Notice and Comment
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. 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.
Top Notice and Comment Opportunities
- The Department of Education is seeking comment by February 10 on a proposed rule to amend the regulations governing income-contingent repayment plans by amending the Revised Pay as You Earn (REPAYE) repayment plan, and to restructure and rename the repayment plan regulations under the William D. Ford Federal Direct Loan (Direct Loan) Program, including combining the Income Contingent Repayment (ICR) and the Income-Based Repayment (IBR) plans under the umbrella term of “Income-Driven Repayment (IDR) plans. Comments may be submitted at www.regulations.gov.
- 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 Department of Housing and Urban Development (HUD) is seeking comment by March 6 on a proposed rule to amend its regulations covering rental housing assistance for the Native Hawaiian Housing Block Grant (NHHBG) program, consistent with the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA). HUD proposes to clarify and improve consistency with NAHASDA’s statutory requirements and HUD’s Indian Housing Block Grant program regulations. This proposed rule would also help make affordable housing opportunities, in the form of NHHBG-assisted rental housing, more available to eligible Native Hawaiian families. Comments may be submitted electronically at www.regulations.gov or by mail to the Regulations Division, Office of General Counsel, Department of Housing and Urban Development, 451 7th Street SW, Room 10276, Washington, DC 20410-0500.
- The Department of Health and Human Services along with other agencies listed here are seeking comment by March 14 on a proposed rule to amend their regulations to clarify protections for beneficiaries and potential beneficiaries receiving federally funded social services and the rights and obligations of organizations providing such services. This clarification should promote maximum participation by beneficiaries and providers in the Agencies’ covered programs and activities and ensure consistency in the implementation of those programs and activities. Comments may be submitted at www.regulations.gov, or mailed to the Regulations Division, Office of General Counsel, U.S. Department of Housing and Urban Development, 451 7th Street SW, Room 10276, Washington, DC 20410-0500.
- 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.
- The Department of Treasury is seeking comment by March 20 on a proposed rule that would update the description of the distinctive paper and distinctive counterfeit deterrents used to guard against counterfeit and fraudulently altered United States (U.S.) Federal Reserve notes in accordance with the U.S. Code. The Department of the Treasury, Bureau of Engraving and Printing (BEP) is amending its distinctive paper and distinctive counterfeit deterrents regulation to remove obsolete language to align the regulation to the current state-of-art and emerging technologies generated as a result of BEP’s research and development initiatives; clarify the agency’s authority for adopting distinctive paper and distinctive counterfeits deterrents; and announce the adoption of new distinctive paper and counterfeit deterrents by the Secretary of the Treasury. Comments may be submitted to http://www.regulations.gov or mailed to the Office of the Chief Counsel, United States Department of the Treasury, Bureau of Engraving and Printing, 14th and C Streets SW, Washington, DC 20228, Room 419-A, Attention: Leslie J. Rivera Pagán, Amendments to 31 CFR part 601.
- The Department of Housing and Urban Development (HUD) is seeking comment by March 21 on a proposed rule to implement the obligation to affirmatively further the purposes and policies of the Fair Housing Act, Title VIII of the Civil Rights Act of 1968, which directs the government to promote fair housing choice, eliminate disparities in housing, and foster inclusive communities. While building avenues for greater accountability, this proposed rule streamlines the required fair housing analysis for local communities, states, and public housing agencies and requires them to set ambitious goals to address fair housing issues facing their communities, among other landmark changes. Comments may be submitted by mail to the Regulations Division, Office of General Counsel, Department of Housing and Urban Development, 451 7th Street, S.W., Room 10276, Washington, D.C. 20410-0500 or electronically at www.regulations.gov.
Members can also search the Federal Register for other comment opportunities.
- The Maryland Lynching Truth and Reconciliation Commission will hold a public meeting at Bowie State University on February 13, 2023, at 11:30 am – 2:30 pm EST, to discuss cases of racially motivated lynching with the public. More information about the meeting can be found here.
- The CA Department of Corrections and Community Supervision is seeking comment by February 25 on a proposed rule to revise regulations to be in compliance with the new HALT legislation and applicable laws. The original rulemaking was proposed in order to comply with the new HALT legislation regarding the removal of keeplock (a punishment confining an incarcerated individual to a population cell or dorm), limiting the use of segregated confinement for incarcerated individuals, representation of individuals at disciplinary hearings, and other applicable laws. See page 12 for more information. Comments may be submitted to Rules@DOCCS.ny.gov or mailed here: Cathy Sheehan, Acting Deputy Commissioner and Counsel, Department of Corrections and Community Supervision, 1220 Washington Avenue, Harriman State Campus, Albany, NY 12226-2050.
- The California Reparations Task Force will hold an in-person public meeting in Sacramento, California on March 3, 2023 and March 4, 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. More information about the meeting can be found here.
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.
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.