How To Give the Government Feedback: Public Comment on Proposed Rulemaking

It’s well known that federal laws come from bills passed by Congress and signed by the President. Less widely understood is that many legal rules and regulations are issued by federal agencies in the executive branch as they implement and enforce these laws. Just as statutes enacted by Congress have the force of law, federal regulations do as well.

When an agency proposes new rules, the public has a chance to respond. Your voice can influence policies that impact the lives of millions of people, ranging from clean air and water to workplace safety and consumer protection, to healthcare, education, and civil rights.

If you need assistance with the rulemaking process or challenging a final rule, consult an administrative law attorney. They can provide legal advice and further explain the rulemaking process.

What Are Proposed Rules?

Federal rules and regulations can establish significant policies and requirements for individual citizens, state and local governments, and businesses.

Under the Administrative Procedures Act (1946), a federal agency must request public comments when creating a new regulation to implement laws passed by Congress. This allows you to provide the government with feedback on its proposed rules.

When a federal agency writes a new regulation, the first version it publishes is called a notice of proposed rulemaking (NPRM). An NPRM usually proposes regulatory language, estimates the potential rule’s benefits and costs, and contains a public comment period.

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Why Public Comments Matter

Public comments are an important part of the rulemaking process. By providing perspectives and sharing real-world impacts on proposed regulations, commenters can shape rules that may affect public health, safety, and the lives of millions.

The “public” is not limited to individual citizens. It also includes industry groups, non-profit organizations, advocacy groups, and the scientific community.

The public comment process allows the agency to receive public feedback before finalizing rules. However, it’s important to note that the public comment process is not a vote. If the agency fails to adequately address substantive comments when drafting the final regulation, members of the public may seek to challenge the rule in court.

How to Find Proposed Rules Open for Comment

There are two primary ways to submit comments on a notice or proposed rules online.

1. Federalregister.gov. Notices and proposed regulations currently out for public comment can be found on this website.
2. Regulations.gov. The official federal government portal for rulemaking. It allows individuals and organizations to find, view, and submit public comments on proposed rules, notices, and guidance for over 160 federal agencies.

Writing an Effective Public Comment

Regulations.gov provides guidance on writing effective comments to make your voice heard in the regulatory process, whether completing a comment form on behalf of an individual or a group.

When drafting comments, consider these components that make for an effective public comment:

• Introduction. Explain why you are interested in the regulation and highlight any personal experiences you can connect to the subject of the rule that may set your comment apart.
• Background section. Clearly identify the relevant part of the regulation on which you are commenting.
• Analysis. Thoroughly explain your argument and provide any supporting evidence, including clear citations to helpful research.
• Recommendations. Describe your suggestions to the specific agency to which you are submitting them, identifying the changes you would advise that the agency may not have considered.
• Conclusion. Clearly summarize your main argument and succinctly list your recommendations again.

It’s important to note that some agencies provide templates for submitting comments, especially for complex regulations, to help individuals and organizations structure their feedback effectively.

Submitting Your Comment

Regulations.gov is the official website for submitting public comments online for most notices and proposed rules. The site is managed within the U.S. Environmental Protection Agency (EPA), but more than 300 federal agencies use it to collect public input.

In some cases, an agency may ask you to submit comments by mail rather than through Regulations.gov.

How the Rulemaking Process Works

Generally, agencies follow this process:

1. The agency publishes a proposed rule
2. The agency invites public comments
3. Comment periods often last 30 to 60 days after a proposed rule is issued
4. The agencies review the public comments
5. The agencies issue a final rule. In the final rule, the agency responds to significant and relevant comments. The responses to the comments are also published in the Federal Register.

Agencies must generally consider the perspectives raised in the public comments in the rulemaking process. Understanding of administrative law is critical to effectively navigating the rulemaking process.

What Happens After You Submit?

Once the comment period closes, the agency issues a final rule, which addresses the substantive public comments submitted and the specific questions posed by commenters.

If you submitted a comment through the Regulations.gov online portal, you can sign up to receive email notifications about any new documents related to that proposed regulation, including the publication of the final rule.

Get Legal Help for Your Administrative Law Matter

Public comments are important in shaping government policies that impact the public. It is critical to understand your rights by researching the administrative agency’s website and rules. Each agency has its own procedures.

Contact an administrative law attorney for legal advice on the rulemaking process to challenge a final rule.