FEMA is committed to ensuring that our regulatory initiatives are aligned with FEMA’s core values of compassion, fairness, integrity, and respect.
Legal Authorities
The following legal authorities provide some of the major requirements for the federal rulemaking process:
- The Administrative Procedure Act (APA), 5 U.S.C §551 et seq. governs the process by which federal agencies develop and issue regulations.
- The Regulatory Flexibility Act (RFA), 5 U.S.C. §601 et seq. requires federal agencies, when developing proposed and final regulations, to consider the impact of regulations on small entities.
- Executive Order 12866 “Regulatory Planning and Review” and Executive Order 13563 “Improving Regulation and Regulatory Review” direct federal agencies to follow certain principles in rulemaking, such as the consideration of alternatives and careful analysis of benefits and costs, and describes the Office of Information and Regulatory Affairs’ role in the federal rulemaking process.
- Rulemaking, Policy, and Procedures 44 CFR 1. This regulation contains FEMA's procedures for informal rulemaking, under the Administrative Procedure Act, that affects the public. This part does not apply to rules issued in accordance with the formal rulemaking provisions of the Administrative Procedure Act.
- If you have sent a rulemaking petition to FEMA, you can request the processing status by e-mailing fema-regulations@fema.dhs.gov.
DHS Rulemaking
