A notice of proposed rulemaking (NPRM) is a public notice that is issued by law when a U.S. federal agency wishes to add, remove, or change a rule or regulation as part of the rulemaking process. The notice is an important part of US administrative law, which facilitates government by typically creating a process of taking of public comment. The term is also used at the state level in the United States.
Procedure
Although it is not required by the US Constitution, federal agencies are required to publish NPRMs before finalizing regulations, as required by section 553 of the Administrative Procedure Act (APA). The US Congress created the requirement to enlighten agencies and to force them to listen to comments and concerns of people who will likely be affected by the regulation. The Federal Aviation Administration, Federal Communications Commission, National Telecommunications and Information Administration, and Environmental Protection Agency are examples of regulatory agencies subject to the NPRM requirements.
An NPRM is published in the Federal Register and typically allows 60 days for public comment from any interested party and an additional 30 days for reply comments. Original comments may still be filed within the reply comments time window. While that is the normal method of agency rulemaking, the APA allows for emergency rulemakings that may bypass the NPRM process. The agency must disclose its reason when publishing the final rule. In certain cases a notice is not required to be published in the Federal Register if all persons subject to it are named and personally served with a copy of it.
Foreign equivalents
Equivalent procedures of public consultation are also used outside the United States for a document giving public notice of a proposed rule change and inviting informed comment on it. The European Aviation Safety Agency publishes similar notices referred to a "Notice of proposed amendment" when it seeks public comment.
See also
- Request for Comments (RFC) in Internet governance.