17 C.F.R. § 201.192

Rulemaking: Issuance, amendment and repeal of rules of general application

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(a) By petition. Any person desiring the issuance, amendment or repeal of a rule of general application may file a petition therefor with the Secretary. Such petition shall include a statement setting forth the text or the substance of any proposed rule or amendment desired or specifying the rule the repeal of which is desired, and stating the nature of his or her interest and his or her reasons for seeking the issuance, amendment or repeal of the rule. The Secretary shall acknowledge, in writing, receipt of the petition and refer it to the appropriate division or office for consideration and recommendation. Such recommendations shall be transmitted with the petition to the Commission for such action as the Commission deems appropriate. The Secretary shall notify the petitioner of the action taken by the Commission.

(b) Notice of proposed issuance, amendment or repeal of rules. Except where the Commission finds that notice and public procedure are impracticable, unnecessary, or contrary to the public interest, whenever the Commission proposes to issue, amend, or repeal any rule or regulation of general application other than an interpretive rule; general statement of policy; or rule of agency organization, procedure, or practice; or any matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts, there shall first be published in the Federal Register a notice of the proposed action. Such notice shall include:

(1) A statement of the time, place, and nature of the rulemaking proceeding, with particular reference to the manner in which interested persons shall be afforded the opportunity to participate in such proceeding;

(2) Reference to the authority under which the rule is proposed; and

(3) The terms or substance of the proposed rule or a description of the subjects and issues involved.

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 2015–2025 · leading case: New York Repub. State Comm. v. Sec. & Exch. Comm'n, 799 F.3d 1126 (D.C. Cir. 2015).

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New York Repub. State Comm. v. Sec. & Exch. Comm'n, 799 F.3d 1126 (D.C. Cir. 2015). “17 C.F.R. § 201.192 (a). If the Commission denies an individual’s petition, she may then petition this court for review of the Commission’s decision to deny the petition.”

Rabin v. Nasdaq Omx Phlx LLC, 182 F. Supp. 3d 220 (E.D. Pa. 2016). “17 C.F.R. § 201.192 ; 15 U.S.C. § 78s(b).”

Scottsdale Capital Advisors Corp. v. Fin. Indus. Regulatory Auth., Inc., 844 F.3d 414 (4th Cir. 2016). “See 17 C.F.R, § 201.192. The SEC’s decision on FINRA’s rule would be final agency action of which Scottsdale could then seek review in the appropriate court of appeals, 15 U.”

Coinbase Inc v. SEC, 126 F.4th 175 (3rd Cir. 2025). “” 17 C.F.R. § 201.192 (a). 12 decentralized and open-source nature of blockchain- based digital asset securities.”

Alpine Sec. Corp. v. Fin. Indus. Regulatory Auth. (D. Utah 2021). “56 See 17 C.F.R. § 201.192 (“Any person desiring the issuance, amendment or repeal of a rule of general application may file a petition therefor with the Secretary.”

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