ACUS Launches Initiative to Modernize Federal Rulemaking Comment Processing

The Administrative Conference of the United States (ACUS) has issued a significant request for public comments, as detailed in a Federal Register notice on October 26, 2026. This initiative seeks broad input on how federal agencies manage public submissions during the critical rulemaking process. The information gathered will directly inform an ongoing ACUS project designed to identify and recommend best practices for agencies, ultimately aiming to enhance the fairness, efficiency, and transparency of federal regulatory development. Interested parties have until December 28, 2026, to submit their written observations.

Background on ACUS and the Rulemaking Process

ACUS, established under 5 U.S.C. 591-596, plays a vital role in evaluating and recommending improvements to federal administrative procedures. Its mandate includes fostering efficiency, adequacy, and fairness in agency operations. The public notice-and-comment process stands as a cornerstone of federal rulemaking. It serves as a crucial avenue for individuals, organizations, and experts to offer perspectives, specialized knowledge, and practical experiences pertinent to an agency's proposed actions.

Such input is invaluable for informing agency decision-making. Comments can highlight potential local impacts, foresee implementation hurdles, and suggest alternative approaches to regulatory issues. The adequate consideration and response to public comments are essential. They ensure that final agency actions are grounded in the most comprehensive available information, maintain public legitimacy, and withstand potential judicial scrutiny. While many proposed rules attract limited public engagement, some generate thousands of comments, demanding substantial agency resources for processing. Even a small number of comments can present complex legal and policy questions requiring significant time and effort. This necessitates robust procedures for comment intake, analysis, and resolution.

The Scope of the ACUS Project

ACUS's current project is a comprehensive examination of agency practices across the entire lifecycle of public comments. This includes how agencies initially receive comments, how they make these comments accessible to agency personnel, contractors, and the public, and the methodologies employed for analyzing their content. A significant focus is also placed on how agencies formulate responses to these comments.

The study delves into various operational aspects, such as the organizational structures agencies adopt for comment processing, the role and extent of contractor involvement, and the procurement and utilization of technological tools. This specifically includes an inquiry into the application of algorithmic tools in the processing, analysis, and response phases of comments.

Specific Areas of Public Inquiry

ACUS is encouraging individuals and organizations to share their experiences and insights on specific aspects of the comment process. The request for comments poses several direct questions to solicit detailed feedback. Commenters are asked to describe their experiences submitting input on proposed rules, advance notices of proposed rulemaking, or other information requests. A comparative analysis is also sought from those who have used both Regulations.gov and other agency-specific platforms, such as the Federal Communications Commission Electronic Comment Filing System, detailing similarities and differences.

ACUS is further investigating which agencies typically receive substantial public comments, noting variations in comment quantity and quality based on rule types. Questions also address how agencies utilize Regulations.gov and the Federal Docket Management System (FDMS) for soliciting, organizing, storing, and publishing comments, alongside the roles of agency officials and contractors in these systems. The Conference is keen to understand which agencies have developed their own electronic systems and how these compare to centralized platforms. Detailed information is requested on agencies' comment analysis methods, including the primary elements of the process, personnel involved, specific technologies (including any informal approaches), and how comment responses are developed in relation to both prior analysis stages and the final rule's substance. The ultimate aim is to understand how public comments substantively influence final regulations. Finally, ACUS seeks input on successful elements of current agency comment processing procedures and identifies areas needing improvement, along with potential solutions to identified problems.