Federal regulations shape business operations every day—but many organizations lack a clear way to monitor what is coming next. This two-part article series introduces how conformity assessment bodies (CABs) can use the Federal Register to stay informed of regulatory changes and engage effectively in the rulemaking process.
Why does this matter? Simply put: if you are not at the table, you are likely on the menu. Regardless of size, every organization benefits from assigning responsibility for tracking legislative and regulatory activity relevant to its work.
Effective monitoring can:
- Raise your organization’s visibility
- Protect business interests
- Inform strategic planning
- Position your organization as an industry leader
- Strengthen community and stakeholder engagement
- Ensure your expertise and perspective help shape regulations
This first article provides a high-level overview of the Federal Register—its purpose, history, and the types of documents it contains. The second article will focus on how to track regulatory activity and submit effective public comments.
A Brief History
In the early years of the U.S. government, Executive Branch agencies and the Office of the President published regulations independently in various locations. This fragmented approach made it difficult for the public to determine where regulations were published, when they took effect, and whether they had been updated or revoked.
To address this, Congress passed the Federal Register Act in 1935, establishing a centralized system for publishing federal regulatory actions. The later passage of the Administrative Procedure Act (APA) in 1946 further improved transparency by requiring agencies to publish notices of proposed rulemaking.
Over time, additional requirements strengthened the process:
- 1973: Final rules were required to include a summary of their subject matter in the preamble
- 1977: Agencies were required to summarize and respond to public comments
Today, the preamble of a proposed or final rule provides critical insight into an agency’s reasoning. It serves as a key source of regulatory history and intent, often referenced by courts when evaluating agency decisions.
What Is the Federal Register?
The Federal Register (www.federalregister.gov) is the federal government’s official daily publication for executive branch documents. It provides transparency into government actions and serves as the primary way agencies communicate regulatory activity to the public.
The Federal Register publishes four main types of documents:
- Notices
- Proposed Rules
- Final Rules
- Presidential Documents
Types of Federal Register Documents
Notices
Notices are used to inform the public of actions, decisions, or opportunities for participation. They do not establish regulations but often provide important context or opportunities for engagement.
Examples include:
- Announcements of public meetings or hearings
- Grant and funding opportunities
- Permit, licensing, or application notices
For example, the Environmental Protection Agency (EPA) may publish a notice announcing a public hearing on proposed changes to lead-based paint standards. The notice would include details such as the date, location, and how to participate.
Proposed Rules
A proposed rule (also called a Notice of Proposed Rulemaking, or NPRM) is the mechanism agencies use to introduce potential regulatory changes. It invites public input before a rule is finalized.
At a high level, a proposed rule answers four key questions:
- What is being changed?
- Why is the change necessary?
- How will it work?
- What does the public think?
Proposed rules are especially important for CABs because they provide a direct opportunity to influence regulatory outcomes before decisions are final.
Final Rules
Final rules are the official, binding regulations that agencies adopt after reviewing public comments on proposed rules.
They are similar in structure to proposed rules but include key additions:
- A summary of public comments received
- The agency’s responses to those comments
- Any changes made from the proposed rule
- The rationale for final decisions
- An effective date
Once effective, these rules carry the force of law.
Presidential Documents
Presidential documents are official actions issued directly by the President and published in a separate section of the Federal Register. They often have significant policy or administrative impact.
Common types include:
- Executive Orders: Direct how federal agencies operate or implement laws
- Example: Executive Order 14413, “Ushering in the Next Frontier of Quantum Innovation”
(June 22, 2026)
- Example: Executive Order 14413, “Ushering in the Next Frontier of Quantum Innovation”
- Presidential Proclamations: Used for ceremonial purposes or substantive actions such as trade measures or national emergency declarations
- Presidential Memoranda: Direct agency actions, set administrative policies, or delegate authority
- Administrative Orders: Include determinations, delegations of authority, and similar actions
Additional presidential documents include reorganization plans, messages to Congress, and disaster or emergency declarations.
Looking Ahead
Understanding the structure and purpose of the Federal Register is the first step in making it a valuable business tool. For CABs, it offers a window into future regulatory changes—and a chance to shape them.
In our next article, we will explore:
- How to identify and track relevant proposed rules
- Tools and strategies for monitoring regulatory activity
- Practical tips for submitting effective public comments
Learn More
The official Federal Register website offers tutorials, videos, and search tools to help you explore and
track regulatory activity: https://www.federalregister.gov.