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Category: Compliance and Reporting

Notice of Proposed Rulemaking

Also known as: NPRM, Proposed Rule, Notice of Proposed Rule Making
Simply put

A Notice of Proposed Rulemaking (NPRM) is a public notice that a U.S. federal agency issues when it wants to add, change, or remove a rule or regulation. It formally announces and explains the agency's intent and informs the public that a regulatory change is being considered. This step lets people know about the proposal before any rule becomes final.

Formal definition

An NPRM is the formal, statutorily required public announcement through which a U.S. federal agency states and explains its intent to add, remove, or modify a rule or regulation. Published in venues such as the Federal Register, it describes the agency's objective and the substance of the proposed change, informing the public that a regulatory action is under consideration. The NPRM is a defined stage in the federal rulemaking process; this entry describes the general procedural instrument and is not legal advice, and specific requirements are governed by applicable statutes and agency procedures.

Why it matters

The Notice of Proposed Rulemaking is a pivotal moment in the federal regulatory process because it is the point at which the public first sees the specific substance of a rule an agency intends to adopt. For digital accessibility, rulemaking by agencies such as the Department of Justice and the Access Board can shape how obligations under laws like the ADA and the Rehabilitation Act are interpreted and implemented. Tracking an NPRM allows compliance officers, legal counsel, and accessibility teams to anticipate change rather than react to a finalized rule after the fact.

The NPRM also creates a formal opportunity for stakeholders to influence the outcome. Because it announces and explains an agency's intent to add, remove, or change a rule, the NPRM opens a window during which affected parties can understand the proposed direction and prepare responses before anything becomes binding. An NPRM is a proposal, not a final rule; the substance described in a notice may be revised, narrowed, or withdrawn before any obligation takes effect.

For organizations planning accessibility roadmaps, understanding where a rule sits in the process is essential to sound decision-making. Reading proposed language too literally, or treating it as settled requirement, can lead to misallocated resources. Conversely, ignoring an NPRM can leave an organization unprepared for changes that may ultimately be adopted. This entry is general procedural background and not legal advice; specific requirements are governed by applicable statutes and agency procedures, and qualified legal counsel should be consulted on how a particular proposed rule may apply.

Who it's relevant to

Legal Counsel and Compliance Officers
Attorneys and compliance leaders monitor NPRMs to understand how an agency intends to change existing rules and to assess potential impact before a rule is finalized. Because an NPRM describes a proposal rather than a binding requirement, counsel can evaluate the substance and advise the organization on how a possible change might apply to its obligations.
Accessibility Engineers and Program Managers
Teams responsible for digital accessibility use NPRMs as early signals of where technical and procedural expectations may be heading. Reviewing proposed language helps them plan roadmaps and prioritize work, while recognizing that the proposal may be revised or withdrawn before it becomes final.
Business Leaders and Decision-Makers
Executives and operational leaders rely on awareness of pending rulemaking to allocate resources and set expectations. Knowing that an NPRM is a proposal, not a settled rule, helps leaders avoid overcommitting to language that may change and prepare for outcomes that could ultimately be adopted.
Federal Agencies and Regulated Entities
Agencies issue NPRMs to announce and explain their intent to add, remove, or change a rule, and entities subject to a given agency's regulations use these notices to understand what is under consideration. The specific procedures and requirements depend on the applicable statutes and the issuing agency.

Inside NPRM

Statement of Regulatory Authority
A citation of the statute or legal authority under which the issuing agency proposes to act, establishing the legal basis for the proposed rule.
Summary of the Proposed Rule
A plain-language overview of what the agency intends to require or change, allowing readers to understand the substance without parsing the full regulatory text.
Proposed Regulatory Text
The specific language the agency proposes to add to or amend in the Code of Federal Regulations, including any technical standards or benchmarks referenced.
Preamble and Background
Explanatory discussion of the problem the agency seeks to address, the reasoning behind the proposal, and how it relates to existing law and prior guidance.
Comment Period Details
Instructions on how and by when the public may submit comments, including the deadline and the docket or submission channels. Comment periods are time-limited and generally set by the agency.
Regulatory Impact and Cost Analysis
An assessment of the anticipated costs, benefits, and economic effects of the proposal, often required before a rule can be finalized.
Specific Questions for Public Input
Areas where the agency actively solicits feedback, data, or alternatives from stakeholders to inform the final rule.

Common questions

Answers to the questions practitioners most commonly ask about NPRM.

Does an NPRM create legally binding requirements that regulated entities must immediately follow?
No. An NPRM is a proposed rule, not a final rule. It is published to describe an agency's intended regulatory approach and to invite public comment. It does not by itself impose binding legal obligations. Binding requirements generally arise only if and when the agency issues a final rule, which may differ from the proposal in response to comments received. Until a final rule takes effect, regulated entities are not legally required to comply with the terms set out in an NPRM, though many choose to monitor proposals to anticipate potential future obligations. This is general information and not legal advice; consult qualified legal counsel regarding your specific situation.
If an NPRM references a specific WCAG version and conformance level, does that mean it is already the legal standard?
Not necessarily. A reference to a technical standard such as a particular WCAG version and level within an NPRM reflects what the agency is proposing, not an established legal mandate. The referenced standard may change before a final rule is issued, and the final rule may adopt a different version, level, scope, or compliance timeline. The proposed reference should be understood as the agency's current thinking rather than a codified requirement. To determine what is currently required, look to the applicable final rule, agency guidance, or relevant case law, and consult legal counsel.
How can an organization participate in the NPRM process?
An NPRM includes a public comment period during which interested parties may submit written comments to the issuing agency, commonly through a designated docket or an official government submission portal identified in the notice itself. Comments may address the proposed requirements, their feasibility, costs, timelines, and alternatives. Agencies are generally expected to consider comments received before issuing a final rule. The specific method, deadline, and docket information are stated in the individual NPRM, so review that document for the exact process and closing date.
Where can an organization find and track a relevant NPRM?
NPRMs are published through official government channels, and the specific publication venue and docket identifiers are listed in the notice. Organizations often monitor the issuing agency's rulemaking activity to track a proposal's status as it moves toward a possible final rule. Because timelines and outcomes are uncertain and rules evolve, it is prudent to follow the relevant agency's current rulemaking rather than rely on secondary summaries. For obligations tied to your jurisdiction and sector, confirm the current status directly with the applicable agency and consult legal counsel.
What should an accessibility or compliance team do while an NPRM is pending?
Because an NPRM signals a possible direction for future requirements, many teams use the pending period to review the proposal, assess how the described approach might affect their digital properties, and evaluate current accessibility practices against widely recognized benchmarks. Some organizations submit comments to inform the rulemaking. However, teams should treat the proposal as provisional and avoid assuming the final rule will match it exactly. Any planning should account for the possibility of changes to scope, referenced standards, and timelines, and legal counsel can help interpret potential impact.
Does responding to an NPRM affect an organization's current legal compliance obligations?
Submitting comments on an NPRM is a participation step in the rulemaking process and does not change what an organization is currently required to do under existing law. Present obligations continue to be governed by applicable statutes, existing final rules, agency guidance, and case law, which vary by jurisdiction and by whether an entity is covered under authorities such as Title II or Title III of the ADA or Section 508. An NPRM concerns potential future requirements, so organizations should continue meeting current obligations and consult qualified legal counsel to understand what applies to them today.

Common misconceptions

An NPRM is a binding rule that must be complied with immediately upon publication.
An NPRM is a proposal, not a final enforceable rule. It signals an agency's intent and invites comment; obligations generally do not take effect unless and until a final rule is issued, which may differ from the proposal or may not be issued at all.
Submitting a comment during the NPRM period has no practical effect on the outcome.
Agencies are generally expected to consider submitted comments and may revise the proposal in response. Comments can shape the final rule, and the public comment process is a meaningful opportunity for stakeholder input rather than a formality.
An NPRM that references a technical accessibility benchmark makes that benchmark legally mandatory across all covered entities.
A proposal referencing a standard reflects the agency's intended approach, not a codified requirement. What ultimately applies, to whom, and under which authority depends on the final rule, its scope, and its effective dates. Readers should consult the final rulemaking and qualified legal counsel for their specific situation.

Best practices

Monitor the relevant agency's rulemaking activity and official publication channels so you learn of an NPRM in time to participate before the comment deadline.
Read the full NPRM, including the preamble and proposed regulatory text, rather than relying on summaries, to understand the proposed scope, applicable authority, and any technical benchmarks referenced.
Submit substantive comments within the stated comment period, providing data, cost information, or concrete alternatives where the agency has requested input.
Treat an NPRM as a signal of possible future obligations rather than a current requirement, and track whether and how it progresses to a final rule.
Distinguish the specific authority under which the rule is proposed and confirm which entities it would cover before assuming it applies to your organization.
Consult qualified legal counsel to interpret how a proposed rule, and any eventual final rule, may affect your obligations, as requirements evolve through rulemaking and case law and this guidance is not legal advice.