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Rulemaking that went quiet

A proposed rule names the day its comment period closes. The public writes in. Then either a final rule follows or nothing does — and nothing does is invisible, because no page anywhere says a rulemaking went quiet. This joins the two ends of 8,991 proposals against 16,913 final rules and prints what is left over.

What this counts

Proposed rules published between 2021-01-20 and 2025-08-27, joined to final rules by regulation identifier or docket, with final rules searched through 2026-08-27 — past the end of the proposal window, because a rule proposed late may be finalised afterwards and counting it as abandoned would be an artefact of the arithmetic.

  1. Proposed rules in window8,991
  2. Comment period has closed8,001
  3. Closed, and no final rule followed1,443

    325 proposals carry neither a regulation identifier nor a docket, and are excluded rather than assumed either way.

By the term the proposal was published in

Raw per-term counts are not comparable: a rule proposed in 2025 has had one year to reach a final rule and one proposed in 2021 has had five, so a later term will always look worse. The figure below is the matched one — of proposals whose comment period closed at least 365 days ago, the share that never produced a final rule. It is a fact about publication dates, not an attribution: a rulemaking proposed under one administration is usually finished, or abandoned, under the next.

  1. Term beginning 2021-01-2017.5%

    1231 of 7025 proposals whose comment period closed at least a year ago never produced a final rule. 8028 proposals fall in this term overall.

  2. Term beginning 2025-01-2022.5%

    137 of 609 proposals whose comment period closed at least a year ago never produced a final rule. 963 proposals fall in this term overall.

Where the silence sits

Agencies ranked by how many of the longest-silent rulemakings below are theirs.

  1. Environmental Protection Agency54
  2. Energy Department21
  3. Federal Communications Commission19
  4. Commerce Department18
  5. Homeland Security Department16
  6. Postal Regulatory Commission12
  7. Transportation Department10
  8. Agriculture Department9
  9. Education Department9
  10. Nuclear Regulatory Commission9

Longest silence first

Every row took public comment, closed it on the date shown, and has produced no final rule since. Each links to the proposal in the Federal Register so the reading can be repeated.

  1. Homeland Security Department4220 days · 11.6 years

    Requirements for MODUs and Other Vessels Conducting Outer Continental Shelf Activities With Dynamic Positioning Systems

    Proposed · comments closed

    https://www.federalregister.gov/documents/2022/05/20/2022-10836/requirements-for-modus-and-other-vessels-conducting-outer-continental-shelf-activities-with-dynamic
  2. Federal Communications Commission2058 days · 5.6 years

    Wireline Competition Bureau Seeks Comment on Securus Technologies, LLC's Petition for Waiver of the Inmate Calling Services Per-Minute Rate Requirement

    Proposed · comments closed

    https://www.federalregister.gov/documents/2021/12/10/2021-26586/wireline-competition-bureau-seeks-comment-on-securus-technologies-llcs-petition-for-waiver-of-the
  3. Federal Reserve System2012 days · 5.5 years

    Membership of State Banking Institutions in the Federal Reserve System; Reports of Suspicious Activities Under Bank Secrecy Act

    Proposed · comments closed

    https://www.federalregister.gov/documents/2021/01/22/2021-00033/membership-of-state-banking-institutions-in-the-federal-reserve-system-reports-of-suspicious
  4. Federal Deposit Insurance Corporation2012 days · 5.5 years

    Exemptions to Suspicious Activity Report Requirements

    Proposed · comments closed

    https://www.federalregister.gov/documents/2021/01/22/2021-00037/exemptions-to-suspicious-activity-report-requirements
  5. National Credit Union Administration2012 days · 5.5 years

    Bank Secrecy Act

    Proposed · comments closed

    https://www.federalregister.gov/documents/2021/01/22/2021-00048/bank-secrecy-act
  6. Energy Department2005 days · 5.5 years

    Revisions to Regulations on Electric Reliability Organization Performance Assessments

    Proposed · comments closed

    https://www.federalregister.gov/documents/2021/01/29/2021-01614/revisions-to-regulations-on-electric-reliability-organization-performance-assessments
  7. Federal Communications Commission2003 days · 5.5 years

    Commission Rules To Enable GSO Fixed-Satellite Service (Space-to-Earth) Operations in the 17.3-17.8 GHz Band, To Modernize Certain Rules Applicable to 17/24 GHz BSS Space Stations, and To Establish Off-Axis Uplink Power Limits for Extended Ka-Band FSS Operations

    Proposed · comments closed

    https://www.federalregister.gov/documents/2021/02/01/2021-00047/commission-rules-to-enable-gso-fixed-satellite-service-space-to-earth-operations-in-the-173-178-ghz
  8. Federal Communications Commission2003 days · 5.5 years

    Captioned Telephone Services Quality Metrics

    Proposed · comments closed

    https://www.federalregister.gov/documents/2021/02/01/2021-01191/captioned-telephone-services-quality-metrics
  9. Energy Department1995 days · 5.5 years

    Energy Conservation Program: Procedures for Use in New or Revised Energy Conservation Standards and Test Procedures for Consumer Products and Commercial/Industrial Equipment; Prioritization Process

    Proposed · comments closed

    https://www.federalregister.gov/documents/2021/02/19/2021-03058/energy-conservation-program-procedures-for-use-in-new-or-revised-energy-conservation-standards-and
  10. Homeland Security Department1994 days · 5.5 years

    Cost of Assistance Estimates in the Disaster Declaration Process for the Public Assistance Program; Public Meeting

    Proposed · comments closed

    https://www.federalregister.gov/documents/2021/02/05/2021-02459/cost-of-assistance-estimates-in-the-disaster-declaration-process-for-the-public-assistance-program
  11. Federal Deposit Insurance Corporation1991 days · 5.5 years

    Removal of Transferred OTS Regulations Regarding Definitions of Terms

    Proposed · comments closed

    https://www.federalregister.gov/documents/2021/02/11/2021-01536/removal-of-transferred-ots-regulations-regarding-definitions-of-terms
  12. Environmental Protection Agency1991 days · 5.5 years

    Air Plan Approval; Ohio; Ohio NSR Permit Timing

    Proposed · comments closed

    https://www.federalregister.gov/documents/2021/02/11/2021-02746/air-plan-approval-ohio-ohio-nsr-permit-timing
  13. Commerce Department1987 days · 5.4 years

    Fisheries of the Northeastern United States; Atlantic Spiny Dogfish Fishery; Revised 2021 and Projected 2022 Specifications

    Proposed · comments closed

    https://www.federalregister.gov/documents/2021/03/04/2021-04356/fisheries-of-the-northeastern-united-states-atlantic-spiny-dogfish-fishery-revised-2021-and
  14. Health and Human Services Department1984 days · 5.4 years

    Proposed Modifications to the HIPAA Privacy Rule To Support, and Remove Barriers to, Coordinated Care and Individual Engagement

    Proposed · comments closed

    https://www.federalregister.gov/documents/2021/01/21/2020-27157/proposed-modifications-to-the-hipaa-privacy-rule-to-support-and-remove-barriers-to-coordinated-care
  15. Treasury Department1984 days · 5.4 years

    National Bank and Federal Savings Association Premises

    Proposed · comments closed

    https://www.federalregister.gov/documents/2021/02/03/2020-29277/national-bank-and-federal-savings-association-premises
  16. Environmental Protection Agency1984 days · 5.4 years

    Air Plan Approval; OR; Smoke Management Revision

    Proposed · comments closed

    https://www.federalregister.gov/documents/2021/02/19/2021-03036/air-plan-approval-or-smoke-management-revision
  17. Environmental Protection Agency1982 days · 5.4 years

    Approval and Promulgation of Air Quality Implementation Plans; Louisiana; Infrastructure State Implementation Plan Requirements for the National Ambient Air Quality Standards

    Proposed · comments closed

    https://www.federalregister.gov/documents/2021/02/22/2021-02894/approval-and-promulgation-of-air-quality-implementation-plans-louisiana-infrastructure-state
  18. National Credit Union Administration1981 days · 5.4 years

    Risk-Based Net Worth-COVID-19 Regulatory Relief

    Proposed · comments closed

    https://www.federalregister.gov/documents/2021/02/23/2021-01400/risk-based-net-worth-covid-19-regulatory-relief
  19. Environmental Protection Agency1981 days · 5.4 years

    Hazardous Waste Management System; Identification and Listing of Hazardous Waste

    Proposed · comments closed

    https://www.federalregister.gov/documents/2021/02/23/2021-02939/hazardous-waste-management-system-identification-and-listing-of-hazardous-waste
  20. Environmental Protection Agency1980 days · 5.4 years

    Receipt of a Pesticide Petition Filed for Residues of Pesticide Chemicals in or on Various Commodities (December 2020)

    Proposed · comments closed

    https://www.federalregister.gov/documents/2021/02/24/2021-02648/receipt-of-a-pesticide-petition-filed-for-residues-of-pesticide-chemicals-in-or-on-various
  21. Environmental Protection Agency1980 days · 5.4 years

    Air Plan Approval; Washington; Spokane Regional Clean Air Agency

    Proposed · comments closed

    https://www.federalregister.gov/documents/2021/02/24/2021-03035/air-plan-approval-washington-spokane-regional-clean-air-agency
  22. Treasury Department1977 days · 5.4 years

    Requirements for Certain Transactions Involving Convertible Virtual Currency or Digital Assets

    Proposed · comments closed

    https://www.federalregister.gov/documents/2021/01/28/2021-01918/requirements-for-certain-transactions-involving-convertible-virtual-currency-or-digital-assets
  23. Environmental Protection Agency1977 days · 5.4 years

    Approval and Promulgation of State Plans for Designated Facilities; New York; Section 111(d) State Plan for MSW Landfills

    Proposed · comments closed

    https://www.federalregister.gov/documents/2021/02/25/2021-03054/approval-and-promulgation-of-state-plans-for-designated-facilities-new-york-section-111d-state-plan
  24. Justice Department1977 days · 5.4 years

    Suspicious Orders of Controlled Substances

    Proposed · comments closed

    https://www.federalregister.gov/documents/2021/02/25/2021-03361/suspicious-orders-of-controlled-substances
  25. Environmental Protection Agency1977 days · 5.4 years

    Receipt of a Pesticide Petition Filed for Residues of Pesticide Chemicals in or on Various Commodities (February 2021)

    Proposed · comments closed

    https://www.federalregister.gov/documents/2021/02/25/2021-03714/receipt-of-a-pesticide-petition-filed-for-residues-of-pesticide-chemicals-in-or-on-various
  26. Environmental Protection Agency1977 days · 5.4 years

    Air Plan Limited Approval, Limited Disapproval; Arizona; Arizona Department of Environmental Quality

    Proposed · comments closed

    https://www.federalregister.gov/documents/2021/02/26/2021-03482/air-plan-limited-approval-limited-disapproval-arizona-arizona-department-of-environmental-quality
  27. Environmental Protection Agency1977 days · 5.4 years

    Approval and Promulgation of Implementation Plans; New York; Ozone Season NOX Controls for Simple Cycle and Regenerative Combustion Turbines

    Proposed · comments closed

    https://www.federalregister.gov/documents/2021/02/26/2021-03775/approval-and-promulgation-of-implementation-plans-new-york-ozone-season-nox-controls-for-simple
  28. Transportation Department1974 days · 5.4 years

    Framework for Automated Driving System Safety; Extension of Comment Period

    Proposed · comments closed

    https://www.federalregister.gov/documents/2021/01/29/2021-01150/framework-for-automated-driving-system-safety-extension-of-comment-period
  29. Environmental Protection Agency1974 days · 5.4 years

    Virginia: Final Approval of State Underground Storage Tank Program Revisions, Codification, and Incorporation by Reference

    Proposed · comments closed

    https://www.federalregister.gov/documents/2021/03/02/2021-04100/virginia-final-approval-of-state-underground-storage-tank-program-revisions-codification-and
  30. Nuclear Regulatory Commission1970 days · 5.4 years

    Items Containing Byproduct Material Incidental to Production

    Proposed · comments closed

    https://www.federalregister.gov/documents/2021/02/02/2021-02158/items-containing-byproduct-material-incidental-to-production
  31. Federal Deposit Insurance Corporation1970 days · 5.4 years

    Transferred OTS Regulations Regarding Securities Offerings of State Savings Associations, Statement of Policy on the Use of Offering Circulars, Proposed Rulemaking Regarding Securities Offerings by State Nonmember Banks and State Savings Associations, and Other Technical Amendments

    Proposed · comments closed

    https://www.federalregister.gov/documents/2021/02/04/2021-02028/transferred-ots-regulations-regarding-securities-offerings-of-state-savings-associations-statement
  32. Environmental Protection Agency1970 days · 5.4 years

    Air Plan Approval; Arizona; Pinal County Air Quality Control District

    Proposed · comments closed

    https://www.federalregister.gov/documents/2021/03/05/2021-04387/air-plan-approval-arizona-pinal-county-air-quality-control-district
  33. Energy Department1969 days · 5.4 years

    Cybersecurity Incentives

    Proposed · comments closed

    https://www.federalregister.gov/documents/2021/02/05/2021-01986/cybersecurity-incentives
  34. Postal Regulatory Commission1969 days · 5.4 years

    Application for Waiver of Workshare Discount

    Proposed · comments closed

    https://www.federalregister.gov/documents/2021/04/02/2021-06839/application-for-waiver-of-workshare-discount
  35. Environmental Protection Agency1968 days · 5.4 years

    Air Plan Approval; WA; Regional Haze Best Available Retrofit Technology Revision for TransAlta Centralia Generation Plant

    Proposed · comments closed

    https://www.federalregister.gov/documents/2021/03/08/2021-03988/air-plan-approval-wa-regional-haze-best-available-retrofit-technology-revision-for-transalta
  36. Federal Communications Commission1968 days · 5.4 years

    Expanding Flexible Use of the 12.2-12.7 GHz Band

    Proposed · comments closed

    https://www.federalregister.gov/documents/2021/03/08/2021-04115/expanding-flexible-use-of-the-122-127-ghz-band
  37. Education Department1967 days · 5.4 years

    Proposed Guidance; Frequently Asked Questions: Criterion for an Integrated Employment Location in the Definition of “Competitive Integrated Employment” and Participant Choice

    Proposed · comments closed

    https://www.federalregister.gov/documents/2021/03/09/2021-04564/proposed-guidance-frequently-asked-questions-criterion-for-an-integrated-employment-location-in-the
  38. Interior Department1966 days · 5.4 years

    Oil and Gas and Sulfur Operations in the Outer Continental Shelf-Revisions to the Requirements for Exploratory Drilling on the Arctic Outer Continental Shelf; Reopening of Comment Period

    Proposed · comments closed

    https://www.federalregister.gov/documents/2021/02/10/2021-02799/oil-and-gas-and-sulfur-operations-in-the-outer-continental-shelf-revisions-to-the-requirements-for
  39. Transportation Department1966 days · 5.4 years

    Federal Motor Vehicle Safety Standards; Test Procedures; Reopening of Comment Period

    Proposed · comments closed

    https://www.federalregister.gov/documents/2021/03/10/2021-04933/federal-motor-vehicle-safety-standards-test-procedures-reopening-of-comment-period
  40. Homeland Security Department1963 days · 5.4 years

    Cost of Assistance Estimates in the Disaster Declaration Process for the Public Assistance Program; Public Meetings; Extension of Comment Period

    Proposed · comments closed

    https://www.federalregister.gov/documents/2021/03/12/2021-05169/cost-of-assistance-estimates-in-the-disaster-declaration-process-for-the-public-assistance-program

How this was measured

Source
The Federal Register API, the government’s own publication of record. No secondary reporting is used.
Last run
What it cannot show
A rulemaking finalised under a different identifier reads here as silence. And silence is not itself wrongdoing — agencies drop proposals for good reasons, and the Federal Register does not publish the reason. This counts the gap; it does not explain it.
Whether it can fail
Yes. If every proposal in the window had been finalised or withdrawn, this page would print zero rows, and that would be the finding.

The provider deadline board applies the same instrument to vendors.