Federal regulations, which carry the force of law, shape everything from drinking water and airline safety to overtime pay and student loans. Agencies issue thousands of rules each year, far more than the laws Congress passes, and the public comment process is the main way ordinary people, businesses, and groups can influence them before they take effect.
This guide explains how to find proposed rules and write comments that agencies take seriously.
Advocacy groups often organize campaigns producing thousands or millions of identical comments. Agencies typically treat these as one comment with many signers. Some campaigns have used fake names, as in a 2017 telecommunications rulemaking where millions of comments were found to be fraudulent. Agencies have begun using software to sort comments, and debates continue over how to weigh public sentiment against technical evidence. A single detailed comment raising a new issue can matter more than a large volume of form letters.
In Loper Bright v. Raimondo in 2024, the Supreme Court ended the Chevron rule of deferring to agency interpretations of unclear laws, making legal arguments in comments more important. A January 2025 executive order directed agencies to repeal at least ten existing rules for each new one, and a February 2025 order told them to identify rules that exceed their legal authority. An April 2025 memorandum directed agencies to repeal such rules without notice and comment where the good cause exception allows. Supporters said this cleared away unlawful regulations quickly, while critics argued that skipping comment violates the APA and would invite lawsuits.
When Congress authorizes an agency to write rules, the Administrative Procedure Act generally requires the agency to publish a notice of proposed rulemaking in the Federal Register, accept written comments, and then issue a final rule that explains how it considered them. Some agencies first publish an advance notice to gather ideas. Exceptions allow agencies to skip comment for interpretive rules, policy statements, and cases of good cause, such as emergencies, and agencies sometimes issue interim final rules that take effect immediately and accept comments afterward.
The Administrative Procedure Act lets anyone petition an agency to issue, amend, or repeal a rule. Before significant rules are finalized, the Office of Information and Regulatory Affairs at the Office of Management and Budget reviews them and will meet with outside groups on request, with meetings listed publicly. The Small Business Administration's Office of Advocacy represents small businesses in rulemaking. After a rule is final, Congress can overturn it under the Congressional Review Act, and affected parties can challenge it in court.
Regulations.gov, launched in 2003, posts proposed rules and the supporting documents in public dockets, shows the comment deadline, and accepts comments online. The Federal Register, published every business day and searchable at FederalRegister.gov, prints every proposed and final rule. The Unified Agenda, released twice a year at Reginfo.gov, previews rules agencies plan to propose. You can sign up for email alerts from agencies or follow a docket. Some independent agencies, such as the Federal Communications Commission, use their own comment systems.
Read the proposal's summary and the questions the agency asks. Identify yourself and why the rule affects you, then address specific provisions, citing the section. Explain your reasoning with facts, data, personal experience, cost estimates, or legal arguments, and suggest alternatives or changes rather than only saying yes or no. Agencies must respond to significant issues raised in comments, and courts can overturn rules that ignore them. Comments are public, so do not include private information you would not want posted.
Learn the full rulemaking process in how federal regulations are made, see the bigger picture in the administrative state explained, or request agency records with how to file a FOIA request.