The name Bradyrhizobiaceae Garrity et al. 2006 contains Nitrobacter Winogradsky 1892 (Approved Lists 1980), the nomenclatural type of the family Nitrobacteraceae Buchanan 1917 (Approved Lists 1980), is illegitimate and proposals to alter the wording of Rule 54 of the International Code of Nomenclature of Prokaryotes to clarify the fact that the family name Bradyrhizobiaceae Garrity et al. 2006 is replaced by the family name Nitrobacteraceae Buchanan 1917 (Approved Lists 1980) the only correct name.

The new name at the rank of family Bradyrhizobiaceae Garrity et al. 2006 was created to include the genera Afipia Brenner et al. 1992, Agromonas Ohta and Hattori 1985, Blastobacter Zavarzin 1961 (Approved Lists 1980), Bosea Das et al. 1996, Bradyrhizobium Jordan 1982 (the nomenclatural type), Nitrobacter Winogradsky 1892 (Approved Lists 1980), Oligotropha Meyer et al. 1994, Rhodoblastus Imhoff 2001 and Rhodopseudomonas Czurda and Maresch 1937 (Approved Lists 1980). However, Nitrobacter Winogradsky 1892 (Approved Lists 1980) is the nomenclatural type of Nitrobacteraceae Buchanan 1917 (Approved Lists 1980) a name at the rank of family that was validly published prior to the valid publication of Bradyrhizobiaceae Garrity et al. 2006 and has priority. In addition Rule 51b (1) of the International Code of Nomenclature of Prokaryotes rules that under these circumstances Bradyrhizobiaceae Garrity et al. 2006 is an illegitimate name. Illegitimate names may not be used (Rule 51a) and illegitimate names are also not taken into consideration when determining priority (Rule 23a). Nitrobacteraceae Buchanan 1917 (Approved Lists 1980) is the only correct name (Rule 23a). Despite these facts the name Bradyrhizobiaceae Garrity et al. 2006 continues to be used, perhaps because the fact that it is an illegitimate name and the consequences of that status are not fully understood. A revision of Rule 54 would also appear to be appropriate in order to further emphasise the fact that the family name Bradyrhizobiaceae Garrity et al. 2006 must be replaced by the family name Nitrobacteraceae Buchanan 1917 (Approved Lists 1980), which is the oldest legitimate name and is the only correct name that may be used for the taxon that includes Bradyrhizobium Jordan 1982 and Nitrobacter Winogradsky 1892 (Approved Lists 1980).