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 Internal Revenue Service (IRS) is seeking comment by December 16 on proposed regulations regarding the exclusion from gross income of certain Tribal general welfare benefits. The proposed regulations address the requirements that would apply to determine whether the benefits that an Indian Tribal government program provides qualify as Tribal general welfare benefits. These proposed regulations would affect Indian Tribal governments, agencies or instrumentalities of such governments, Federally-recognized Tribes, members of such Tribes, such members’ spouses and dependents, and other Tribal program participants. Requests to speak and outlines of topics to be discussed at the public hearing (scheduled to be held on January 13, 2025, at 10 a.m. ET) must be received by December 16, 2024. Comments may be submitted electronically at https://www.regulations.gov or by mail to CC:PA:PR:01 (REG-106851-21), Room 5203, Internal Revenue Service, P.O. Box 7604, Ben Franklin Station, Washington, DC 20044.
- The Internal Revenue Service (IRS) is seeking comment by December 24 on proposed regulations regarding the energy efficient home improvement credit as modified by the Inflation Reduction Act of 2022 (IRA). The proposed regulations would provide rules for manufacturers of specified property to register to be qualified manufacturers and satisfy certain other requirements, and rules for taxpayers to calculate the credit. Comments may be submitted electronically at https://www.regulations.gov or by mail to: CC:PA:01:PR (REG-118264-23), Room 5203, Internal Revenue Service, P.O. Box 7604, Ben Franklin Station, Washington, DC 20044.
- The Department of the Treasury, Department of Labor, and the Department of Health and Human Services are seeking comment by December 27 on proposed rules that would amend the regulations regarding coverage of certain preventive services under the Public Health Service Act. These proposed rules also contain separate requirements that would apply to coverage of contraceptive items that are preventive services under the Public Health Service Act. Comments may be submitted electronically at https://www.regulations.gov or by mail to The Office of Health Plan Standards and Compliance Assistance, Employee Benefits Security Administration, Room N-5653, U.S. Department of Labor, Washington, DC 20210, Attention: 1210-AC25.
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 Monday, December 9, 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
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.