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 Health and Human Services (HHS) is seeking comment by October 3 on a proposed rule on Section 1557 of the Affordable Care Act (ACA). Section 1557 prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in certain health programs and activities. Section 1557(c) of the ACA authorizes the Secretary of the Department to promulgate regulations to implement the nondiscrimination requirements of Section 1557. The Department is also proposing to revise its interpretation regarding whether Medicare Part B constitutes Federal financial assistance for purposes of civil rights enforcement and to revise nondiscrimination provisions to prohibit discrimination on the basis of sexual orientation and gender identity in regulations issued by the Centers for Medicare & Medicaid Services (CMS) governing Medicaid and the Children’s Health Insurance Program (CHIP); Programs of All-Inclusive Care for the Elderly (PACE); health insurance issuers and their officials, employees, agents, and representatives; States and the Exchanges carrying out Exchange requirements; agents, brokers, or web-brokers that assist with or facilitate enrollment of qualified individuals, qualified employers, or qualified employees; issuers providing essential health benefits; and qualified health plan issuers. You may submit electronic comments at https://www.regulations.gov. You may mail written comments to: U.S. Department of Health and Human Services, Office for Civil Rights, Attention: 1557 NPRM (RIN 0945-AA17), Hubert H. Humphrey Building, Room 509F, 200 Independence Avenue SW, Washington, DC 20201.
  • The Department of Veterans Affairs (VA) is seeking comments by October 11 on amendments to medical regulations to remove the exclusion on abortion counseling and establish exceptions to the exclusion on abortions in the medical benefits package for veterans who receive care set forth in that package, and to remove the exclusion on abortion counseling and expand the exceptions to the exclusion on abortions for Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA) beneficiaries. Comments may be submitted through www.regulations.gov. Read more from The Washington Post and NPR.
  • The U.S. Department of Transportation (DOT) is seeking comment by November 1 on a proposed rule to codify its longstanding interpretation that it is an unfair business practice for a U.S. air carrier, a foreign air carrier, or a ticket agent to refuse to provide requested refunds to consumers when a carrier has cancelled or made a significant change to a scheduled flight to, from, or within the United States, and consumers found the alternative transportation offered by the carrier or the ticket agent to be unacceptable. The Department is also proposing to require that U.S. and foreign air carriers and ticket agents provide non-expiring travel vouchers or credits to consumers holding non-refundable tickets for scheduled flights to, from, or within the United States who are unable to travel as scheduled in certain circumstances related to a serious communicable disease. Furthermore, the Department is proposing to require U.S. and foreign air carriers and ticket agents provide refunds, in lieu of non-expiring travel vouchers or credits, if the carrier or ticket agent received significant financial assistance from the government as a result of a public health emergency. The NPRM proposes to allow carriers and ticket agents to require consumers provide evidence to support their assertion of entitlement to a travel voucher, credit, or refund. Comments may be submitted to: https://www.regulations.gov. A virtual meeting on Monday, August 22, 2022, from 10:00 a.m. to 5:30 p.m., ET will be open to the public and held via the Zoom Webinar Platform. Requests to attend the meeting must be submitted to https://usdot.zoomgov.com/​webinar/​register/​WN_​e_​B-NtXfT8KlqgoNCH3f7w. Virtual attendance information will be provided upon registration, and an agenda will be available on the Department’s Office of Aviation Consumer Protection website in advance of the meeting.

 

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

State Opportunities

  • The California Reparations Task Force will hold public meetings in-person on September 23, 2022 and September 24, 2022 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.
  • The Maryland Lynching Truth and Reconciliation Commission will hold a public meeting on October 17, 2022 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.
  • On Saturday, October 8, 2022 at 9:00 AM ET the Maryland Lynching Truth and Reconciliation Commission (MLTRC) is holding a public hearing for Anne Arundel County at the City of Annapolis Council Chambers, 160 Duke of Gloucester Street Annapolis, MD 21401. The hearings will explore the involvement of State, county, and local government entities and news media in cases of racially motivated lynching. To register, please visit their website 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.