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  • The Federal Highway Administration (FHWA) is seeking comment by January 29, 2021 on a proposed rule to delete “outdated” and “duplicative” regulations requiring State highway agencies to submit annual Equal Employment Opportunity plans for FHWA approval. Comments may be submitted here: http://www.regulations.gov/ or in writing, to the U.S. Department of Transportation, Dockets Management Facility, 1200 New Jersey Ave. SE, Washington, DC 20590.
  • The Office of the Comptroller of the Currency (OCC) is seeking comment by February 2, 2021 on the OCC’s proposed approach to determine the Community Reinvestment Act (CRA) evaluation measure benchmarks, retail lending distribution test thresholds, and community development minimums under the general performance standards. Comments may be submitted here: http://www.regulations.gov/ or in writing, to Chief Counsel’s Office, Attention: Comment Processing, Office of the Comptroller of the Currency, 400 7th Street SW, Suite 3E-218, Washington, DC 20219.
  • The Federal Reserve Board is seeking comment by February 16, 2021 on an advance notice of proposed rulemaking on updating the Community Reinvestment Act (CRA) regulatory framework to effectively meet the needs of low- and moderate-income communities and address inequities in credit access. Comments may be sent to regs.comments@federalreserve.gov or in writing, to Ann E. Misback, Secretary, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue NW, Washington, DC 20551. Read more from The Urban Institute.

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

State Opportunities

  • The New York State Education Department is seeking comment by March 1 on a proposed amendment that aligns the DASA pro- visions of the Commissioner’s regulations with the Crown Act by adding definitions for the terms “race” and “protective hairstyles” consistent with the definitions added by the Crown Act and provides an additional illustrative example of discrimination based on natural hair or hairstyles. See pages 19-22 for more details. Comments may be submitted to Regcomments@nysed.gov or in writing, to Kathleen DeCataldo, Assistant Commissioner Office of Student Support Services, NYS Education Department, 89 Washington Avenue, Room 218-M-EB, Albany NY 122234.
  • The New York State Office of Children and Family Services is seeking comment by February 21 on a proposed rule regarding procedures for requesting and conducting criminal history disqualification reviews. This rule clarifies that applicants must request a review within thirty days of receipt of the letter notifying the applicant that he or she is ineligible for the role and that there is a right for review, and that an applicant who timely requests a review has the option to request the method of review. See pages 1-2 for more details. Comments can be submitted to Regcomments@ocfs.ny.gov or in writing, to Frank J. Nuara, New York State Office of Children and Family Services, 52 Washington Street, Rensselaer, NY 12144.

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.