take notice of

Notice of proposed rulemaking

A notice of proposed rulemaking or NPRM is issued by law when a regulatory agency of the United States Federal Government wishes to add, remove, or change a rule (or regulation) as part of the rulemaking process.

Outside the United States

The term is also used outside the USA, for instance by the European Aviation Safety Agency (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 Act. 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 who the regulation will likely affect. The FAA, FCC, NTIA, and 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:

  1. A statement of the time, place, and nature of the proposed rulemaking proceeding;
  2. A reference to the authority under which it is issued;
  3. A description of the subjects and issues involved or the substance and terms of the proposed regulation;
  4. A statement of the time within which written comments must be submitted; and
  5. A statement of how and to what extent interested persons may participate in the proceeding.

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