Regulatory Freeze Pending Review

This memorandum freezes new federal rulemaking and withdraws pending rules until political appointees appointed after January 20, 2025 review and approve them. It also postpones effective dates of recently published rules for 60 days to allow review, with OMB oversight and emergency exceptions.

Federal Register Open PDF 90 FR 8249

Impact dates

Mar 21, 2025
60-day postponement period ends for rule effective dates
Jan 20, 2025
Freeze and withdrawal take effect immediately

Key directives

No rule may be proposed or issued until reviewed and approved by post-January 20, 2025 appointed agency head
Immediately withdraw unpublished rules from OFR
Consider postponing effective dates of published/unpublished but not-yet-effective rules for 60 days from January 20, 2025
Consider opening comment periods during 60-day postponement
Notify OMB Director and take further action for rules raising substantial questions
Comply with applicable Executive Orders concerning regulatory management
OMB Director to oversee implementation and review pending Paperwork Reduction Act collections

Who is ordered

Timeline

Immediate

Freeze on proposing or issuing any new rules
Withdrawal of rules sent to Federal Register but not yet published
Postponement of effective dates for published but not-yet-effective rules

Near term (90d)

60-day review period for postponed rules
Potential comment periods on postponed rules
OMB review of pending information collections under Paperwork Reduction Act
Determination of which rules raise 'substantial questions' requiring further action

Long term

Potential further delays or reproposal of rules with substantial questions
Possible modification of pre-January 20, 2025 actions that frustrate the memorandum's purpose
Lasting shift in regulatory control to new political appointees

Risks & tensions

Broad definition of 'rule' captures guidance documents, notices of inquiry, and advance notices—potentially chilling early-stage regulatory development
Delegation to 'any person appointed or designated by the President' may concentrate power in White House political staff rather than Senate-confirmed officials
Emergency exception relies on OMB Director discretion, creating uncertainty for statutorily or judicially mandated deadlines
Vague 'substantial questions' standard in paragraph 4 leaves significant discretion for permanent blocking of rules
Pre-January 20 action review clause threatens retrospective reach to last-minute Biden administration regulatory actions
Potential conflict with Administrative Procedure Act notice-and-comment requirements if rules are indefinitely delayed