Legal Definitions - notice-and-comment rulemaking

Definition: Notice-and-comment rulemaking is a process used by administrative agencies to create, change, or remove a rule or regulation. It is a type of informal rulemaking where the agency publishes a proposed regulation and allows the public to comment on it before it takes effect.

Examples: The Environmental Protection Agency (EPA) wants to create a new rule that limits the amount of pollution that factories can emit into the air. The EPA publishes a proposed regulation in the Federal Register and allows the public to comment on it for a certain period of time, usually 30 to 60 days. After the comment period ends, the EPA reviews the comments and makes changes to the regulation if necessary before it becomes final.

Another example is the Federal Communications Commission (FCC) proposing a new rule that requires internet service providers to treat all internet traffic equally, known as net neutrality. The FCC published a proposed regulation and allowed the public to comment on it. After receiving millions of comments, the FCC made changes to the regulation before it became final.

Explanation: Notice-and-comment rulemaking is an important process that allows the public to have a say in the creation of new rules and regulations. It ensures that agencies consider the opinions and concerns of the public before making decisions that affect them. The examples illustrate how agencies use this process to create new rules and regulations that are fair and effective.