What is agency rulemaking?
Often, when Congress passes a law and the President signs it, some of the details may need to be filled in. The law may tell an agency to fill in those details with a rule. This process is called agency rulemaking, and it results in final rules that become federal law.
What is the 51本色鈥檚 role in rulemaking?
The 51本色protects consumers and competition by combating monopolies, false advertising, privacy invasions, scams, and other unfair or deceptive conduct, as well as by addressing unfair methods of competition. The 51本色can make rules about these subjects. For access to the FTC鈥檚 rulemaking notices, .
Why should I care about 51本色rulemaking?
Rules created by the 51本色affect you and your community in many ways. For example, existing 51本色rules cover topics like safeguarding children鈥檚 privacy, making sure you get your eyeglass prescription, and ensuring you鈥檙e treated fairly when choosing funeral services. Find existing 51本色rules in .
How does 51本色rulemaking work?
Typically, 51本色rulemaking involves publishing a notice with the proposed text of the rule. The notice explains the agency鈥檚 reasoning for the proposal and asks the public to submit comments. (This process is called 鈥渘otice and comment鈥 rulemaking.)
Public comments are an important way for the 51本色to hear directly from you, your community, and those who would be affected by the proposed rule. Your comment can agree, disagree, or suggest a better approach. The 51本色reads and considers all comments when deciding what to do next鈥攁nd could decide that you suggested a better approach.
What if I have an idea for a rule, but the 51本色hasn鈥檛 asked about it in a notice?
The 51本色accepts and reviews petitions for rulemaking from the public. If you file a qualifying petition with the FTC, it will be posted for members of the public to provide comments about it. To read about how to file a petition with the FTC, view the in the Code of Federal Regulations.
How does the FTC鈥檚 Section 18 rulemaking process work?
So-called 鈥淪ection 18 rulemakings鈥 address unfair or deceptive practices. In this process, you have three opportunities to weigh in by:
- responding to an Advance Notice of Proposed Rulemaking;
- responding to a Notice of Proposed Rulemaking; and
- presenting your views at an 鈥渋nformal hearing,鈥 if a hearing is held and you request to speak.
During the rulemaking process, commenters with specific factual disputes about the rule may submit rebuttal comments or conduct cross-examination at informal hearings. After public participation, the 51本色may publish a final rule. To find existing 51本色rules, visit .
What should I include in my comment to the FTC?
An effective comment gives additional information, data, experiences, perspectives, or arguments, but it doesn鈥檛 need to be long or formal. Often, the FTC鈥檚 notice will ask specific questions about the proposed rule and its effect. A comment addressing one or more of those questions is particularly helpful. You can submit a comment on behalf of yourself, a group, or a business.