Editorial · March 23, 2015
Regulations.gov Comments: How to Weigh In on a Rule
Regulations.gov comments are one way to tell a federal agency what a proposed rule would do to your business. Agencies generally must ask for public comment on a proposed rule, and anyone can send one. Find the rule and read what the agency is asking. Then write a plain comment with real numbers and send it before the deadline. Keep your receipt number, and see how the agency responds in the final rule.
What the law gives you
The law behind this is the Administrative Procedure Act, enacted on June 11, 1946. The Federal Register is an official daily legal publication. Its tutorial says agencies must give notice of proposed rules, take public comments and respond in the final rule. Section 553 of the act says that after notice, an agency shall give interested persons a chance to take part through "written data, views, or arguments." Some rules skip notice and comment. Section 553 does not require notice for some kinds of rules, such as policy statements. An agency may also skip notice for good cause. It must explain in the rule why notice and comment would be unworkable, unnecessary, or against the public interest. Another law can still require notice or a hearing.
The Congressional Research Service says the federal government launched Regulations.gov in January 2003. A fact sheet from the site calls a rule's docket the file folder of the rulemaking documents. It says the docket also holds all public comments.
How to find a proposed rule
Start at Regulations.gov. If you have the docket number, the National Archives says to type it in the "Keyword or ID" box. Then pick "proposed rule" as the document type. If you do not have it, search by agency name or topic. You can also search by status, such as comment periods closing soon or newly posted rules.
Proposed rules generally must be published in the Federal Register. EPA's docket page says EPA comments can go to Regulations.gov under the docket number listed in the Federal Register notice. The Office of the Federal Register says the "Dates" and "Addresses" sections give the deadline and the ways to send comments. Comment periods usually run 30 to 60 days, but they can vary.
How to write a comment that gets read
Read the proposal first. The Regulations.gov tips sheet says a comment can simply back or oppose a rule. It adds that a constructive, information-rich comment that clearly communicates and supports its claims is more likely to have an impact. You may ask the agency contact in the notice what a part means. But official comments must still go through the site's comment form, the sheet says.
Stay focused. You do not have to cover every issue in a rule, the sheet says. Pick the ones that concern you most, affect you most, or that you know best. To point at one sentence, give the page, column and paragraph from the Federal Register.
Show your facts. The sheet says to name your experience when it is relevant, and its list of examples includes "businessman." It calls comments on a rule's economic effects "especially helpful" when they include data. EPA's docket page says that if you estimate costs, you should show how you got the number so someone else could repeat it.
If you disagree, offer another way. The sheet says to suggest an alternative, even not regulating at all. Explain how it might reach the same goal or work better. The sheet also says the process is not a vote: one well supported comment can outweigh a thousand form letters. If your trade group sends a template, our editors suggest adding your own facts. They also suggest a short outline. Say who you are, which section you mean, what it would change for you, what you would do instead, and thanks.
Send it and keep track
The National Archives lists the steps on its own comment page. Click the button to submit a comment and fill out the form. Upload your comment as a file, or type or paste it into the box. Click submit one time. Then write down your receipt number so you can track the comment later.
Watch the deadline. The tips sheet says comment periods close at 11:59 Eastern Time on the date comments are due. The Office of the Federal Register says you may ask for more time. An agency may consider a late comment if its schedule allows. But agencies are generally not legally required to do so. Keep a copy of your comment in a separate file, the tips sheet adds, in case the web form gives you trouble.
Assume your comment will be public. EPA's docket page says EPA posts comments in their entirety, including any personal information in the body, with a few exceptions. It says confidential business information should never be sent to EPA through Regulations.gov or e-mail. Our editors suggest leaving out customer names, private prices and anything you would not want a competitor to read.
What happens after you comment
The agency weighs what it gets. The Office of the Federal Register's guide says an agency cannot base its final rule on whether more comments support it than oppose it. The agency must base its reasoning on the rulemaking record, which includes the comments and the facts gathered along the way. If the record holds persuasive new data or arguments, the agency may end the rulemaking or change parts of the rule.
Look for the agency's response in the final rule. A Regulations.gov fact sheet says agencies usually respond to comments together, by theme. The guide says a final rule's "basis and purpose" statement responds to major criticisms in the comments. That statement also explains why the agency did not choose other options. A final rule generally takes effect at least 30 days after it is published. A major rule, one with big economic effects, generally waits at least 60 days.