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 Department of Health and Human Services (HHS) seeks comment by June 18 on a proposed rule to amend the Adoption and Foster Care Analysis and Reporting System (AFCARS) regulations. The amendment would undo an Obama Administration measure which would have collected data on LGBTQ foster youth and parents. Read more from Washington Blade and NBC News.
  • The Federal Reserve seeks comment by June 21 on proposed rules tailoring prudential standards that apply to larger foreign banking organizations and requirements that apply to larger U.S. bank and holding companies. The Federal Reserve also seeks comment by July 15 on a proposal that would revise its rules relating to control determinations under the Bank Holding Company Act and the Home Owners’ Loan Act. Read more from Mondaq on the first rule and the second rule, and from The Center for American Progress on the Federal Reserve’s actions.
  • The Consumer Financial Protection Bureau (CFPB) seeks comment by July 1 on a review of the Federal Reserve’s 2009 overdraft protection rule to determine its effects on small banks and credit unions. Critics fear that the CFPB could use this review to water down the overdraft protection rule. Read more from The Washington Post, American Banker, and JD Supra.
  • The Food and Drug Administration (FDA) seeks comment by July 2 on a public hearing to obtain information on how to regulate products containing cannabidiol (CBD) and related compounds. Currently, federal law prohibits CBD in food or supplements, but California, Texas, and other states are crafting laws that would allow the sale of CBD. Read more from The Washington Post, CNN, CNBC, and The Associated Press.
  • The Department of Housing and Urban Development (HUD) seeks comment by July 9 on a proposal that would prohibit “mixed-status” families from living in public and other subsidized housing. Mixed-status families are households that include both members who are eligible and ineligible for housing assistance based on their immigration status. Under the rule, more than 55,000 children would face eviction. Read more from Politico, NPR, and The New York Times.

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

State Opportunities

  • The California Board of Parole Hearings seeks comment by June 3 on a proposal to make permanent the Board’s parole hearing date advancement processes. The Board adopted these emergency processes in response to California’s 2008 passage of Marsy’s Law, a victim’s rights ballot initiative that amended the state’s constitution. Mary’s Law increased the shortest denial length an inmate can receive for a parole hearing from one year to three years. Read more from Pew, ACLU, and an empirical study of the impact of Marsy’s Law on parole in California. See pages 593-598 of the California Regulatory Notice Register for further information. Comments may be submitted by email to EPH.Regulations@cdcr.ca.gov.
  • The California Department of Corrections and Rehabilitation seeks comment by June 6 on a proposal to amend its regulations to allow nonviolent inmates who are incarcerated for a term of life with the possibility of parole to be eligible for parole consideration by the Board of Parole Hearings. The previous regulations excluded these inmates, but was successfully challenged in the California Court of Appeals. See pages 598-601 of the California Regulatory Notice Register for further information. Comments may be submitted by email to rpmb@cdcr.ca.gov.

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.