GAO finds agencies relied on good cause for 71% of major interim final rules
The public's opportunity to comment was bypassed on most rules issued between Jan 20 2013 and Jan 20 2025
The Government Accountability Office reports that agencies cited good cause for about 71 percent of the major interim final rules they issued between Jan 20 2013 and Jan 20 2025. The finding covers 116 major interim final rules and 12 direct final rules reviewed by GAO.
Expedited rulemaking surged during the COVID-19 pandemic. Agencies issued 55 rules in 2020-2021 in response to the health emergency, and cited good cause for 41 of those rules.
Agencies requested public comments for 99 percent of the interim final rules GAO examined and received comments on 94 percent of them, an increase from the 63 percent comment-request rate reported in GAO's 2012 study. Economic effects were reported for 66 percent of the rules reviewed, though COVID-19-related rules were less likely to include such analysis.
GAO's review examined the rules' supporting documents, relevant statutes, executive orders and guidance on waiving notice-and-comment requirements, as well as agencies' use of regulatory flexibility during the pandemic. The agency was tasked with providing information on the frequency, reasons and trends for issuing final rules without a notice of proposed rulemaking.
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