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THE RULEMAKING PROCESS 

Identify health or safety hazard 

Conduct research and gather data to determine 

scope of problem; identify and obtain 

information needed for health effects analysis, 

risk assessment, technological feasibility 

analysis, and economic analysis 

Meet with internal and external stakeholders 

Identify regulatory and nonregulatory 

approaches 

Prepare timeline, identify resources needed 

including need for advisory committees 

Prepare decision papers to obtain executive 

approval to proceed 

List Regulatory Action on Uniÿed 

Agenda/Regulatory Plan 

Establish public rulemaking docket 

Develop and publish RFI or ANPR if needed 

Obtain approval to publish 

Plan for public hearings 

Submit to Federal Register for publication 

Submit preliminary Information Collection 

Request to OMB 

Send the proposed rule to SBA 

Update and ÿnalize health effects analysis 

Update and ÿnalize risk assessment 

Update and ÿnalize technological feasibility 

analysis 

Update and ÿnalize economic and regulatory 

°exibility analysis 

Draft ÿnal regulatory text and preamble 

Complete Federalism and Unfunded Mandates 

analysis and make ÿnal determination of 

impact on State, local, and tribal governments 

Obtain all Agency and Departmental clearances 

Submit to OMB for review and clearance 

Prepare ÿnal information collection analysis 

Prepare rollout materials 

Develop and publish small entity compliance 

guide and other outreach and training 

materials, compliance directives, and letters of 

interpretation 

Respond to legal action 

Stage 1 

Making the Decision: 

Conducting Preliminary 

Rulemaking Activities 

12 to 36 months 

Stage 2 

Developing the 

Proposed Rule 

12 to 36 months 

Stage 3 

Publishing the 

Proposed Rule 

2 to 3 months 

Stage 4 

Developing and Analyzing 

the Rulemaking Record 

6 to 24 months 

Stage 5 

Developing the Final Rule 

18 to 36 months 

Stage 6 

Publishing the Final Rule 

2 to 3 months 

Stage 7 

Post-Promulgation 

Activities 

4 to 12 months 

Develop health effects analysis 

Conduct preliminary risk assessment 

Develop preliminary technological feasibility 

analysis 

Develop preliminary economic and regulatory 

°exibility analysis 

Draft proposed regulatory text and preamble 

Initiate Federalism and Unfunded Mandates 

analysis and make preliminary determination of 

impact on State, local, and tribal governments 

Prepare preliminary information collection 

analysis 

Continue discussion with stakeholders 

Consult with ACCSH if rule affects the 

construction industry 

Consult with MACOSH if rule affects maritime 

industry 

Conduct review process required by SBREFA 

Conduct peer reviews of health effects 

analysis, preliminary risk assessment, and 

preliminary economic analysis 

Obtain all Agency and Departmental clearances 

Submit to OMB for review and clearance 

Receive public comments; prepare for and hold 

public hearings; close the public record 

Review and analyze all written comments, 

exhibits, and testimony 

Prepare record summary and analysis 

Obtain approval to publish 

Submit to Federal Register for publication 

Submit Information Collection Request to OMB 

Send the ÿnal rule to SBA 

Submit the ÿnal rule and to Congress and GAO

 SOURCE OF REQUIREMENT: 

= Executive Order 

= Legal Requirements 

= Internal Procedures 

Acronym Deÿnition 

ACCSH Advisory Committee on Construction Safety and Health 

ANPR Advance Notice of Proposed Rulemaking 

GAO Government Accountability Ofÿce 

MACOSH Maritime Advisory Committee for Occupational Safety and Health 

OMB Ofÿce of Management and Budget 

RFI Request for Information 

SBA Small Business Administration 

SBREFA Small Business Regulatory Enforcement Fairness Act 

Directorate of Standards and Guidance | Revised: October 15, 2012.