Reg Map: Step Three


Step Three
Preparation of Proposed Rule

Proposed Rule
A notice of proposed rulemaking proposes to add, change, or delete regulatory text and contains a request for public comments.

Administrative Procedure Act Provisions
Under the Administrative Procedure Act provisions at 5 U.S.C. 553, rules may be established only after proposed rulemaking procedures (steps three through six) have been followed, unless an exemption applies. The following are exempted:
  • Rules concerning military or foreign affairs functions
  • Rules concerning agency management or personnel
  • Rules concerning public property, loans, grants, benefits, or contracts
  • Interpretive rules
  • General statements of policy
  • Rules of agency organization, procedure, or practice
  • Nonsignificant rules for which the agency determines that public input is not warranted
  • Rules published on an emergency basis

Note: Even if an exemption applies under the Administrative Procedure Act provisions, other statutory authority or agency policy may require that proposed rulemaking procedures be followed.

Optional Supplementary Procedures to Help Prepare a Proposed Rule
Advance Notice of Proposed Rulemaking
An advance notice of proposed rulemaking requests information needed for developing a proposed rule.

Negotiated Rulemaking
Negotiated rulemaking is a mechanism under the Negotiated Rulemaking Act (5 U.S.C. 561-570) for bringing together representatives of an agency and the various interests to negotiate the text of a proposed rule.

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