directfinal

Direct final rulemaking, or direct final, is a rulemaking method used primarily by United States federal agencies to expedite the publication and effectiveness of certain regulatory changes. In a direct final action, the agency issues a direct final rule that states it will become effective on a specified date unless adverse comments are received by a stated deadline. To preserve an opportunity for public input, the agency often publishes a parallel proposed rule at the same time.

If no adverse comments are submitted by the deadline, the direct final rule takes effect as stated, without further rulemaking. If adverse comments are received, the agency typically withdraws the direct final rule and proceeds with the standard notice-and-comment rulemaking for the accompanying proposed rule. Some agencies may limit withdrawal to substantive adverse comments; others may initiate both processes.

Direct final rulemaking is used for non-controversial or routine regulatory changes, especially when timely implementation is important or when the costs of delay are high. It is commonly employed in environmental, safety, and health-related regulatory actions, though its use is not limited to these areas. The method relies on a clear demonstration that the rule is not expected to generate significant opposition; the agency defines what constitutes an adverse comment.

Advantages include quicker finalization and reduced procedural burden when there are no objections, while disadvantages include potential reduced public participation, the risk that interested parties miss the adverse-comment window, and possible withdrawal that creates confusion or duplicative work.

See also: notice-and-comment rulemaking, Administrative Procedure Act, rulemaking.