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 Deposit Insurance Corporation (FDIC) is seeking comments by May 31 from interested parties regarding the application of the laws, practices, rules, regulations, guidance, and statements of policy (together, regulatory framework) that apply to merger transactions involving one or more insured depository institution, including the merger between an insured depository institution and a noninsured institution. The FDIC is interested in receiving comments regarding the effectiveness of the existing framework in meeting the requirements of section 18(c) of the Federal Deposit Insurance Act (known as the Bank Merger Act). Comments may be submitted at https://www.fdic.gov/​resources/​regulations/​federal-register-publications/​, emailed to Comments@fdic.gov, or mailed to James P. Sheesley, Assistant Executive Secretary, Attention: Comments—RIN 3064-ZA31, Federal Deposit Insurance Corporation, 550 17th Street NW, Washington, DC 20429.
  • The Food and Drug Administration (FDA) is seeking comment by June 6, 2022 on proposed national standards for the licensing of prescription drug wholesale distributors, as directed under the Drug Supply Chain Security Act (DSCSA). Pursuant to the Federal Food, Drug, and Cosmetic Act (FD&C Act), as amended by the DSCSA, the proposed rule would establish standards for all State and Federal licenses issued. Comments may be submitted to https://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 Department of Health and Human Services (HHS) is seeking comment by June 6 on a proposed rule to revise the Mandatory Guidelines for Federal Workplace Drug Testing Programs using Oral Fluid which was published in the Federal Register on October 25, 2019. Comments may be submitted at https://www.regulations.gov, or mailed to SAMHSA, Center for Substance Abuse Prevention (CSAP), Division of Workplace Programs (DWP), 5600 Fishers Lane, Room 16N02, Rockville, MD 20857. Read more from The Wall Street Journal.
  • The Securities and Exchange Commission (SEC) is seeking comment by June 10 on a set of proposed rules under the Securities Exchange Act of 1934 (SEA) that would create a regime for the registration and regulation of security-based swap execution facilities (SBSEFs) and address other issues relating to security-based swap (SBS) execution generally. One of the rules being proposed as part of Regulation SE would implement part of the Dodd-Frank Act, which is intended to mitigate conflicts of interest at SBSEFs and national securities exchanges that trade SBS. Other rules being proposed as part of Regulation SE would address the cross-border application of the SEA’s trading venue registration requirements and the trade execution requirement for SBS. In addition, the Commission is proposing to amend an existing rule to exempt, from the SEA definition of “exchange,” certain registered clearing agencies as well as registered SBSEFs that provide a market place only for SBS. The Commission also is proposing a new rule that, while affirming that an SBSEF would be a broker under the SEA, would exempt a registered SBSEF from certain broker requirements. Finally, the Commission is proposing certain new rules and amendments to its Rules of Practice to allow persons who are aggrieved by certain actions by an SBSEF to apply for review by the Commission. The Commission also is withdrawing all previously proposed rules regarding these subjects. Comments may be submitted at http://www.sec.gov/​rules/​submitcomments.htm, emailed tovrule-comments@sec.gov, or mailed to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090. Read more from CNBC and Bloomberg Law.
  • The Bureau of Indian Affairs and the Department of the Interior are seeking comment by July 6 on the continuation of an express prohibition on re-petitioning under the U.S. Department of the Interior’s regulations for Federal acknowledgment of Indian Tribes. When first promulgated in 1978, the acknowledgment regulations did not provide a regulatory path that allowed re-petitioning, and since 1994, the regulations have expressly prohibited petitioners who have received a negative final determination from the Department from re-petitioning. The most recent update to the regulations in 2015 continued this ban, but two Federal district courts held that the Department’s stated reasons for implementing the ban, as articulated in the 2015 final rule updating the regulations (2015 final rule), were arbitrary and capricious, and remanded to the Department for further consideration. The Department has undertaken further consideration and is proposing to maintain the ban, albeit with revised justifications, in light of the Federal district courts’ orders. Comments may be submitted to https://www.regulations.gov/, or emailed to consultation@bia.gov. Consultation sessions with federally recognized Indian Tribes will be held on Thursday, June 2, 2022, 3 p.m. to 5 p.m. ET and Monday, June 6, 2022, 2 p.m. to 4 p.m. ET. A listening session for present, former, and prospective petitioners will be held on Thursday, June 9, 2022, 3 p.m. to 5 p.m. ET.
  • The Food and Drug Administration (FDA) is seeking comment by July 7 on the draft guidance entitled “Cybersecurity in Medical Devices: Quality System Considerations and Content of Premarket Submissions.” As more medical devices are becoming interconnected, cybersecurity threats have become more numerous, more frequent, more severe, and more clinically impactful. This draft guidance is intended to further emphasize the importance of ensuring that devices are designed securely, are designed to be capable of mitigating emerging cybersecurity risks throughout the Total Product Life Cycle, and to clearly outline FDA’s recommendations for premarket submission content to address cybersecurity concerns. This draft guidance is not final nor is it for implementation at this time. Comments may be submitted to https://www.regulations.gov or mailed to Dockets Management Staff (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

 

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 June 13, 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.
  • The California Department of Corrections and Rehabilitation (CDCR) is seeking comment by May 24 on proposed rules to restructure the staff misconduct process for allegations involving an incarcerated person or parolee. The proposed rule expands the Allegation Inquiry Management Section’s (AIMS) responsibilities to include complaints from third parties; allegations regarding discrimination based on disability; allegations of retaliation against those who use this process; eliminates time constraints on reporting misconduct of all types, including allegations of excessive Use of Force and staff violations of the Prison Rape Elimination Act; and Transfers investigative responsibilities to the Office of Internal Affairs (OIA). See more on pages 395 – 397. Comments may be sent to RPMB@cdcr.ca.gov, or mailed to Josh Jugum, Regulation and Policy Management Branch, P.O. Box 942883, Sacramento, CA 94283-0001.

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.