Among the directives issued by President Trump on Monday was a regulatory freeze memo. The memo orders federal agencies to:
- Pause all rulemaking operations until a Trump appointee can give approval.
- Withdraw any rules that have been submitted to the Office of the Federal Register but not yet published and provide them for the same review.
- Postpone for 60 days the effective date of any rule that has been published but has not yet taken effect and provide them for the same review.
- Provide an additional comment period for the same rules mentioned above that receive approval.
Freeze memos are a standard practice for incoming administrations, dating back to President Reagan’s first term. The freeze allows the new administration time to review proposed rules under the previous administration and determine whether to continue them.
The freeze applies to proposed rules, final rules, guidance documents, and any other substantive action by an agency. Rules needed to address emergency situations or urgent circumstances are exempt. Proposed rules that are currently open for public comment are not affected by the freeze.
One of the final rules that has been published but will now be delayed pending approval is the FHWA’s termination of the Buy America general waiver for manufactured products. AGC provided comments on this termination in May 2024, advocating to keep the waiver for manufactured products in place. AGC looks forward to offering further feedback and collaborating with the new administration in the years ahead.
For additional information, please contact Spencer Phillips.