GAO-26-108208 Highlights, Federal Rulemaking: Agencies Continue to Use Good Cause and Other Mechanisms to Forgo Public Comments (released 2026-09-04)
Summary
The highlights page of GAO-26-108208, Federal Rulemaking: Agencies Continue to Use Good Cause and Other Mechanisms to Forgo Public Comments, dated August 2026 and addressed to the Senate Homeland Security and Governmental Affairs Subcommittee on Border Management, Federal Workforce and Regulatory Affairs. GAO explains that agencies generally must issue a notice of proposed rulemaking and seek public comment, but may forgo it on a finding of good cause that the process would be impracticable, unnecessary or contrary to the public interest. It found agencies cited good cause for about 71 percent of the major interim final rules it reviewed from January 20, 2013 to January 20, 2025, consistent with its 2012 report; agencies publish over 2,000 final regulations a year.
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“GAO-26-108208 Highlights, Federal Rulemaking: Agencies Continue to Use Good Cause and Other Mechanisms to Forgo Public Comments (released 2026-09-04).”
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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
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