Ask an agency to change a rule
Use: Action preparation. Leave with the elements of a petition asking an agency to issue, amend, or repeal a rule, plus the official procedure you must verify before filing.
A rulemaking petition gives a citizen a way to put a proposed change before an agency even when no comment window is open. Begin with one rule, one documented problem and one change the agency has power to make.
Choose the right route
A public comment responds to an announced proceeding. A rulemaking petition asks for a rule to be issued, amended or repealed. An individual complaint or appeal asks for action on a specific case. Keep these routes separate so your request reaches the office that can act.
For covered federal rulemaking, 5 U.S.C. § 553(e) establishes an interested person’s right to petition. Section 553 has scope exceptions. Read the agency’s statute and petition rules; state agencies use their own law. A petition asks the agency to use authority it already has. It cannot give an agency power Congress withheld.
If a live notice already covers your concern, preserve its comment deadline while checking whether a separate petition adds anything. A petition does not automatically reopen that window or pause another filing deadline.
Prepare a petition someone can act on
- Identify the rule and decision-maker. Save the current rule, citation, agency and petition instructions. Check whether a pending proposal already addresses the problem.
- State the change. Include proposed wording or the substance of the change as the agency requires. For repeal, identify the exact provision. Show how the requested action fits the governing law.
- Build the evidence chain. Describe the affected people or places, dated facts, source pages and the rule’s role in the problem. Separate personal experience, verified data and inference.
- Test the remedy. Explain how the change would work, who would carry it out, likely costs and trade-offs, and how the result could be measured. Address contrary evidence rather than leaving it for the agency to discover.
- Make the package easy to review. Lead with a short request. Number the supporting points. Index attachments and cite their relevant pages. Follow the agency’s required contents, signatures and format.
A petition outline to copy
Petition to [issue / amend / repeal] [rule and citation]
Petitioner and interest: [Identify yourself or the authorized organization as required. Explain how the rule affects the interest you describe.]
Requested action: [State the exact change and include the proposed text or substance required by the agency.]
Authority: [Identify the law that permits the agency to take this action and any relevant limits.]
Problem and evidence: [Give numbered findings, dated sources and attachment page references.]
Why this remedy: [Explain expected effects, costs, alternatives, contrary evidence and how to check the result.]
Attachments and contact: [List documents and provide the contact information the official procedure requires.]
This outline is a drafting aid. Complete the official requirements for the agency you choose before filing.
File with the right office
The examples below were checked September 5, 2026. Open the linked instructions again before submitting. A petition address can differ from an agency’s complaint portal or a comment docket.
Federal Trade Commission example
16 CFR § 1.31 requires petitioner contact details and interest, the requested action and affected rules, and factual and legal support—including known unfavorable information. It sets standards for research and statistical evidence. Read those standards if you rely on a study.
File with the Secretary through electronicfilings@ftc.gov or the postal route in the rule. A qualifying petition receives a docket number and contact. Docketed petitions receive public notice and a 30-day comment period. That period concerns comments on the petition; it is not a deadline to grant it.
Confidential treatment requires a separate request and public and confidential versions under the stated rules; it is not automatic. The Commission may grant or deny the petition in whole or part. Starting a proceeding is still separate from adopting a rule.
Securities and Exchange Commission example
The SEC’s petition page directs filings to its Secretary and prefers Secretarys-Office@SEC.GOV. Use one delivery method. Include the proposed text or substance, or identify what should be repealed, and explain your interest or reasons. The page links Rule 192 and lists processed petitions.
The SEC says petitions become public after processing and asks filers to omit personal identifying information. Check its instructions instead of copying the FTC’s contact-detail requirements. Publication of a petition does not show Commission endorsement.
Keep the request and the response together
Save the exact petition, attachments, delivery evidence, acknowledgement and assigned number. Record the following on a separate sheet:
Agency and rule: ____________________
Official instructions checked on: ____________________
Submission date and delivery evidence: ____________________
Petition or docket number and public link: ____________________
Agency contact and next status-check date: ____________________
Response received, reasons given and issues left unanswered: ____________________
Next act, responsible person and date: ____________________
Ask a clear status question: “Please confirm the status of petition [number], received [date], and identify any missing information or next procedural step.” Send new material through the agency’s stated process and keep each version.
5 U.S.C. § 555(b) and (e) address conclusion within a reasonable time and notice of denial, with reasons subject to the statute’s exceptions. They do not set one universal number of days for all petitions. A requested response date is your follow-up plan unless a law makes it binding.
If denied, compare the explanation against the request and evidence. Decide whether new facts, a narrower proposal or a legislative change addresses the stated obstacle. If considering court review of denial or delay, obtain review of the actual statute, standing, finality and filing deadlines. This guide does not establish those requirements for a particular case.
Measure the result: distinguish receipt, docketing, public comment, a decision to begin rulemaking, final adoption, and a verified public benefit. Each needs its own record.
Back to the wider routesPrepare a strong commentKeep a follow-through record