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 U.S. Nuclear Regulatory Commission (NRC) is requesting comments by April 14 on a regulatory basis to support a proposed rule that would amend the NRC’s regulations for the licensing of new nuclear power reactors. The NRC’s goals in amending these regulations would be to ensure consistency in new reactor licensing reviews, provide for an efficient new reactor licensing process, reduce the need for exemptions from existing regulations and license amendment requests, address other new reactor licensing issues deemed relevant by the NRC, and support the principles of good regulation, specifically openness, clarity, and reliability. Comments may be submitted here: https://www.regulations.gov or by email, to Rulemaking.Comments@nrc.gov.
  • The Department of Education Office of Elementary and Secondary Education (OESE) is seeking comment by April 26 on proposed rules to waive the requirements that generally prohibit project periods exceeding five years and project period extensions involving the obligation of additional Federal funds. The proposed waiver and extension would enable four projects under Assistance Listing Number (ALN) 84.004D to receive funding for an additional period, not to exceed September 30, 2022. Comments may be submitted through www.Regulations.gov or in writing, to: Ed Vitelli, U.S. Department of Education, 400 Maryland Avenue SW, Room 3E106, Washington, DC 20202.
  • The Census Bureau is requesting comment by May 20 on proposed criteria for defining urban areas based on the results of the 2020 Decennial Census. It also provides a description of the changes from the final criteria used for the 2010 Census. Comments may be emailed here: geo.urban@census.gov, to Vincent Osier, Geographic Standards, Criteria, and Quality Branch, Geography Division, U.S. Census Bureau.
  • The Department of Veterans Affairs (VA) is seeking comment by May 25, on proposed regulations to establish the Veterans Legacy Grants Program (VLGP). VA would establish grant application procedures and evaluative criteria for determining whether to issue funding to eligible entities to conduct cemetery research and produce VLGP educational materials. Educational materials would relate the histories of Veterans interred in National, State, or Tribal Veterans’ cemeteries and would promote community engagement with those histories. Comments may be submitted through www.Regulations.gov or in writing, to: Director, Legislative and Regulatory Service (42E), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420.

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

State Opportunities

  • The New York State Board of Elections is seeking comment by April 10 on proposed regulations to establish a cure process for absentee ballots. Pursuant to statute, the regulations require county boards of elections to notify voters when it is determined that their affidavit ballot envelope is deficient and provide such voters with an opportunity to cure such deficiencies. Read pages 6-8 for more details. Comments may be submitted to Nicholas.cartagena@elections.ny.gov or in writing, to Nicholas R. Cartagena, New York State Board of Elections, 40 N. Pearl Street, Suite 5, Albany, NY 12207.
  • The California Department of Corrections and Rehabilitation (CDCR) is seeking comment by April 16 on a proposed rule to amend the regulations concerning Use of Force. The proposed regulations further the efforts of the Department to comply with court rulings, and more recently, changes to the California Penal Code by revising the Use of Force policy to be more consistent as well as providing further clarification. The proposed regulations incorporate suggestions from the Office of Inspector General, recent changes in law, and demonstrate the Department’s commitment to transparency and establishing use of force regulations that recognize the sanctity of human life. Read pages 211-214 for more information. Written comments may be submitted to: rpmb@cdcr.ca.gov, Anthony Carter, Regulation and Policy Management Branch, P.O. Box 942883, Sacramento, CA 94283–0001.
  • The California Department of Corrections and Rehabilitation (CDCR) and California Correctional Health Care Services (CCHCS) is seeking comment by April 20 to amend regulations for the Health Care Grievance process. Current grievance regulations which were adopted on September 1, 2017, address deficiencies and inconsistencies in the previous three–level health care appeals process. See pages 244-247 for more information. Comments may be submitted to: HealthCareRegulations@cdcr.ca.gov or in writing, to California Correctional Health Care Services (CCHCS), Health Care Regulations and Policy Section, P.O. Box 588500, Elk Grove, CA, 95758.

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.