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

  • GSA is providing notice of a public virtual meeting of the Presidential Commission on the Supreme Court of the United States (Commission) held on June 30, 2021 from 9:00 a.m. to 5:00 p.m., ET. The purpose of this meeting is to hear testimony from experts on Supreme Court reform, the Court’s role in our constitutional system, case selection and review at the Supreme Court, and transparency in the operation of the Supreme Court. This meeting is open to the public and will be live-streamed at www.whitehouse.gov/​pcscotus/​. To attend this public virtual meeting, you must register by submitting your full name, organization (if applicable), email address, and phone number to the Designated Federal Officer, at info@pcscotus.gov by 5 p.m. ET, on June 28, 2021. Written public comments are being accepted via http://www.regulations.gov until November 15, 2021.
  • The Federal Election Commission (FEC) is seeking comment by July 2 on a petition for rulemaking asking the Commission to amend its existing regulations regarding candidate salaries and permissible uses of campaign funds. The proposed amendments would: Extend the period during which a candidate can draw a salary from campaign funds; establish a minimum salary for candidates from campaign funds; and designate the payment of certain healthcare costs as permissible uses of campaign funds. Commenters may submit comments electronically via the Commission’s website at https://sers.fec.gov/fosers/​, reference REG 2021-01.
  • The Department of Health and Human Services (HHS) is seeking comment by July 16 on a proposed rescission of the final rule entitled ‘Implementation of Executive Order on Access to Affordable Life-Saving Medications,’ published in the December 23, 2020, Federal Register. HHS is proposing the rescission due to undue administrative costs and burdens that implementation would impose on health centers. In particular, the final rule would require health centers to create and sustain new practices necessary to determine patients’ eligibility to receive certain drugs at or below the discounted price paid by the health center or subgrantees under the 340B Program, resulting in reduced resources available to support critical services to their patients—including those who use insulin and injectable epinephrine. Comments may be submitted to https://www.regulations.gov. Read more from Bloomberg Law.
  • The Food and Drug Administration (FDA) is seeking comment by July 19 on draft guidance for industry entitled ‘ICH Q12: Implementation Considerations for FDA-Regulated Products.’ The International Council for Harmonisation (ICH) guidance for industry entitled ‘Q12 Technical and Regulatory Considerations for Pharmaceutical Product Lifecycle Management’ provides a framework to facilitate the management of post-approval chemistry, manufacturing, and controls (CMC) changes in a more predictable and efficient manner. Comments can be submitted to www.regulations.gov or in writing, to Dockets Management Staff (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
  • The United States Patent and Trademark Office (USPTO) is seeking comment by July 19 on amendments to the rules of practice in trademark cases to implement provisions of the Trademark Modernization Act of 2020. The proposed rule establishes ex parte expungement and reexamination proceedings for cancellation of a registration when the required use in commerce of the registered mark has not been made, as well as other amendments. Comments can be submitted to www.regulations.gov.
  • The National Park Service is soliciting nominations for one member of the Native American Graves Protection and Repatriation Review Committee (Committee). The Secretary of the Interior will appoint one member from nominations submitted by Indian tribes, Native Hawaiian organizations, or traditional Native American religious leaders. The nominee must be a traditional Indian religious leader. Nominations must be received by August 9, 2021. Please address nominations to Melanie O’Brien, Designated Federal Officer, Native American Graves Protection and Repatriation Review Committee, via email nagpra_info@nps.gov.
  • The Department of Justice (DOJ) is seeking comment by September 8 on proposed amendments to Bureau of Alcohol, Tobacco, Firearms, and Explosives (‘ATF’) regulations that clarify when a rifle is ‘intended to be fired from the shoulder.’ The Department proposes factors ATF considers when evaluating firearms equipped with a purported ‘stabilizing brace’ to determine whether these weapons would be considered a ‘rifle’ or ‘short-barreled rifle’ under the Gun Control Act of 1968 (‘GCA’) or a ‘rifle’ or ‘firearm’ subject to regulation under the National Firearms Act (‘NFA’). Comments may be submitted here: www.regulations.gov or in writing, to Denise Brown, Mail Stop 6N-518, Office of Regulatory Affairs, Enforcement Programs and Services, Bureau of Alcohol, Tobacco, Firearms, and Explosives, 99 New York Ave. NE, Washington, DC 20226. Read more from NPR.

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

State Opportunities

  • The State University of New York (SUNY) is seeking comment by July 27 on an emergency rule that will designate all SUNY state-operated campus single occupancy bathrooms as gender neutral bathrooms. See pages 26-27 for more details. Comments may be submitted to Lisa.Campo@SUNY.edu, or in writing, to Lisa S. Campo, State University of New York, State University, Plaza, Albany, NY 12246.

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.