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 National Labor Relations Board (NLRB) seeks comment by February 28 on a proposed rule establishing that students who perform services for compensation at private colleges and universities, in connection with their studies, are not “employees” under the National Labor Relations Act. This would prohibit such students from unionizing or being protected by various unfair labor practices. Read more from The Washington Post and Bloomberg Law.
  • The Office of Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation seek comment by March 10 on a proposed rule to comprehensively change the Community Reinvestment Act (CRA). The proposed changes would weaken the focus of bank activities on low and moderate income (LMI) communities, while increasing the number of assessments banks could fail while still passing CRA requirements. Read more from The National Community Reinvestment Coalition and The Washington Post.
  • The Council on Environmental Quality (CEQ) seeks comment by March 10 on a proposed rule to cut environmental reviews and public comment for projects under the National Environmental Policy Act (NEPA). These changes would drastically reduce the negotiating power of disadvantaged communities fighting pollution in their neighborhoods, and reduce transparency across the board. Read more from The New York Times and The Hill.
  • The Department of Housing and Urban Development (HUD) seeks comment by March 16 on a proposed rule which would roll back an Obama era mandate from 2015’s Affirmative Furthering of Fair Housing (AFFH). Under the proposed rule, towns which were previously required by the federal government to track and address racial bias in housing would now be able to monitor themselves. Read more from NBC News.
  • The Federal Communications Committee (FCC) seeks comment by March 20 on a proposed rule to change the costs associated with inmate calling services (ICS). The Obama administration’s attempts to regulate these charges were struck down by the D.C. Circuit Court’s decision in Global Tel*Link v. FCC. The FCC now seeks comment on how best to regulate these charges in compliance with the district court’s decision. Read more from Law360.
  • The Department of Housing and Urban Development seeks comment by April 13 on a proposed rule to rollback Obama era requirements on faith-based social service providers. The proposed rule would no longer require faith based organizations to refer beneficiaries to alternate providers if they object to the organization’s religious affiliation. Other requirements placed on faith-based providers such as, notice of nondiscrimination based on religion, and the voluntariness of religious activities would also be lifted.
  • The Federal Trade Commission (FTC) seeks comment by April 21 on its Guides Concerning the Use of Endorsements and Testimonials in Advertising. This follows a recent settlement by the FTC with Sunday Riley Modern Skincare LLC over alleged unfair or deceptive acts or practices. Read more from Vox and The Washington Post.
  • 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.

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

State Opportunities

The California Department of Justice seeks comment by April 7 on a proposed rule requiring the Department to issue ammunition vendor licenses to ammunition vendors who sell more than 500 rounds of ammunition in any 30 day period. See pages 260-262 for more details. Comments may be emailed to bofregulations@doj.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.