Notice of proposed rulemaking
Encyclopedia
A notice of proposed rulemaking (NPR) is a public notice
issued by law
when one of the independent agencies of the United States government
wishes to add, remove, or change a rule or regulation
as part of the rulemaking
process. It is an important part of United States administrative law
which facilitates government by typically creating a process of taking of public comment
. This nonmenclature is also utilized at the state level.
, for instance by the European Aviation Safety Agency
(EASA) in giving notice of a proposed rule change and inviting informed comment on it.
. The Constitution does not require NPRM. Rather, Congress created the requirement to enlighten agencies — that is, to force them to listen to comments and concerns of people whom the regulation will likely affect. The Federal Aviation Administration
(FAA), Federal Communications Commission
(FCC), National Telecommunications and Information Administration
(NTIA), and United States Environmental Protection Agency
(EPA) are examples of agencies subject to these procedures.
The NPRM is published in the Federal Register
and typically gives 60 days for public comment from any interested party, and an additional 30 days for reply comments. Original comments may still be filed in the reply comments window. While this is the normal method of agency rulemaking, emergency rulemaking is allowed to bypass the NPRM process. A notice is not required to be published in the Federal Register if all persons subject to it are named and are personally served with a copy of it.
Each notice, whether published in the Federal Register or personally served, includes:
NPRMs are often preceded by a notice of inquiry (NOI), where comments are invited but no rules have yet been proposed. Comments received in this period allow the agency to better prepare the NPRM by making more-informed decisions on proposals. An NPRM may be followed by a further notice of proposed rulemaking (FNPRM), if the comments from the initial NPRM drastically change the proposal to the point where further comment is required. Rules are finalized when a report and order (R&O) is issued, which may be amend
ed with a second R&O (or more) in a continuing proceeding (such as the DTV transition in the United States
).
Regulations.gov is a website established in 2002 to provide better access to rulemaking. It allows comments to be posted to nearly 300 federal agencies.
Public notice
Public notice is a notice given to the public regarding certain types of legal proceedings.-By government:Public notices are issued by a government agency or legislative body in certain rulemaking or lawmaking proceeding....
issued by law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
when one of the independent agencies of the United States government
Independent agencies of the United States government
Independent agencies of the United States federal government are those agencies that exist outside of the federal executive departments...
wishes to add, remove, or change a rule or regulation
Regulation
Regulation is administrative legislation that constitutes or constrains rights and allocates responsibilities. It can be distinguished from primary legislation on the one hand and judge-made law on the other...
as part of the rulemaking
Rulemaking
In administrative law, rulemaking refers to the process that executive and independent agencies use to create, or promulgate, regulations. In general, legislatures first set broad policy mandates by passing statutes, then agencies create more detailed regulations through rulemaking.By bringing...
process. It is an important part of United States administrative law
United States administrative law
United States administrative law encompasses a number of statutes and cases which define the extent of the powers and responsibilities held by administrative agencies of the United States Government. The executive, legislative, and judicial branches of the U.S. federal government cannot always...
which facilitates government by typically creating a process of taking of public comment
Public comment
-Introduction:Public comment is a specific term of art used by various government agencies in the United States, a constitutional democracy, in several circumstances. It is sometimes called "vox populi". Generally these circumstances are open public meetings of government bodies which set aside...
. This nonmenclature is also utilized at the state level.
Outside the United States
The term is also used outside the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, for instance by the European Aviation Safety Agency
European Aviation Safety Agency
The European Aviation Safety Agency is an agency of the European Union with offices in Cologne, Germany, which has been given regulatory and executive tasks in the field of civilian aviation safety. It was created on 15 July 2002, and it reached full functionality in 2008, taking over functions...
(EASA) in giving notice of a proposed rule change and inviting informed comment on it.
In the United States
NPRM procedure is required and defined by the Administrative Procedure ActAdministrative Procedure Act
The Administrative Procedure Act , , is the United States federal law that governs the way in which administrative agencies of the federal government of the United States may propose and establish regulations. The APA also sets up a process for the United States federal courts to directly review...
. The Constitution does not require NPRM. Rather, Congress created the requirement to enlighten agencies — that is, to force them to listen to comments and concerns of people whom the regulation will likely affect. The Federal Aviation Administration
Federal Aviation Administration
The Federal Aviation Administration is the national aviation authority of the United States. An agency of the United States Department of Transportation, it has authority to regulate and oversee all aspects of civil aviation in the U.S...
(FAA), Federal Communications Commission
Federal Communications Commission
The Federal Communications Commission is an independent agency of the United States government, created, Congressional statute , and with the majority of its commissioners appointed by the current President. The FCC works towards six goals in the areas of broadband, competition, the spectrum, the...
(FCC), National Telecommunications and Information Administration
National Telecommunications and Information Administration
The National Telecommunications and Information Administration is an agency of the United States Department of Commerce that serves as the President's principal adviser on telecommunications policies pertaining to the United States' economic and technological advancement and to regulation of the...
(NTIA), and United States Environmental Protection Agency
United States Environmental Protection Agency
The U.S. Environmental Protection Agency is an agency of the federal government of the United States charged with protecting human health and the environment, by writing and enforcing regulations based on laws passed by Congress...
(EPA) are examples of agencies subject to these procedures.
The NPRM is published in the Federal Register
Federal Register
The Federal Register , abbreviated FR, or sometimes Fed. Reg.) is the official journal of the federal government of the United States that contains most routine publications and public notices of government agencies...
and typically gives 60 days for public comment from any interested party, and an additional 30 days for reply comments. Original comments may still be filed in the reply comments window. While this is the normal method of agency rulemaking, emergency rulemaking is allowed to bypass the NPRM process. A notice is not required to be published in the Federal Register if all persons subject to it are named and are personally served with a copy of it.
Each notice, whether published in the Federal Register or personally served, includes:
- A statement of the time, place, and nature of the proposed rulemaking proceeding;
- A reference to the authority under which it is issued;
- A description of the subjects and issues involved or the substance and terms of the proposed regulation;
- A statement of the time within which written comments must be submitted; and
- A statement of how and to what extent interested persons may participate in the proceeding.
NPRMs are often preceded by a notice of inquiry (NOI), where comments are invited but no rules have yet been proposed. Comments received in this period allow the agency to better prepare the NPRM by making more-informed decisions on proposals. An NPRM may be followed by a further notice of proposed rulemaking (FNPRM), if the comments from the initial NPRM drastically change the proposal to the point where further comment is required. Rules are finalized when a report and order (R&O) is issued, which may be amend
Amend
Amend as a verb means to change or modify something, as in:*Constitutional amendment, a change to the constitution of a nation or a state. In jurisdictions with "rigid" or "entrenched" constitutions, amendments do not require a special procedure different from that used for enacting ordinary...
ed with a second R&O (or more) in a continuing proceeding (such as the DTV transition in the United States
DTV transition in the United States
The DTV transition in the United States was the switchover from analog to exclusively digital broadcasting of free over-the-air television programming...
).
Regulations.gov is a website established in 2002 to provide better access to rulemaking. It allows comments to be posted to nearly 300 federal agencies.