVID-Related: No
Federal Register Cite: 86 Fed. Reg. 42724 (Aug. 5, 2021) Received Comments: Yes
RIN: 2900-AR25 Described Economic Effects: Yes
Agency: Department of Veterans Affairs

Page 45 GAO-26-108208 Federal Rulemaking
Appendix II: List of Major Interim Final and
Direct Final Rules Reviewed and Key
Characteristics

Rule Attributes Summary of Key Characteristics
Rule Title: Access to Federal Employees Health Benefits (FEHB) for Reasons Cited: Good Cause
Employees of Certain Tribally Controlled Schools COVID-Related: No
Federal Register Cite: 86 Fed. Reg. 49461 (Sept. 3, 2021) Received Comments: Yes
RIN: 3206-AO18 Described Economic Effects: No
Agency: Office of Personnel Management
Rule Title: Disaster Loan Program Changes Reasons Cited: Good Cause
Federal Register Cite: 86 Fed. Reg. 50214 (Sept. 8, 2021) COVID-Related: Yes
RIN: 3245-AH80 Received Comments: Yes
Agency: Small Business Administration Described Economic Effects: No
Rule Title: Requirements Related to Surprise Billing, Part II Reasons Cited: Good Cause; Non-APA Statute
Federal Register Cite: 86 Fed. Reg. 55980 (Oct. 7, 2021) COVID-Related: No
RINs: 1210-AC00; 0938-AU62; 1545-BQ05; 3206-AO29 Received Comments: Yes
Agency: Department of Labor; Department of Health and Human Described Economic Effects: Yes
Services; Department of the Treasury; Office of Personnel
Management
Rule Title: COVID-19 Vaccination and Testing; Emergency Reasons Cited: Good Cause; Non-APA Statute
Temporary Standard COVID-Related: Yes
Federal Register Cite: 86 Fed. Reg. 61402 (Nov. 5, 2021) Received Comments: Yes
RIN: 1218-AD42 Described Economic Effects: Yes
Agency: Department of Labor
Rule Title: Medicare and Medicaid Programs; Omnibus COVID-19 Reasons Cited: Good Cause
Health Care Staff Vaccination COVID-Related: Yes
Federal Register Cite: 86 Fed. Reg. 61555 (Nov. 5, 2021) Received Comments: Yes
RIN: 0938-AU75 Described Economic Effects: Yes
Agency: Department of Health and Human Services
Rule Title: Supportive Services for Veterans Families Reasons Cited: Good Cause
Federal Register Cite: 86 Fed. Reg. 62482 (Nov. 10, 2021) COVID-Related: No
RIN: 2900-AR15 Received Comments: Yes
Agency: Department of Veterans Affairs Described Economic Effects: Yes
Rule Title: Prescription Drug and Health Care Spending Reasons Cited: Good Cause; Non-APA Statute
Federal Register Cite: 86 Fed. Reg. 66662 (Nov. 23, 2021) COVID-Related: No
RINs: 0938-AU66; 1210-AC07; 1545-BQ10; 3206-AO27 Received Comments: Yes
Agency: Department of Health and Human Services; Department of Described Economic Effects: Yes
Labor; Department of the Treasury; Office of Personnel
Management
Rule Title: Vaccine and Mask Requirements To Mitigate the Spread Reasons Cited: Good Cause, Non-APA Statute
of COVID-19 in Head Start Programs COVID-Related: Yes
Federal Register Cite: 86 Fed. Reg. 68052 (Nov. 30, 2021) Received Comments: Yes
RINs: 0970-AC90 Described Economic Effects: Yes
Agency: Department of Health and Human Services

Page 46 GAO-26-108208 Federal Rulemaking
Appendix II: List of Major Interim Final and
Direct Final Rules Reviewed and Key
Characteristics

Rule Attributes Summary of Key Characteristics
Rule Title: Supplemental Nutrition Assistance Program: Requirement Reasons Cited: Non-APA Statute
for Interstate Data Matching To Prevent Duplicate Issuances COVID-Related: No
Federal Register Cite: 87 Fed. Reg. 59633 (Oct. 3, 2022) Received Comments: Yes
RIN: 0584-AE75 Described Economic Effects: Yes
Agency: Department of Agriculture
Rule Title: Hermit’s Peak/Calf Canyon Fire Assistance Reasons Cited: Good Cause; Non-APA Statute
Federal Register Cite: 87 Fed. Reg. 68085 (Nov. 14, 2022) COVID-Related: No
RIN: 1660-AB14 Received Comments: Yes
Agency: Department of Homeland Security Described Economic Effects: No
Rule Title: Postal Service Reform Act; Establishment of the Postal Reasons Cited: Good Cause
Service Health Benefits Program COVID-Related: No
Federal Register Cite: 88 Fed. Reg. 20383 (Apr. 6, 2023) Received Comments: Yes
RIN: 3206-AO43 Described Economic Effects: Yes
Agency: Office of Personnel Management
Rule Title: Loan Guarantees for Clean Energy Projects Reasons Cited: Good Cause; APA Categorical Exception
Federal Register Cite: 88 Fed. Reg. 34419 (May 30, 2023) COVID-Related: No
RIN: 1901-AB59 Received Comments: Yes
Agency: Department of Energy Described Economic Effects: No
Rule Title: Coronavirus State and Local Fiscal Recovery Funds Reasons Cited: Good Cause; APA Categorical Exception
Federal Register Cite: 88 Fed. Reg. 64986 (Sept. 20, 2023) COVID-Related: Yes
RIN: 1505-AC81 Received Comments: Yes
Agency: Department of the Treasury Described Economic Effects: Yes
Rule Title: Establishing the Summer EBT Program and Rural Non- Reasons Cited: Non-APA Statute
Congregate Option in the Summer Meal Programs COVID-Related: No
Federal Register Cite: 88 Fed. Reg. 90230 (Dec. 29, 2023) Received Comments: Yes
RIN: 0584-AE96 Described Economic Effects: Yes
Agency: Department of Agriculture
Rule Title: Individual Assistance Program Equity Reasons Cited: APA Categorical Exception
Federal Register Cite: 89 Fed. Reg. 3990 (Jan. 22, 2024) COVID-Related: No
RIN: 1660-AB07 Received Comments: Yes
Agency: Department of Homeland Security Described Economic Effects: Yes
Rule Title: Federal “Good Neighbor Plan’’ for the 2015 Ozone Reasons Cited: Good Cause
National Ambient Air Quality Standards; Response to Judicial Stay COVID-Related: No
Federal Register Cite: 89 Fed. Reg. 87960 (Nov. 6, 2024) Received Comments: No
RIN: 2060-AW30 Described Economic Effects: Yes
Agency: Environmental Protection Agency
Rule Title: Presumptive Service Connection for Bladder, Ureter, and Reasons Cited: Good Cause
Related Genitourinary Cancers Due to Exposure to Fine Particulate COVID-Related: No
Matter
Received Comments: Yes
Federal Register Cite: 90 Fed. Reg. 23 (Jan. 2, 2025)
Described Economic Effects: Yes
RIN: 2900-AS21
Agency: Department of Veterans Affairs

Page 47 GAO-26-108208 Federal Rulemaking
Appendix II: List of Major Interim Final and
Direct Final Rules Reviewed and Key
Characteristics

Rule Attributes Summary of Key Characteristics
Rule Title: Presumptive Service Connection for Leukemias, Multiple Reasons Cited: Good Cause
Myelomas, Myelodysplastic Syndromes, and Myelofibrosis Due to COVID-Related: No
Exposure to Fine Particulate Matter
Received Comments: Yes
Federal Register Cite: 90 Fed. Reg. 1894 (Jan. 10, 2025)
Described Economic Effects: Yes
RIN: 2900-AS27
Agency: Department of Veterans Affairs
Source: GAO analysis of major interim final rules (2013—2025). | GAO-26-108208

The RIN for this rule was not included in the published rule text. The team obtained the RIN from the
a

Office of Information and Regulatory Affairs dataset used to build the team’s population of rules.

The following table lists all 12 DFRs we reviewed. This table includes four
fields for each rule: (1) Rule Title, (2) Federal Register Cite, (3) RIN, and
(4) Agency. All four fields convey the same information as the ones in
table 3. DFRs listed here were all issued with concurrent notices of
proposed rulemaking and later confirmed as effective after the agency
received no adverse comments. Also, all the rules included information on
economic effects. 5

Table 4: Major Direct Final Rules Reviewed, Jan. 20, 2013—Jan. 20, 2025

Rule Attributes
Rule Title: Energy Conservation Program: Energy Conservation RIN: 1904-AC51
Standards for Miscellaneous Refrigeration Products Agency: Department of Energy
Federal Register Cite: 81 Fed. Reg. 75194 (Oct. 28, 2016)
Rule Title: Energy Conservation Program: Energy Conservation RIN: 1904-AD37
Standards for Residential Central Air Conditioners and Heat Pumps Agency: Department of Energy
Federal Register Cite: 82 Fed. Reg. 1786 (Jan. 6, 2017)
Rule Title: Energy Conservation Program: Energy Conservation RIN: 1904-AD52
Standards for Dedicated-Purpose Pool Pumps Agency: Department of Energy
Federal Register Cite: 82 Fed. Reg. 5650 (Jan. 18, 2017)
Rule Title: Energy Conservation Program: Energy Conservation RIN: 1904-AE63
Standards for Electric Motors Agency: Department of Energy
Federal Register Cite: 88 Fed. Reg. 36066 (June 1, 2023)
Rule Title: Revocation of Uses of Partially Hydrogenated Oils in Foods RIN: 0910-AI15
Federal Register Cite: 88 Fed. Reg. 53764 (Aug. 9, 2023) Agency: Department of Health and Human Services
Rule Title: Energy Conservation Program: Energy Conservation RIN: 1904-AF56
Standards for Refrigerators, Refrigerator-Freezers, and Freezers Agency: Department of Energy
Federal Register Cite: 89 Fed. Reg. 3026 (Jan. 17, 2024)

5We made this determination based on the same methodology used for identifying
whether major IFRs listed in table 3 included information on economic effects.

Page 48 GAO-26-108208 Federal Rulemaking
Appendix II: List of Major Interim Final and
Direct Final Rules Reviewed and Key
Characteristics

Rule Attributes
Rule Title: Energy Conservation Program: Energy Conservation RIN: 1904-AF57
Standards for Consumer Conventional Cooking Products Agency: Department of Energy
Federal Register Cite: 89 Fed. Reg. 11434 (Feb. 14, 2024)
Rule Title: Energy Conservation Program: Energy Conservation RIN: 1904-AF59
Standards for Consumer Clothes Dryers Agency: Department of Energy
Federal Register Cite: 89 Fed. Reg. 18164 (Mar. 12, 2024)
Rule Title: Energy Conservation Program: Energy Conservation RIN: 1904-AF58
Standards for Residential Clothes Washers Agency: Department of Energy
Federal Register Cite: 89 Fed. Reg. 19026 (Mar. 15, 2024)
Rule Title: Energy Conservation Program: Energy Conservation RIN: 1904-AF60
Standards for Dishwashers Agency: Department of Energy
Federal Register Cite: 89 Fed. Reg. 31398 (Apr. 24, 2024)
Rule Title: Energy Conservation Program: Energy Conservation RIN: 1904-AF62
Standards for Miscellaneous Refrigeration Products Agency: Department of Energy
Federal Register Cite: 89 Fed. Reg. 38762 (May 7, 2024)
Rule Title: Energy Conservation Program: Energy Conservation RIN: 1904-AF34
Standards for Air-Cooled Commercial Package Air Conditioners and Agency: Department of Energy
Heat Pumps
Federal Register Cite: 89 Fed. Reg. 44052 (May 20, 2024)
Source: GAO analysis of major direct final rules (2013—2025). | GAO-26-108208

Page 49 GAO-26-108208 Federal Rulemaking
Appendix III: GAO Contact and Staff
Appendix III: GAO Contact and Staff
Acknowledgments

Acknowledgments

Lisa Van Arsdale, vanarsdalel@gao.gov
GAO Contact
In addition to the contact named above, Danielle Novak (Assistant
Staff Director), Joseph Santiago (Analyst-in-Charge), Madeline Barch, Robert
Acknowledgements Gebhart, Yvonne D. Jones, Terence Lam, Sheila McCoy, Félix Muñiz Jr.,
Nathan Parmeter, Andrew J. Stephens, Alicia White, and Clarette Yen
made key contributions to this report.

Page 50 GAO-26-108208 Federal Rulemaking
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