Public Comment Toolkit
WHAT IS A PUBLIC COMMENT?
Under Section 553 of the Administrative Procedure Act, federal agencies are legally required to consult the public when making new rules or suggesting changes to current rules. Public feedback to proposed changes is achieved through public comments, that is, the process by which the public can submit comments and feedback on the proposed rule change. The agency that submitted the proposed change reviews the public comments - as well as feedback and research from experts - before drafting and publishing the final rule.
The proposed rule is published in the Federal Register, and the comment period typically lasts 30 to 60 days. When an agency proposes a new rule, anyone can submit a public comment to share their opinion on the proposal and any relevant facts. The agency must take all substantive comments into account, and respond to them in the final rule. Substantive comments include comments made by research institutions or organizations, and also comments made by engaged individuals. The final rule then becomes effective 30 days after publication.
Impact of Public Comments
Public comments protect democratic, legal, and management principles critical to the progression of public health policies in the United States. They hold federal agencies responsible for the legitimacy of their rules, their responsiveness to the public’s reaction, and their acceptance of suggested changes. Additionally, the public comment process reduces the possibility of future litigation by allowing legal activists to air their concerns to the government before legislation is live.
For more information, view the fact sheet “Public Comments Make a Difference” from Regulations.gov
Who Can Write a Public Comment?
Anyone can write and submit a public comment, making the system of commenting one of the most responsive parts of American democracy. Public comments can come from individuals of all backgrounds, from individuals who are personally invested in the legislation to groups with expertise on the issues the legislation addresses. Writing public comments can be helpful for law students or students interested in policy, as it provides exposure to the federal regulation system.
Adapted from Center for Effective Government, Environmental Law Institute, and Public Comment Project
HOW TO WRITE A PUBLIC COMMENT
Public comments are generally composed of (1) an introduction, (2) a reaction to the proposed law, detailing what sections should be kept, removed, or altered and why, and (3) an overall summary or conclusion.
While public comments from professionals are often evidence based, it is best that the comments of individuals are brief and focus on a personal reaction to the new rule, such as the impact on yourself or your community. If you would like to see examples of public comments made by professional groups, you can check out our Public Comment page to see public comments that Public Health Law Watch has participated in writing.
We have provided an example public comment, tips for writing your own public comment, and templates below.
Templates
Adapted from the Public Comment Project
How to Submit a Public Comment
Submit your comment through the Federal Register public comment portal linked on the particular proposed rule to which you are commenting. You can then upload your comment via an open text box and/or as a file upload. You will receive email confirmation of your submission, which you should be able to view on the Federal Register Website within 48 hours.
HOST A COMMENT WRITING PARTY
Public comment writing parties can be held by universities, community groups, and any association hoping to contribute to legislation. These parties are a great opportunity for law students and other individuals interested in public health to participate in legislation and gain experience with federal health regulation.
We have provided a checklist, opening slideshow, and flyer to help you organize a public comment writing party.
Throwing a Public Comment Party Checklist
Introduction Slideshow
Example
Flyer
Announcement
Template