Regulations on Rulemaking Procedures rule (2022)
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The Regulations on Rulemaking Procedures is a significant rule issued by the Federal Emergency Management Agency (FEMA), effective April 4, 2022, that revises regulations relating to rulemaking under the Federal Emergency Management Agency.[1]
Timeline
The following timeline details key rulemaking activity:
- April 4, 2022: The final rule became effective.[1]
- March 3, 2022: The Federal Emergency Management Agency (FEMA) published the final rule.[1]
- June 7, 2017: FEMA published the final rule and opened the comment period.[1]
Background
FEMA proposed to revise its regulations on rulemaking procedures on June 7, 2017, by publishing a notice of proposed rulemaking (NPRM). In response to the proposed rule, FEMA received five public comments, but only three were related to the proposed rulemaking.[1]
Summary of the rule
The following is a summary of the rule from the rule's entry in the Federal Register:[1]
| “ | This final rule revises Federal Emergency Management Agency (FEMA) regulations pertaining to rulemaking. It removes sections that are outdated or do not affect the public and it updates provisions that affect the public's participation in the rulemaking process.[2] | ” |
Summary of provisions
The following is a summary of the provisions from the rule's entry in the Federal Register:[1]
Administrative Procedure Act exemption for public property, loans, grants, benefits, or contracts
"FEMA proposed to modify its waiver of the exemption for three separate and independent reasons: (1) It is not feasible to go through the rulemaking process for annual grant programs, which comprise the majority of FEMA grant programs; (2) the Administrative Procedure Act does not require grant program requirements (for annual grant programs or otherwise) to be in regulation; and because (3) FEMA requires flexibility to adapt quickly to legal and policy mandates. 82 FR 26413."
Petitions for rulemaking
"In the NPRM, FEMA proposed to revise its regulations regarding petitions for rulemaking to update and clarify terminology and to require that petitions be labeled “petition for rulemaking” or “rulemaking petition” to avoid situations where simple correspondence is confused with a petition."
Early and meaningful opportunity to participate in the development of rules
"In the NPRM, FEMA proposed to remove § 1.4(d), which describes FEMA's general policy of giving the public, including small entities and consumer groups, an early and meaningful opportunity to participate in the development of rules such as through advance notices of proposed rulemaking, holding open conferences, and convening public forums or panels."
Significant impact
- See also: Significant regulatory action
Executive Order 12866, issued by President Bill Clinton (D) in 1993, directed the Office of Management and Budget (OMB) to determine which agency rules qualify as significant rules and thus are subject to OMB review.
Significant rules have had or might have a large impact on the economy, environment, public health, or state or local governments. These actions may also conflict with other rules or presidential priorities. Executive Order 12866 further defined an economically significant rule as a significant rule with an associated economic impact of $100 million or more. Executive Order 14094, issued by President Joe Biden (D) on April 6, 2023, made changes to Executive Order 12866, including referring to economically significant rules as section 3(f)(1) significant rules and raising the monetary threshold for economic significance to $200 million or more.[1]
The text of the Regulations on Rulemaking Procedures rule states that OMB deemed this rule significant, but not economically significant:
| “ | The Office of Management and Budget (OMB) has designated this rule a 'significant regulatory action' although not economically significant, under section 3(f) of Executive Order 12866.[2] | ” |
Text of the rule
The full text of the rule is available below:[1]
See also
External links
Footnotes
