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 Federal Deposit Insurance Corporation (FDIC) is seeking comment by February 14 on a proposed rule to modernize the rules governing use of the official FDIC sign and insured depository institutions’ (IDIs) advertising statements to reflect how depositors do business with IDIs today, including through digital and mobile channels. The proposed rule also would clarify the FDIC’s regulations regarding misrepresentations of deposit insurance coverage by addressing specific scenarios where consumers may be misled as to whether they are doing business with an IDI and whether their funds are protected by deposit insurance. The proposal is intended to enable consumers to better understand when they are doing business with an IDI and when their funds are protected by the FDIC’s deposit insurance coverage. Comments may be submitted electronically at https://www.regulations.gov or in writing to Policy Division, Financial Crimes Enforcement Network, P.O. Box 39, Vienna, VA 22183.
  • The Internal Revenue Service (IRS) is seeking comment by February 27 on proposed regulations regarding the treatment of certain entities, including qualified foreign pension funds, for purposes of the exemption from taxation afforded to foreign governments (the “proposed regulations”). The proposed regulations also address the determination of whether a qualified investment entity is domestically controlled, including the treatment of qualified foreign pension funds for this purpose. Comments may be submitted electronically at https://www.regulations.gov or in writing to CC:PA:LPD:PR (REG-100442-22), Room 5203, Internal Revenue Service, P.O. Box 7604, Ben Franklin Station, Washington, DC 20044.
  • The Federal Trade Commission (FTC) is seeking comment by March 6 on a proposed rule that aims to ban employers from imposing or enforcing non-compete clauses on workers. The FTC’s proposed rule would functionally serve as a complete ban on non-compete clauses and contractual provisions or employment policies that have a similar effect. Comments may be submitted online at https://www.regulations.gov or by mailing a hard copy of any comment to either of the following addresses: (1) Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue, NW, Suite CC-5610 (Annex C), Washington, DC 20580; or (2) Federal Trade Commission, Office of the Secretary, Constitution Center, 400 7th Street SW, 5th Floor, Suite 5610, Washington, DC 20024.
  • The U.S. Department of Housing and Urban Development (HUD) is seeking comment by March 17 on a proposed rule to revise the regulations governing the Section 184 Indian Home Loan Guarantee Program fiscally strengthen the program by clarifying rules for Lenders, Tribes, and Borrowers. As the program has experienced an increase in demand, it now requires an update to the implementing regulations to minimize potential risk and increase program participation by financial institutions. This proposed rule strives to modernize and enhance the Section 184 Program by adding participation and eligibility requirements for Lenders and other financial institutions. This proposed rule would also clarify the rules governing Tribal participation in the program, establish underwriting requirements, specify rules on the closing and endorsement process, establish stronger and clearer servicing requirements, establish program rules governing claims submitted by Servicers and paid by HUD, and add standards governing monitoring, reporting, sanctions and appeals. This rule would add new definitions and make statutory conforming amendments, including the categorical exclusion of the Section 184 program in HUD’s environmental review regulations. Ultimately, the changes made by this proposed rule would promote program sustainability, increase Borrower protections, and provide clarity for new and existing Lenders who participate in the program. Comments may be submitted electronically at https://www.regulations.gov or in writing to the Regulations Division, Office of General Counsel, Department of Housing and Urban Development, 451 7th Street SW, Room 10276, Washington, DC 20410-0500.

 

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 at Bowie State University on January 27, 2023, at 11:30 am – 2:30 pm EST, to discuss cases of racially motivated lynching with the public. An agenda for the meeting can be found here.
  • The California Reparations Task Force will hold an in-person public meeting in San Diego, California on January 27, 2023 and January 28, 2023 at 9:00 A.M. PT, studying the institution of slavery and its lingering negative effects on living African Americans. The California Department of Justice will also facilitate Task Force consultation with various experts on California history and reparations. An agenda for 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

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.