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 U.S. Department of Education (Department) is seeking comments by September 24 regarding the administration of the Public Service Loan Forgiveness (PSLF) program. The Office of the Under Secretary solicits these comments to identify operational improvements to the PSLF program and to inform determinations about technical improvements, borrower experiences, policy considerations, or other factors that should be considered to improve access to PSLF. Comments may be submitted to www.regulations.gov or mailed to the Office of the Under Secretary, U.S. Department of Education, 400 Maryland Avenue SW, Room [7E307], Washington, DC 20202. Read more from CNBC and Business Insider.
  • The Director of the Census Bureau is seeking nominations by September 30 for the Census Scientific Advisory Committee (CSAC). The purpose of the CSAC is to provide advice to the Director on the full range of Census Bureau programs and activities including communications, decennial, demographic, economic, field operations, geographic, information technology, and statistics. The Director has determined that the work of the CSAC is in the public interest and relevant to the duties of the Census Bureau. Nominations may be submitted to census.scientific.advisory.committee@census.gov.  Additional information concerning the CSAC can be found by visiting the CSAC’s website.
  • The Director of the Census Bureau is seeking nominations by September 30 for the National Advisory Committee on Racial, Ethnic and Other Populations (NAC). The purpose of the NAC is to provide advice to the Director on the full range of economic, housing, demographic, socioeconomic, linguistic, technological, methodological, geographic, behavioral and operational variables affecting the cost, accuracy and implementation of Census Bureau programs and surveys, including the decennial census. Nominations may be submitted to: census.national.advisory.committee@census.gov. Additional information concerning the NAC can be found by visiting the NAC’s website.
  • The Federal Election Commission is seeking comment by October 4 on amendments to existing regulations regarding reporting expenditures and certain other disbursements. The proposed amendments would require political committees and persons who make independent expenditures and electioneering communications to itemize certain payments made by vendors to others on behalf of the reporting entities. Comments may be submitted to the Commission’s website at http://sers.fec.gov/​fosers/​, reference REG 2021-02.
  • The National Institute for Occupational Safety and Health (NIOSH) opened a notice to request information on the Needs and Challenges in Personal Protective Equipment (PPE) Use for Underserved User Populations. NIOSH is extending the public comment period to October 15, 2021. Interested parties may send information to ppeconcerns@cdc.gov, or in writing to NIOSH, Attn: Sherri Diana, National Institute for Occupational Safety and Health, NIOSH Docket Office, 1090 Tusculum Avenue, MS C-34, Cincinnati, Ohio 45226-1998. Read more from ABC News.
  • The Department of Justice (DOJ) and the Department of Homeland Security (DHS) are seeking comment by October 19 on a proposed rule to amend the regulations governing certain protection claims raised by individuals subject to expedited removal and found to have a credible fear of persecution or torture. These changes are intended to improve the Departments’ ability to consider the asylum claims of individuals encountered at or near the border more promptly while ensuring fundamental fairness. Comments may be submitted to https://www.regulations.gov/. Read more from Reuters and CNN.
  • The Comptroller of the Currency is seeking comment by October 29 on a proposed rule to replace the current Community Reinvestment Act rule with rules based on the 1995 Community Reinvestment Act (CRA) rules issued by the Office of the Comptroller of the Currency (OCC), Board of Governors of the Federal Reserve System (Board), and Federal Deposit Insurance Corporation (FDIC). The proposal would replace the existing rule applicable to both national banks and savings associations with two separate rules, one for national banks and one for savings associations. Such action would effectively rescind the CRA final rule published by the Office of the Comptroller of the Currency on June 5, 2020, and facilitate the issuance of joint CRA rules with the Board and FDIC. Comments may be submitted to https://regulations.gov/​ or mailed to the Chief Counsel’s Office, Attention: Comment Processing, Office of the Comptroller of the Currency, 400 7th Street SW, Suite 3E-218, Washington, DC 20219.

Members can also search the Federal Register for other comment opportunities.

State Opportunities

  • The Illinois Department of State Police is seeking comment by October 9 on a proposed rule to revise the Firearms Owner Identification Card Act (FOID). The rule deals with amendments to the application procedures, renewal procedures, validation issues, revocation and suspension procedures, and appeal procedures. Comments may be submitted to Ms. Maureen B. McCurry, Chief Legal Counsel, Illinois State Police, 801 South 7th Street, Suite 1000-S Springfield IL, 62703.
  • The Maryland Lynching Truth and Reconciliation Commission will hold public meetings on Oct 11, 2021 11:30 AM ET, to discuss cases of racially motivated lynching with the public. To attend, you must register here prior to the meeting. Click here to learn about the procedures for public comment during the meeting.

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

Listen here

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.