A Government Accountability Office report released Jan. 24 found that federal agencies did not publish a notice of proposed rulemaking, a step that enables the public to comment on a proposed rule, for about 35 percent of major rules and about 44 percent of non-major rules issued from 2003 through 2010. A major rule is one having a significant economic impact, often of $100 million or more; a nonmajor rule has a smaller economic impact and may be more administrative in nature. GAO found that agencies, although not required to do so, often requested comments on major final rules issued without a notice of public rulemaking, but they did not always respond to the comments they received.
The GAO report, titled "Agencies Could Take Additional Steps to Respond to Public Comments," recommended that the Office of Management and Budget issue guidance encouraging agencies to respond to comments...
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