Like every president since 1981, President Trump issued an executive order on his first day of office freezing pending federal regulations.
The Trump order instructs federal agencies to immediately withdraw any rules that have been sent to the Office of Fdeeral Register but not yet published in the Federal Register.
For rules that were published in the Federal Register but have not yet become effective, agencies are to consider postponing the effective date of those rules for 60 days for the purpose of reviewing any questions of fact, law, and policy that the rules may raise. Agencies may during this 60-day period consider opening an additional comment period to allow interested parties to provide comments about issues of fact, law, and policy raised by the rules postponed and to consider reevaluating pending petitions involving such rules. Where necessary to continue to review these questions of fact, law, and policy, agencies may consider further delaying, or publishing for notice and comment, proposed rules further delaying such rules beyond the 60-day period.
The Trump order applies “rules” as defined section 551 of the Administrative Procedures Act as well as any substantive action by an agency that is normally published in the Federal Register and that promulgates or is expected to lead to the promulgation of a final rule or regulation. This includes advance notices of proposed rulemaking and notices of proposed rulemaking. Likewise, the memo applies to agency guidance documents, policy statements , or any interpretation of a statutory or regulatory issue.