On January 20, 2021, the White House issued a memorandum to the heads of federal executive departments and agencies requesting a freeze on federal rulemaking activity (the Memorandum). The Memorandum directs agencies not to propose or issue any new rules without first obtaining approval from an agency head appointed or designated by President Biden.
Any rules that have been submitted to the Federal Register but not yet published should be withdrawn, consistent with Federal Register procedures, and should not be resubmitted without approval from an agency head appointed or designated by President Biden. For rules that have been issued but have not yet taken effect, the Memorandum directs agencies to consider postponing the effective dates for 60 days in order to review any “questions of fact, law, and policy” the rules may raise and to consider opening a new 30-day public comment period. If any pending rule raises substantial questions of fact, law, or policy, then the agency should “take further appropriate action” in consultation with the Director of the Office of Management and Budget (OMB). The Memorandum provides that the Director of OMB may allow exceptions to the regulatory freeze for certain emergency situations and urgent circumstances.
The White House Memorandum is available here.
