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THE RULEMAKING PROCESS

Identify health or safety hazard Stage 1 Develop health effects analysis

Making the Decision:


Conduct research and gather data to determine Conduct preliminary risk assessment
Conducting Preliminary
scope of problem; identify and obtain
Rulemaking Activities
information needed for health effects analysis, Develop preliminary technological feasibility
risk assessment, technological feasibility
12 to 36 months
analysis
analysis, and economic analysis

Develop preliminary economic and regulatory


Meet with internal and external stakeholders flexibility analysis

Identify regulatory and nonregulatory Draft proposed regulatory text and preamble
approaches

Stage 2 Initiate Federalism and Unfunded Mandates


Prepare timeline, identify resources needed analysis and make preliminary determination of
including need for advisory committees Developing the impact on State, local, and tribal governments
Proposed Rule
Prepare decision papers to obtain executive 12 to 36 months Prepare preliminary information collection
approval to proceed analysis

List Regulatory Action on Unified Continue discussion with stakeholders


Agenda/Regulatory Plan

Consult with ACCSH if rule affects the


Establish public rulemaking docket construction industry

Develop and publish RFI or ANPR if needed Stage 3


Consult with MACOSH if rule affects maritime
industry
Publishing the
Proposed Rule
Obtain approval to publish Conduct review process required by SBREFA
2 to 3 months
Plan for public hearings Conduct peer reviews of health effects
analysis, preliminary risk assessment, and
Submit to Federal Register for publication preliminary economic analysis

Submit preliminary Information Collection Obtain all Agency and Departmental clearances
Request to OMB
Stage 4 Submit to OMB for review and clearance
Send the proposed rule to SBA
Developing and Analyzing
the Rulemaking Record
6 to 24 months Receive public comments; prepare for and hold
Update and finalize health effects analysis public hearings; close the public record

Update and finalize risk assessment Review and analyze all written comments,
exhibits, and testimony
Update and finalize technological feasibility
analysis Prepare record summary and analysis

Update and finalize economic and regulatory Stage 5


flexibility analysis
Developing the Final Rule Obtain approval to publish

Draft final regulatory text and preamble 18 to 36 months Submit to Federal Register for publication

Complete Federalism and Unfunded Mandates


analysis and make final determination of Submit Information Collection Request to OMB
impact on State, local, and tribal governments
Send the final rule to SBA
Obtain all Agency and Departmental clearances
Submit the final rule and to Congress and GAO
Submit to OMB for review and clearance Stage 6
Publishing the Final Rule
Prepare final information collection analysis
2 to 3 months
Prepare rollout materials
SOURCE OF REQUIREMENT:
= Executive Order
Develop and publish small entity compliance
guide and other outreach and training = Legal Requirements
materials, compliance directives, and letters of = Internal Procedures
interpretation
Stage 7
Respond to legal action Post-Promulgation Acronym Definition
Activities ACCSH Advisory Committee on Construction Safety and Health
4 to 12 months ANPR Advance Notice of Proposed Rulemaking
GAO Government Accountability Office
MACOSH Maritime Advisory Committee for Occupational Safety and Health
OMB Office 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.