What is OIRA review and how long does it take?

The Office of Information and Regulatory Affairs (OIRA), part of OMB within the Executive Office of the President, reviews significant federal rules before they publish in the Federal Register. The authority comes from Executive Order 12866 (1993, still in effect with amendments) and successor orders.

OIRA reviews "significant" rules — generally those with $200M+ annual economic impact (raised from $100M by Executive Order 14094 in 2023), significant interagency effects, or novel legal or policy issues. Standard OIRA review is 90 days, extendable once for 30 days by mutual agreement between OIRA and the agency. In practice, reviews average 60 to 90 days but some stretch to 6+ months, especially for major or politically contested rules.

During OIRA review, the rule is not public and cannot be commented on, but OIRA's docket at reginfo.gov shows the rule has been received and is under review. OIRA may "return" a rule to the agency for further work — a strong signal the rule has problems — or send it back with technical edits.

For small businesses, OIRA review is the last predictable window before a final rule lands. A rule entering OIRA review in March is likely publishing in June or July; that's the time to brief your team, not after publication.