What Is a Proposed Rule, and Why Your Comment Matters | Rulemaking 101

Transcript

Narrated by an AI presenter with a synthetic voice. Check the official documents for current dates and details.

Hi everyone, welcome back to Federal Register Daily. I'm your host for Rulemaking 101, the series that breaks down how federal rules actually get made. Today we're tackling a big question: what is a proposed rule, and why does your comment on it actually matter? We'll walk through the law that requires public comment periods, and we'll look at three real proposed rules from the Department of Veterans Affairs to see how this plays out in practice. If you're new here, hit subscribe so you don't miss the next episode. Let's get into it.

First, the basics. When an agency wants to make a new rule, the law, 5 U.S.C. Section 553, says it has to publish a notice in the Federal Register first. That notice can't be vague. The law requires it to include either the terms or substance of the proposed rule or a description of the subjects and issues involved. In plain terms, the agency has to actually show you what it's planning to do, not just announce that something is coming. The notice also has to say when and where the rulemaking process is happening, and point to the legal authority behind it.

Quick recap: a proposed rule notice has to lay out the actual substance of the plan, the legal authority behind it, and the details of the process, so the public knows exactly what's being considered.

Here's the part that makes public comments matter. Under Section 553, after people submit written comments, the agency has to consider the relevant matter presented, and when it issues a final rule, it has to explain the basis and purpose of what it decided. That means agencies can't just ignore comments. They have to consider the relevant ones and explain the rule they adopt. This is the legal foundation for the entire notice-and-comment system you hear about on this channel.

Quick recap: the law requires agencies to consider relevant comments and explain the basis for their final rule, not just publish it and move on.

Now let's see this in action. Back in February 2022, VA published a proposed rule saying it proposes to revise sections that address the ear, nose, throat, audiology, and respiratory systems. VA said the goal was to update medical terminology and bring the rating criteria in line with current medical practice. The comment period ran until April 18, 2022. According to Regulations.gov, this proposal drew 2,693 public comments. That's a large response for a technical rule about how these disabilities get rated.

Quick recap: VA's 2022 proposal to update ear, nose, throat, and respiratory rating rules drew 2,693 public comments, according to Regulations.gov.

Sometimes an agency isn't done after the first proposal. In September 2024, VA came back with a supplemental notice of proposed rulemaking on that same respiratory schedule. This one proposes to add a diagnostic code, DC, for constrictive bronchiolitis, or obliterative bronchiolitis, CB, to the regulations that govern the respiratory system. VA explained this followed the PACT Act, a law that added presumptive service connection for toxic exposure conditions, and constrictive bronchiolitis was the one condition without its own diagnostic code. VA said it was seeking comment on this one issue only. Its comment deadline was October 15, 2024, and Regulations.gov lists 72 comments, far fewer than the original proposal, but it shows agencies can reopen comment on a narrow piece of a bigger rule.

Quick recap: VA issued a supplemental proposal in 2024 to add a diagnostic code for constrictive bronchiolitis, tied to the PACT Act, and Regulations.gov lists 72 comments.

Our last example is smaller but still worth knowing about. In January 2026, VA published a proposed rule that VA proposes to revise diagnostic code 7009, Bradycardia, or Bradyarrhythmia, to provide a minimum 10% evaluation after pacemaker implantation. VA said this would align that code with a similar one for other pacemaker patients, DC 7018. The comment period closed March 31, 2026, and as of early April, Regulations.gov listed 12 comments. Even a narrow, technical fix like this one goes through the same public process.

Quick recap: VA's 2026 proposal to set a minimum rating for bradycardia after pacemaker implantation had a March 31, 2026 comment deadline, and Regulations.gov lists 12 comments.

So what makes a comment useful? A few practical tips. First, watch the deadline. This bradycardia proposal says comments must be received by March 31, 2026, and proposed rules list a deadline like that. Second, cite the specific section you're talking about, like DC 7009 in Section 4.104, so the agency knows exactly what you mean. Third, share your actual experience. If a rule affects how your condition gets rated or how a process works for you, that firsthand detail is exactly the kind of relevant matter the law says agencies must consider. Specific, relevant comments give the agency more to work with.

Quick recap: strong comments hit the deadline, cite the exact section, and describe your real experience with the issue.

That's it for this episode of Rulemaking 101. Thanks for spending time with us here on Federal Register Daily. If this helped you understand how proposed rules work, subscribe for more episodes, and drop a comment telling us your own experience with a federal rule, or a question you still have. Then head to regulations.gov and see what proposed rules are open for comment right now. Your comment becomes part of the public record.