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
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 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.