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 Drug Enforcement Agency (DEA) seeks comment by June 8 on a proposed rule to place a new drug labeled as “DMAR” as a schedule I drug under the Controlled Substances Act. This follows a string of deaths related to the drug in Europe. Read more from the Guardian.
  • The Department of the Interior seeks comment by June 8 on a proposed rule to open up, for the first time, eight National Wildlife Refuges (NWR) for fishing and hunting, and further expand fishing and hunting in 89 other NWRs.
  • The Office of Surface Mining Reclamation and Enforcement (OSMRE) seeks comment by June 15 on a proposed rule to give states a larger oversight role for coal mining. The new rules may eliminate oversight procedures which have been used by environmental groups in the past to report on mining operations. Read more from Law360.
  • The General Services Administration invites comment, during a series of public meetings, on the observance of the centennial of passage and ratification of the 19th Amendment providing for women’s suffrage. Those interested can attend public meetings in DC and New York, or participate via phone. Comments can also be mailed to Stephanie Marsellos, Designated Federal Officer, P.O. Box 2020, Washington, DC 20013, or via email at stephanie@womensvote100.org.
  • The Federal Aviation Administration (FAA) is seeking comment by June 29 on a proposed rule to implement the use of an electronic Pilot Records Database (PRD). The PRD would allow air carriers to see and share information about pilot records including training and certifications, in order to ease safety concerns. Read more from NPRand Spectrum Local News.
  • The Federal Motor Carrier Safety Administration seeks comment by June 29 on a proposed rule clarifying the rules regarding commercial driver’s licenses for people with drug offenses. The proposed rule would govern access to the violation database by state driver’s licensing agencies and impose duties on those agencies. Read more from the Jackson Lewis blog.
  • The Bureau of Industry and Security (BIS) seeks comment by June 29 on a proposed rule removing provisions which authorize re-exports of national security controlled items. The new rule was issued in furtherance of Trump’s National Security Strategy released in December 2017, and represents a shift in export control policy. Read more from The New York Times.
  • The US Nuclear Regulatory Commission (NRC) seeks comment by July 27 on their amendments to alternative emergency preparedness (EP) requirements. The new EP requirements would reflect technological advances. Read more from JD Supra.

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

State Opportunities

The Illinois Department of Healthcare and Family Services seeks comment by May 18 on a proposed rule to amend telehealth rules to allow new health care locations to provide the service during the COVID-19 pandemic. See pages 5560-5561 for more details. Comments may be emailed to HFS.Rules@illinois.gov.

The North Carolina Department of Health and Human Services seeks comment by May 22 on a proposed temporary rule to allow public assistance and social service appeals to be conducted by telephone or other virtual means. The proposed rule would ease concerns of contracting COVID-19 for those appealing their decisions. See pages 1982-1983 for more details. Comments may be submitted to shazia.keller@dhhs.nc.gov.

The Texas Ethics Commission seeks comment by May 31 on a proposed rule requiring political action committees (PACs) to keep corporate and labor organization contributions in a separate account. This would ensure that such donations are not given to candidates, officeholders, or their specific-purpose committees. See pages 2785-2786 for more details. Comments may be submitted to public_comment@ethics.state.tx.us.

The Illinois Department of Employment Security seeks comment by June 1 on a proposed rule to establish “Good Cause” for waiving penalties on employers who fail to submit wage reports during the pandemic. See pages 5971-5973 for more details. Comments may be submitted to kevin.Lovellette@illinois.gov.

The California Department of Social Services seeks comment by June 3 on a proposed rule to expand the number of facilities which qualify as crisis nurseries. A crisis nursery can provide short term care and supervision for children under the age of six, who are voluntarily placed due to a family crisis. See pages 613-615 for more details. Comments may be submitted to ord@dss.ca.gov.

The New York Public Service Commission seeks comment by June 15 on a proposed rule to waive tariffs for Key-Span Gas East Corporation to alleviate customers’ financial hardships during the COVID-19 pandemic. See pages 14-15 for more details. Comments may be submitted to ecretary@dps.ny.gov.

The Illinois Department of Insurance seeks comment by June 15 on a proposed rule to prohibit insurers from cancelling coverage for those who have been laid off due to the pandemic. See pages 6693-6695 for more details. Comments may be mailed to Robert Planthold Assistant General Counsel, Illinois Department of Insurance, 122 S. Michigan Ave., Fl. 19, Chicago IL 60603.

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.