Notice of Proposed Rulemaking

A notice of proposed rulemaking (NPRM) is the public notice a federal agency publishes in the Federal Register before adopting, amending or repealing a rule that binds the public. Section 553 of the Administrative Procedure Act requires the notice to state the time, place and nature of the proceeding, the legal authority for the rule, and either the substance of the proposed rule or the subjects and issues involved, and the agency must give interested persons an opportunity to submit written comments, which it must consider. The APA allows the agency to skip notice and comment only “for good cause” — when the ordinary procedures would be impracticable, unnecessary or contrary to the public interest.

Example: In 2026, Treasury published an NPRM proposing rules to let donors target contributions to groups of children by ZIP code under the new children’s savings accounts, with a public comment deadline of November 30, 2026 at regulations.gov (Federal Register 91 FR 61812).

Common misconception: Publishing an NPRM does not make the rule law. The proposal is a draft for comment; the rule takes effect only when the final rule is published (generally at least 30 days later, per § 553(d)), and comments can change or stop it.

Sources: 5 U.S.C. § 553 (Rule making) | LII"; Administrative Procedure Act (§ 553 text) | National Archives"; The Good Cause Exception to Notice and Comment Rulemaking | CRS R44356, congress.gov"