Notice and Comment
Get involved in the federal regulatory process
About
Submitting a comment for a federal or state notice of proposed rulemaking is one of the simplest and essential ways for the public to participate in the rulemaking process. ACS’s Notice and Comment initiative identifies opportunities to comment on key regulations put forth by federal and state agencies. ACS monitors the federal register for notices of proposed regulatory changes and highlights select opportunities that may be of interest to our members. ACS encourages our members to write and submit comments, but we are also looking for volunteers to research comments and provide expert talking points to guide comment writing. For more information, check out our Notice and Comment Webinar.
Please email LCEmails@acslaw.org with the subject line “Notice and Comment” for more information.
State Regulation Monitors
Seeking Volunteers for Monitoring Proposed Regulatory Changes in the States
ACS is expanding its Notice and Comment Project, which monitors regulations and policy-making and then highlights select opportunities that may be of interest to our members, to include all 50 states. There is currently no single location to find proposed regulatory changes for all 50 states. Not only that, but many state proposed regulatory changes are difficult to monitor and not easily accessible to the general public. ACS is looking for volunteers to monitor, on a weekly basis, state notices of proposed rulemaking. Please email LCEmails@acslaw.org for more information.
Federal Opportunities
Top Notice and Comment Opportunities
- The Department of State (DOS) is seeking public comment on changes to the passport application and renewal process. The changes require new applicants, renewal applicants, and individuals applying for a name change to a passport issued 1 year ago or less to list their “biological sex at birth” instead of their gender. This change creates unnecessary barriers for transgender, nonbinary, and intersex individuals, many of whom already face discrimination and delays when obtaining accurate identification. Comments regarding first time passport applications are due March 17 and comments regarding passport renewal or name change/ corrections are due March 20 and can be submitted here with Advocates for Trans Equality.
- U.S. Customs and Border Protection with in the Department of Homeland Security (DHS) is seeking comment by March 24 on a proposed rule to tighten the de minimis duty exemption for certain low-value shipments entering the United States. Comments may be submitted electronically at https://www.regulations.gov.
- The United States Sentencing Commission is seeking comment by May 1 on certain issues relating to offenses involving fentanyl, fentanyl analogues, and other opioids. As part of its statutory authority and responsibility to analyze sentencing issues and sentencing guidelines, the Commission is publishing these issues for comment to inform the Commission’s consideration of the issues related to this topic. The issues for comment are set forth in the Supplementary Information portion of the notice here. Comments may be submitted electronically at https://comment.ussc.gov, or by mail to the following address: United States Sentencing Commission, One Columbus Circle NE, Suite 2-500, Washington, DC 20002-8002, Attention: Public Affairs—Fentanyl and Other Opioids.
- The Food and Drug Administration (FDA) is seeking comment by September 25 on a proposed rule to update tobacco product standards that would regulate nicotine yield by establishing a maximum nicotine level in cigarettes and certain other combusted tobacco products. FDA is proposing this action to reduce the addictiveness of these products, thus giving people who are addicted and wish to quit the ability to do so more easily. Comments may be submitted electronically at https://www.regulations.gov, or by mail to: Dockets Management Staff (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
Members can also search the Federal Register for other comment opportunities.
State Opportunities
- The Maryland Lynching Truth and Reconciliation Commission will hold a public meeting on Monday, March 10, 2025, at 11:30 am EST, to discuss cases of racially motivated lynching with the public. More information about the meeting can be found here.
Webinar
On September 19, ACS hosted a webinar on notice and comment procedure. Whether you care about environmental regulations, conditions for millions of workers across the country, financial controls, or any number of regulatory issues, this valuable training seminar covers the basics of the process that underlies all regulatory action with two seasoned experts. Notice and comment is a key oversight tool for agency activity, particularly in the current political environment, and it’s also a great way to develop knowledge in a particular area of the law. Whether you are an experienced practitioner or a law student still developing your experience, you can participate in notice and comment procedure to bring about change.
Featuring
Jill Dash, American Constitution Society, moderator
Emily Hogin, Perkins Coie
Raj Nayak, National Employment Law Project
Karl Sandstrom, Perkins Coie
Get involved in the federal regulatory process. Submitting a comment for a federal or state notice of proposed rulemaking is one of the simplest and essential ways for the public to participate in the rulemaking process. ACS’s Notice and Comment initiative identifies opportunities to comment on key regulations put forth by federal and state agencies.