The Department of Homeland Security has been given the responsibility for the construction of a fence along the border between the United States and Mexico. The Department has not followed the 30-day comment rule on the composition and location of the proposed fence. The Department: a. has not complied with the rulemaking requirements and cannot proceed with the fence. b. can allow as short of a comment time as it wants as long as there is notice. c. does not have an enabling statute to allow for a comment period. d. does not need to follow comment periods for building a fence.
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