An ANPRM (Advance Notice of Proposed Rulemaking) is an early, non-binding agency notice that announces an agency is considering regulation, describes the issues, and solicits information or ideas from the public before the agency drafts a formal proposal. Next steps typically include agency consideration of comments/data, possible drafting of a formal Notice of Proposed Rulemaking (NPRM), OIRA/interagency review for ‘‘significant’’ actions, publication of an NPRM in the Federal Register with a public comment period, consideration of comments, and then (if the agency proceeds) publication of a final rule that becomes binding after its Federal Register effective date.
OIRA (the Office of Information and Regulatory Affairs) is the OMB office that reviews ‘‘significant’’ executive-branch regulatory actions for consistency with the President’s regulatory policies (Executive Order 12866). OIRA review typically examines legal and economic analyses (including cost–benefit considerations), circulates drafts to other agencies during interagency review, and can take up to 90 days (with possible extensions); OIRA may request changes before the agency publishes the document.
The FTC’s press release and linked materials do not list particular fee types; the draft ANPRM is still at OIRA and the agency says it will ‘‘solicit public comment on the need for a new rule to prevent the imposition of deceptive or unfair fees.’’ (So specific fees under consideration are not publicly specified yet.) Past FTC actions and tenant-advocate reports show the kinds of ‘‘rental junk fees’’ the agency and advocates have focused on (examples: application/screening fees, administrative or move‑in fees, pet fees, non‑refundable deposits, holding fees and cleaning/processing fees), but which of those — if any — are named in the FTC’s draft will only be clear when the agency publishes the ANPRM or materials for public comment.
An ANPRM can lead to a binding federal rule but is only an informational first step. If the FTC decides to proceed, it would (a) publish an ANPRM or use the input gathered to draft an NPRM, (b) circulate a proposed rule for OIRA/interagency review (if significant), (c) publish an NPRM in the Federal Register and take public comments, (d) consider comments and publish a final rule (after any required second OIRA review). A final FTC rule would be legally binding on covered parties once published with an effective date, and is subject to judicial review and possible litigation.
Under Executive Order 12866 OIRA’s review period for a ‘‘significant’’ regulatory action is typically up to 90 days (it can be extended). Draft regulatory texts submitted to OIRA are generally not published for public viewing while under interagency/OIRA review; OIRA and agencies normally make documents exchanged during review publicly available only after the regulatory action is published in the Federal Register (or otherwise formally released).
Stakeholders can provide input when the FTC formally solicits public comment — typically by submitting comments to the docket the agency opens in the Federal Register (and via Regulations.gov) in response to an ANPRM or NPRM. Watch for the FTC’s Federal Register notice or the Commission’s webpage (the FTC said it will solicit public comment) and submit comments through Regulations.gov per the instructions in the agency’s notice.