---
title: "Notice-and-Comment Rulemaking"
type: Legal Term
source: https://casebriefly.com/legal-terms/notice-and-comment-rulemaking
---

# Notice-and-Comment Rulemaking

The most common form of agency rulemaking under Section 553 of the APA, also called informal rulemaking. The process requires three steps: (1) publication of a Notice of Proposed Rulemaking (NPRM) in the Federal Register describing the proposed rule's terms or substance; (2) an opportunity for interested persons to submit written comments, data, and arguments; and (3) publication of the final rule with a concise general statement of its basis and purpose. This procedure balances democratic participation with administrative efficiency, and rules promulgated through proper notice-and-comment carry the force of law. Failure to follow these procedures renders a rule procedurally invalid.

## Related Terms

- informal-rulemaking
- formal-rulemaking
- apa-administrative-procedure-act
- final-agency-action

## Related Cases

- chevron-usa-inc-v-natural-resources-defense-council
- citizens-to-preserve-overton-park-v-volpe

## Example

Before the FDA could issue a final rule requiring new nutritional labeling on food products, it had to publish the proposed rule in the Federal Register and allow at least 30 days for the public to submit comments.

---
Source: [Notice-and-Comment Rulemaking — CaseBriefly](https://casebriefly.com/legal-terms/notice-and-comment-rulemaking)