What is the difference between a proposed rule and a final rule?

A proposed rule (NPRM) is the agency's draft regulation, published in the Federal Register to solicit public comment. It is not legally binding and does not require compliance. Its purpose is to gather public input under the Administrative Procedure Act's notice-and-comment requirement.

A final rule is the binding regulation, published after the agency reviews comments, often revises the proposal, completes OIRA review (if significant), and finalizes the text. Final rules have an effective date — typically 30 days after publication for most rules, 60 days for major rules under the Congressional Review Act — after which compliance is legally required and enforceable.

Key distinctions: proposed rules invite comments (deadline in the Federal Register notice); final rules are not open for comment but can be challenged in court (typically within 60 days of publication under most statutes). Proposed rules can be withdrawn or substantially revised; final rules can only be amended through new rulemaking or rescinded under the Congressional Review Act's joint-resolution process within 60 legislative days.

Sometimes agencies publish "interim final rules" that take effect immediately but accept post-publication comments — used for emergencies, statutory deadlines, or technical rules where pre-publication comment is "impracticable, unnecessary, or contrary to the public interest." Interim final rules are litigated more often than standard final rules.