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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 Justice (DOJ) is seeking comment by July 22 on a proposed rule to transfer marijuana from schedule I of the Controlled Substances Act (CSA) to schedule III of the CSA, consistent with the view of the Department of Health and Human Services (HHS) that marijuana has a currently accepted medical use as well as HHS’s views about marijuana’s abuse potential and level of physical or psychological dependence. Comments may be submitted electronically at https://www.regulations.gov, or by mail to: Drug Enforcement Administration, Attn: DEA Federal Register Representative/DPW, 8701 Morrissette Drive, Springfield, Virginia 22152. Read more from Forbes and NBC.
  • The Department of Health and Human Services (HHS) is seeking comment by August 6 on a proposed rule to exempt a new system of records maintained by the National Institutes of Health (NIH) from certain requirements of the Privacy Act of 1974. The new system of records will cover criminal and non-criminal law enforcement investigatory material maintained by the NIH Division of Police, a component of NIH which performs criminal law enforcement as its principal function. The exemptions are necessary and appropriate to protect the integrity of law enforcement proceedings and records compiled in the course of NIH Division of Police activities, prevent disclosure of investigative techniques, and protect the identity of confidential sources involved in those activities. Comments may be submitted electronically at https://www.regulations.gov, or by mail to Daniel Hernandez, NIH Regulations Officer, Office of Management Assessment, National Institutes of Health, 6705 Rockledge Drive, (RK1) 601-U, Rockville, MD 20892-7901.
  • The Department of Veterans Affairs (VA) is seeking comment by August 20 on a proposed amendment to its rules on interest rates for adjustable rate mortgage loans and hybrid adjustable rate mortgage loans. The proposed rule would ensure VA’s existing interest rate regulation reflects current statutory requirements regarding these loans, in a way that makes the loans a more viable, safe product for Veterans. The proposed rule would also solidify requirements for temporary buydown agreements to help Veterans temporarily reduce their interest rates and, in effect, lower their monthly mortgage payments for a specific period of time. Comments may be submitted electronically at https://www.regulations.gov.
  • The United States Department of the Interior is seeking comment by September 13 on a proposed rule to create a conditional, time-limited opportunity for denied petitioners to re-petition for Federal acknowledgment as an Indian Tribe. Consultation sessions with federally recognized Indian Tribes will be held on August 19, 2024 and September 3, 2024. A listening session for present, former, and prospective petitioners will be held on September 5, 2024. Comments may be submitted electronically at https://www.regulations.gov, emailed to consultation@bia.gov, or mailed to the Department of the Interior, Office of the Assistant Secretary—Indian Affairs, Attention: Office of Federal Acknowledgment, Mail Stop 4071 MIB, 1849 C Street NW, Washington, DC 20240.

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

State Opportunities

  • The Maryland Lynching Truth and Reconciliation Commission will hold a public meeting on August 12, 2024, at 11:30 am EST, to discuss cases of racially motivated lynching with the public. More information about the meeting can be found here.
  • The Iowa City Council has established the Truth and Reconciliation Commission (TRC) to bear witness to the truth of racial injustice in Iowa City and to carry out restorative justice, through the collection of testimony and public hearings. The public can attend in-person hearings or remotely, by signing up for meetings on the first and third Thursdays of each month at 7 PM in Emma J. Harvat Hall, City Hall, 410 E. Washington Street, Iowa City. More information about the next meeting can be found here.

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

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