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

  • Pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights and the Federal Advisory Committee Act, the Illinois Advisory Committee to the U.S. Commission on Civil Rights will hold a virtual business meeting at 3:00 p.m. CT on Tuesday, January 18, 2022 via Webex here: https://civilrights.webex.com/​meet/​afortes. The Committee will continue planning a series of web hearing on the topic, Equal Access to Post-Secondary Education. Members of the public are also entitled to submit written comments; the comments must be received in the regional office within 30 days following the meeting. Written comments may be emailed to Liliana Schiller at lschiller@usccr.gov.
  • The Department of Homeland Security (DHS) and the Interagency Task Force on the Reunification of Families is extending the deadline to January 25 for the submission of public comments in response to its December 10, 2021 notice on recommendations to minimize the separation of migrant parents and legal guardians and children entering the United States, consistent with the law. This input will help in the drafting of a report required by the Executive order titled “Establishment of Interagency Task Force on the Reunification of Families. Comments may be submitted to: https://www.regulations.gov.
  • The Department of Labor (DOL) is seeking comment by January 31 on a proposed rule to amend its regulations governing the certification of agricultural labor or services to be performed by temporary foreign workers in H-2A nonimmigrant status. Specifically, the Department proposes to revise the methodology by which it determines the hourly Adverse Effect Wage Rates (AEWRs) for non-range occupations. These proposed regulations are consistent with the Secretary of Labor’s statutory responsibility to certify that the employment of H-2A workers will not adversely affect the wages and working conditions of workers in the United States similarly employed. Comments may be submitted to www.regulations.gov.
  • In accordance with the Federal Advisory Committee Act, the CDC announces the following meeting of the Advisory Board on Radiation and Worker Health (ABRWH). The meeting will be held on February 16, 2022, from 11:00 a.m. to 1:00 p.m., EST and is open to the public. Written comments must be received on or before February 9, 2022, and will be included in the official record of the meeting. The public is also welcomed to listen to the meeting by joining the teleconference via FTS Conferencing: The USA toll-free dial-in number is 1-866-659-0537; the pass code is 9933701. Comments may be submitted by mail to: Sherri Diana, National Institute for Occupational Safety and Health, 1090 Tusculum Avenue, MS C-34, Cincinnati, Ohio 45226.
  • The Federal Housing Finance Agency (FHFA) is seeking comment by February 22 on a proposed rule to require the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac, and with Fannie Mae, each an Enterprise) to submit annual capital plans to the Agency and provide prior notice for certain capital actions (the proposal or proposed rule). The Agency is also incorporating the determination of the stress capital buffer into the capital planning process. The requirements in this proposal are consistent with the regulatory framework for capital planning for large bank holding companies. Comments may be submitted to https://www.regulations.gov and RegComments@fhfa.gov, or in writing, to Clinton Jones, General Counsel, Attention: Comments/RIN 2590-AB16, Federal Housing Finance Agency, 400 Seventh Street SW, Washington, DC 20219.
  • The Federal Trade Commission is seeking comment by February 22 on a proposed rule to commence a rulemaking proceeding to address certain deceptive or unfair acts or practices of impersonation. The Commission is soliciting written comment, data, and arguments concerning the need for such a rulemaking to prevent persons, entities, and organizations from impersonating government agencies or staff and businesses or their agents. Comments may be submitted to https://www.regulations.gov or in writing, to the Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW, Suite CC-5610 (Annex B), Washington, DC 20580.
  • The Department of State is seeking comment February 28 on proposed adjustments to the Schedule of Fees for Consular Services of the Bureau of Consular Affairs for several nonimmigrant visa application processing fees, the Border Crossing Card for Mexican citizens age 15 and over, and the waiver of the two-year residency requirement fee. The proposed changes are based on the findings of the most recently approved update to the Cost-of-Service Model. They ensure that the fees for providing these consular services better align with the costs of providing the services. Comments may be submitted to http://www.regulations.gov, or emailed to fees@state.gov.

 

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

State Opportunities

  • The Maryland Lynching Truth and Reconciliation Commission will hold public meetings on February 14, 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.