Petitioning for Rulemaking: Ask an Agency to Change a Rule | Rulemaking 101

Transcript

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Welcome back to Rulemaking 101, where we help you understand how federal rules get made and how you can be part of it. Today we're talking about something a lot of people don't know exists: your legal right to ask a federal agency to write, change, or cancel a rule. We'll look at the law behind that right, and then walk through three real Federal Register documents to see how it actually works in practice. If you're new here, hit subscribe so you don't miss the next episode.

Let's start with the law itself. It's found in the Administrative Procedure Act, at 5 U.S. Code section 553. The key line says: each agency shall give an interested person the right to petition for the issuance, amendment, or repeal of a rule. That means an interested person, not just companies or lawyers, can formally ask an agency to create a new rule, change an existing one, or get rid of one altogether. It doesn't guarantee the agency will say yes. But it guarantees you get to ask.

Quick recap: federal law gives every interested person the right to ask an agency to issue, change, or repeal a rule.

So what happens after you file a petition? Another part of the same law, 5 U.S. Code section 555, tells us. It says prompt notice shall be given of the denial in whole or in part of a written application, petition, or other request of an interested person. In plain terms, if the agency says no, it can't just go silent. It has to tell you. And except when it's affirming an earlier denial or the reason is obvious, the law requires a brief statement of the grounds for that denial. So you're entitled to know why.

Quick recap: if an agency denies your petition, it must promptly tell you, and usually explain why.

Now let's see this in action. In September 2026, the Federal Trade Commission published a notice about a petition filed by an individual. This petition requests to amend and repeal sections of the Health Breach Notification Rule. The FTC didn't rule on it right away. Instead, it opened the petition up for public comment, with comments due by October 15, 2026. As of September 18, Regulations.gov listed three comments. The FTC said publishing the petition does not affect its legal status or final disposition. It just lets the public weigh in before the Commission decides what to do.

Quick recap: the FTC asked the public to comment on an individual's petition before deciding whether to act on it.

Not every petition leads to a rule. In September 2026, the National Highway Traffic Safety Administration denied a petition from an individual who asked the agency to establish standards for a centralized National Map Database of roadway information for automated driving systems. NHTSA is denying the petition based on a lack of information necessary for the agency to take action under the National Traffic and Motor Vehicle Safety Act, as well as the agency's view concerning the efficient allocation of agency resources. NHTSA explained its reasoning in detail, including that the petitioner had not shown sufficient information on how the proposed standards would address automated driving safety needs across the industry.

Quick recap: NHTSA denied a rulemaking petition and gave specific reasons, including insufficient evidence and resource priorities.

Sometimes an agency responds to many petitions at once. In September 2026, the Department of Justice published a notice responding to 10 submissions asking it to start rulemakings, including several on immigration issues. After reviewing these submissions, the Department declines to initiate rulemakings in response to them. But the notice didn't stop there. For each submission, DOJ explained its specific reasoning. For one, it pointed to a recent Attorney General decision already addressing the issue. For another, tied to a revoked executive order, it said the basis for the request no longer existed. This shows how one Federal Register notice can address many petitions, each with its own explanation.

Quick recap: DOJ denied ten rulemaking petitions in one notice, explaining its reasoning for each one individually.

So that's petitioning for rulemaking. You have the right to ask, agencies have to respond, and when they say no, they generally have to tell you why. Thanks for learning with us today. Subscribe so you catch the next episode of Rulemaking 101. Drop a comment telling us about a rule you'd want to petition for. And keep an eye on open proposed rules and petitions that are open for comment, like the FTC one we covered, due October 15.