---
kind: "section"
citation: "44 C.F.R. § 1.8"
title: "44"
number: "1.8"
heading: "Petitions for rulemaking."
url: "https://uscodex.org/cfr/44/1.8"
---

# §1.8. Petitions for rulemaking.

- (a) Any interested person may petition the Administrator for the issuance, amendment, or repeal of a rule. For purposes of this section, the term person includes any member of the public and any entity outside the Federal Executive branch of Government. Each petitioner must:
  - (1) Submit the petition to the Regulatory Affairs Division, Office of Chief Counsel, FEMA, 8NE, 500 C Street SW, Washington, DC 20472;
  - (2) **Label the petition with the following—** “Petition for Rulemaking” or “Rulemaking Petition”;
  - (3) Set forth the substance of the rule or amendment proposed or specify the rule sought to be repealed or amended;
  - (4) Explain the interest of the petitioner in support of the action sought; and
  - (5) **Set forth all data and arguments available to the petitioner in support of the action sought.**
- (b) FEMA will specify additional methods of submitting rulemaking petitions on its website at www.fema.gov/about/offices/chief-counsel/rulemaking and petitioners seeking to confirm whether FEMA has received or responded to a specific rulemaking petition may inquire at fema-regulations@fema.dhs.gov. The website may also contain other information about the petition for rulemaking process.
- (c)
  - (1) FEMA may solicit public comment on the petition in its discretion. If the Administrator finds that the petition contains adequate justification, a rulemaking proceeding will be initiated, or a final rule will be issued as appropriate. If the Administrator finds that the petition does not contain adequate justification, the petition will be denied by letter or other notice, with a brief statement of the ground for denial. The disposition will be posted on www.regulations.gov under docket ID FEMA-2022-0011.
  - (2) The Administrator may consider new evidence at any time; however, FEMA will not consider repetitious petitions for rulemaking.

## Notes

### Authority

Authority: 5 U.S.C. 551, 553; 6 U.S.C. 101 et seq.; Department of Homeland Security Delegation 9001.1.

### Source

Source: 87 FR 11977, Mar. 3, 2022, unless otherwise noted.