Does a federal entity need to make interpretive rules available for public comment?

A federal entity does not need to make interpretive rules available for public comment because interpretive rules are intended to clarify or explain existing statutes or regulations. They do not have the force of law and are considered internal guidance that helps to clarify how a federal agency interprets statutory provisions or regulatory requirements.

Unlike proposed rules, which are subject to a notice-and-comment process, interpretive rules can be issued without public input. This allows agencies to provide timely guidance without being delayed by lengthy public comment periods. The flexibility in adopting interpretive rules is intended to enable federal agencies to respond quickly to changing situations or clarify complex regulations as needed.

In this case, major regulations and formal rule-making processes are distinctly different from interpretive rules, which further underscores why interpretive rules do not require public comment. Consequently, the answer reflects the understanding that these types of rules exist primarily for agency internal use and customer guidance, rather than for providing a forum for stakeholder input.