Public comment is a form of consultation in which people and institutions give feedback to the US government on rules or regulations. The act gives people the power to make laws or change laws. This is a post that shows how to post a public comment, why you should, and how to stand up for yourself.
What Is a Public Comment?
Public comment is comments or information submitted to a federal agency on a rule, regulation, on, or policy. U.S. authorities insist federal departments receive and consider public input before deciding on anything. The Administrative Procedures Act (APA) of 1946 lets the public comment on laws by commenting online or in writing.
Why Are Public Comments Important?
Comments from the public are a democratic requirement. They permit everyone, not just legislators, to have in-laws. Commentaries might remind lawmakers of something that they haven’t considered, or frame the effects of a rule. They can also provide feedback on agency policies or call out discriminatory policies. If there is a comment with useful information, then the agency should take it into account and act on it.
Who Is Eligible To Post A Public Response?
Anyone — individuals, institutions, companies, and even other federal departments — may make a public comment. Comment is made by a representative like a lawyer or advocate and it can be anonymous.
What Documents Can You Write About?
Rulemaking/Regulations: Agencies often put out rulemaking, changemaking, or update notices. These reports are made public in the Federal Register and anyone can comment.
Early Rule-Making Papers: These are early notices, rule-making petitions, and inquiry notices.
The Public Comment Procedure — What Does it Look Like?
Every proposed rule has to be submitted to the feds for public comment. Whenever the proposed rule is published in the Federal Register and on the agency website, it goes live.
- Public Comment Period: Usually 60 days are allowed for public comment. Comment periods close at 7:00 pm ET for paper comments and 11:59 pm ET for online comments.
- Reply Time: After the first comment window, the agency has 30 days to respond to the feedback.
- Final Rule/Regulation: The agency will need to add the public comments to the final rule or regulation and detail how they acted on the comments.
How to Post a Public Comment.
There are a few options for posting a public comment:
- Federal Register: Head to www.regulations.gov and look for the rule or policy you would like to comment on. Click the “Comment” button, give your opinion, and attach documents (if necessary).
- Agency Website: Visit the agency website and look for the comment submission section. Follow the link to leave a comment.
- Postal Address: Check the Federal Register notice for the post office address. Don’t forget to add the docket/rule number so your reply gets taken seriously.
- Talking Heads: There are some rules where you can say things head-to-head at public hearings. Look in the Federal Register or any individual notices for hearings.
- After you have commented, a confirmation email with a tracking number will be sent to you and you can also have your comment sent to you via email.
Tips on How to Make a Good Public Comment
- Be An Expert at the Rule: Be familiar with the rule you’re commenting on. Please take a few moments to read the rule that is proposed and then comment.
- Include the Regulation Name and Docket ID: Always include the name and docket ID of the rule (e.g., FDA-2017-D-6580-4894) so your comment matches the rule.
- Offer Expertise; When you contribute to a public discussion, ensure you are well-informed about the issue at hand. Take the time to research background information, relevant data, and any proposed solutions.
- Be Clear and Structured: Don’t lose your readers when you post a comment. Be explicit about where you stand, prove it with evidence if possible, and tie it to the rule being proposed.
- Responses to Requests: Respond to requests for specific data or questions from the agency listed in the notice.
- Cite Sources: Reference studies or external resources when commenting, please cite them.
Where to Find Public Comment Examples and Templates
There are a couple of sites that offer examples of comment templates if you are stuck on your comment:
- ImmigrantSurvivors.org: Comment letters of proposed rule proposals (with drafting advice).
- Environmental Law Institute: Guides to writing with examples for public commenting.
- Boundless: Public comments on, for instance, immigration fee increases or the Public Charge Rule.
- Public Comment Project: Offers commenting tips.
- Federal Register: Has info about public comment submission.
Other Resources
- Federal Register’s Help Page: For more information on how to file a comment.
- Public Comment Project: Offers tutorials on commenting.
- The Brookings Institute: Advice on how to make comments that are helpful when they come from regulations.
Helping Immigrant Families: How to Comment on Immigration Policy.
- State/Local Level Commenting @State & Local level.
- Along with the federal government, states and municipalities can also let the public comment on new rules or policies. Check the individual regulations for each branch of government.
You can take an active part in the process by making a public comment. As long as you apply the tips and procedures below, you can advocate for the policies and laws that matter to you. Comment on immigration laws, environmental policy, or anything else, and let your voice be heard.
