Coronavirus (COVID-19) and Rulemaking

[Last updated January 15, 2021 10:59 AM.]

Many federal agencies have adapted their rulemaking procedures in response to the COVID-19 pandemic. Some agencies have, for example, fast-tracked implementation of policies intended to manage the crisis, provided members of the public additional time to participate in rulemaking proceedings, and adopted alternative procedures to protect the public and agency staff from further spread of the virus.

This page collects rulemakings in which agencies, citing the COVID-19 pandemic, have:

Please contact Gavin Young (gyoung@acus.gov) for more information or to provide additions, updates, or corrections.


Notice-and-Comment and Effective-Date Exceptions

For substantive rules, the Administrative Procedure Act (APA) generally requires agencies to publish a notice of proposed rulemaking and give interested persons an opportunity to participate in the rulemaking. An agency may forego these steps when it “for good cause finds . . . that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.” 5 U.S.C. § 553(a).

The APA also requires that agencies publish or serve a substantive rule at least 30 days before its effective date. Agencies may forego this requirement when they find “good cause” for doing so. 5 U.S.C. § 553(d).

Other statutes provide for alternative notice or effective-date requirements in certain contexts. 

Several agencies have cited the COVID-19 pandemic as good cause to forego the APA’s or other notice-and-comment or effective-date requirements. The table below lists notices in which agencies have cited the COVID-19 pandemic as good cause to forego such requirements.

DATE

AGENCY

NOTICE

Dec. 31, 2020

Federal Emergency Management Agency

Prioritization and Allocation of Certain Scarce and Critical Health and Medical Resources for Domestic Use

Dec. 29, 2020

Centers for Medicare & Medicaid Services

Medicare Program: Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs; New Categories for Hospital Outpatient Department Prior Authorization Process; Clinical Laboratory Fee Schedule: Laboratory Date of Service Policy; Overall Hospital Quality Star Rating Methodology; Physician-Owned Hospitals; Notice of Closure of Two Teaching Hospitals and Opportunity To Apply for Available Slots, Radiation Oncology Model; and Reporting Requirements for Hospitals and Critical Access Hospitals (CAHs) To Report COVID-19 Therapeutic Inventory and Usage and To Report Acute Respiratory Illness During the Public Health Emergency (PHE) for Coronavirus Disease 2019 (COVID-19)

Dec. 28, 2020

Department of Defense

Screening the Ready Reserve

Dec. 28, 2020

Centers for Medicare & Medicaid Services

Medicare Program; CY 2021 Payment Policies Under the Physician Fee Schedule and Other Changes to Part B Payment Policies; Medicare Shared Savings Program Requirements; Medicaid Promoting Interoperability Program Requirements for Eligible Professionals; Quality Payment Program; Coverage of Opioid Use Disorder Services Furnished by Opioid Treatment Programs; Medicare Enrollment of Opioid Treatment Programs; Electronic Prescribing for Controlled Substances for a Covered Part D Drug; Payment for Office/Outpatient Evaluation and Management Services; Hospital IQR Program; Establish New Code Categories; Medicare Diabetes Prevention Program (MDPP) Expanded Model Emergency Policy; Coding and Payment for Virtual Check-in Services Interim Final Rule Policy; Coding and Payment for Personal Protective Equipment (PPE) Interim Final Rule Policy; Regulatory Revisions in Response to the Public Health Emergency (PHE) for COVID-19; and Finalization of Certain Provisions from the March 31st, May 8th and September 2nd Interim Final Rules in Response to the PHE for COVID-19

Dec. 22, 2020

National Credit Union Administration

Temporary Regulatory Relief in Response to COVID-19-Extension

Dec. 18, 2020

Department of Homeland Security

Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities

Dec. 7, 2020

Department of Health and Human Services

Flexibility for Head Start Designation Renewals in Certain Emergencies

Dec. 2, 2020

Office of the Comptroller of the Currency; Federal Reserve System; Federal Deposit Insurance Corporation

Temporary Asset Thresholds

Nov. 27, 2020

Centers for Medicare & Medicaid Services

Most Favored Nation (MFN) Model

Nov. 25, 2020

Environmental Protection Agency

Chemical Data Reporting; Final Extension of the 2020 Submission Period

Nov. 16, 2020

Federal Highway Administration

Indefinite Delivery and Indefinite Quantity Contracts for Federal-Aid Construction

Nov. 12, 2020

Department of Veterans Affairs

Authority of VA Professionals To Practice Health Care

Nov. 6, 2020

Internal Revenue Service; Employee Benefits Security Administration; Centers for Medicare & Medicaid Services

Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency

Nov. 4, 2020

Department of Health and Human Services

Information Blocking and the ONC Health IT Certification Program: Extension of Compliance Dates and Timeframes in Response to the COVID-19 Public Health Emergency

Oct. 30, 2020

Department of Defense

TRICARE Coverage of National Institute of Allergy and Infectious Disease Coronavirus Disease 2019 Clinical Trials

Oct. 27, 2020

National Oceanic and Atmospheric Administration

Fisheries Off West Coast States; Emergency Action To Temporarily Extend the Primary Sablefish Fishery Season

Oct. 26, 2020

Transportation Security Administration

Security Training for Surface Transportation Employees; Compliance Dates; Amendment

Oct. 23, 2020

U.S. Agency for International Development

Procurement of Certain Essential Medical Supplies To Address the COVID-19 Pandemic

Oct. 23, 2020

Federal Deposit Insurance Corporation

Applicability of Annual Independent Audits and Reporting Requirements for Fiscal Years Ending in 2021

Oct. 22, 2020

Federal Maritime Administration

Admission and Training of Midshipmen at the United States Merchant Marine Academy; Amendment Providing an Emergency Waiver for Scholastic Requirements

Oct. 19, 2020

Small Business Administration; Department of the Treasury

Business Loan Program Temporary Changes; Paycheck Protection Program-Additional Revisions to Loan Forgiveness and Loan Review Procedures Interim Final Rules

Oct. 16, 2020

Office of the Comptroller of the Currency; Federal Reserve System; Federal Deposit Insurance Corporation

Real Estate Appraisals

Oct. 14, 2020

National Credit Union Administration

Real Estate Appraisals

Oct. 8, 2020

Department of Homeland Security

Strengthening the H-1B Nonimmigrant Visa Classification Program

Oct. 8, 2020

Employment and Training Administration

Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States

Oct. 6, 2020

Federal Aviation Administration

Second Limited Extension of Relief for Certain Persons and Operations During the Coronavirus Disease 2019 (COVID-19) Public Health Emergency

Sep. 30, 2020

Office of the Comptroller of the Currency; Federal Reserve System; Federal Deposit Insurance Corporation

Regulatory Capital Rule: Revised Transition of the Current Expected Credit Losses Methodology for Allowances

Sep. 23, 2020

Department of Homeland Security

Asylum Interview Interpreter Requirement Modification Due to COVID-19

Sep. 22, 2020

Department of Agriculture

Coronavirus Food Assistance Program

Sep. 21, 2020

Federal Communications Commission

Schools and Libraries Universal Service Support Mechanism

Sep. 21, 2020

National Oceanic and Atmospheric Administration

Extension of Emergency Measures To Address Fishery Observer Coverage During the Coronavirus Pandemic

Sep. 18, 2020

Consumer Product Safety Commission

Virginia Graeme Baker Pool and Spa Safety Act Drain Cover Standard

Sep. 18, 2020

Centers for Medicare & Medicaid Services

Medicare Program; Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and the Long-Term Care Hospital Prospective Payment System and Final Policy Changes and Fiscal Year 2021 Rates; Quality Reporting and Medicare and Medicaid Promoting Interoperability Programs Requirements for Eligible Hospitals and Critical Access Hospitals

Sep. 17, 2020

National Oceanic and Atmospheric Administration

Temporarily Increasing the Commercial Trip Limit for South Atlantic Vermilion Snapper and Recreational Bag Limit for Atlantic King Mackerel

Sep. 16, 2020

Department of Labor (Wage and Hour Division)

Paid Leave Under the Families First Coronavirus Response Act

Sep. 11, 2020

Department of Health and Human Services

Control of Communicable Diseases; Foreign Quarantine: Suspension of the Right To Introduce and Prohibition of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes

Sep. 4, 2020

Centers for Disease Control and Prevention

Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19

Sep. 3, 2020

Department of Defense

TRICARE Coverage of Certain Medical Benefits in Response to the COVID-19 Pandemic

Sep. 2, 2020

Centers for Medicare & Medicaid Services

Medicare and Medicaid Programs, Clinical Laboratory Improvement Amendments (CLIA), and Patient Protection and Affordable Care Act; Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency

Sep. 2, 2020

Securities and Exchange Commission

Temporary Amendments to Regulation Crowdfunding; Extension

Sep. 1, 2020

National Highway Traffic Safety Administration

Federal Motor Vehicle Safety Standards; Minimum Sound Requirements for Hybrid and Electric Vehicles

Aug. 27, 2020

Social Security Administration

Waiver of Recovery of Certain Overpayment Debts Accruing During the COVID-19 Pandemic Period

Aug. 27, 2020

Department of Education

Final Waivers and Extensions of the Project Periods for the American Indian Vocational Rehabilitation Services Training and Technical Assistance Center and the Vocational Rehabilitation Training Institute for the Preparation of Personnel in American Indian Vocational Rehabilitation Services

Aug. 27, 2020

Small Business Administration

Business Loan Program Temporary Changes; Paycheck Protection Program-Treatment of Owners and Forgiveness of Certain Nonpayroll Costs

Aug. 27, 2020

Centers for Medicare & Medicaid Services

Medicare Program; FY 2021 Inpatient Psychiatric Facilities Prospective Payment System (IPF PPS) and Special Requirements for Psychiatric Hospitals for Fiscal Year Beginning October 1, 2020 (FY 2021); Correction

Aug. 27, 2020

Small Business Administration

Appeals of SBA Loan Review Decisions Under the Paycheck Protection Program

Aug. 20, 2020

Department of Homeland Security

Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities

Aug. 17, 2020

Centers for Medicare & Medicaid Services

Medicare Program; CY 2021 Payment Policies Under the Physician Fee Schedule and Other Changes to Part B Payment Policies; Medicare Shared Savings Program Requirements; Medicaid Promoting Interoperability Program Requirements for Eligible Professionals; Quality Payment Program; Coverage of Opioid Use Disorder Services Furnished by Opioid Treatment Programs; Medicare Enrollment of Opioid Treatment Programs; Electronic Prescribing for Controlled Substances for a Covered Part D Drug Under a Prescription Drug Plan or an MA-PD Plan; Payment for Office/Outpatient Evaluation and Management Services; Hospital IQR Program; Establish New Code Categories; and Medicare Diabetes Prevention Program (MDPP) Expanded Model Emergency Policy

Aug. 17, 2020

Department of Education

Final Waiver and Extension of the Project Periods for the American Indian Vocational Rehabilitation Services Program

Aug. 13, 2020

Office of the Comptroller of the Currency

Collective Investment Funds: Prior Notice Period for Withdrawals

Aug. 12, 2020

Centers for Medicare & Medicaid Services

Medicare Program: Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs; New Categories for Hospital Outpatient Department Prior Authorization Process; Clinical Laboratory Fee Schedule: Laboratory Date of Service Policy; Overall Hospital Quality Star Rating Methodology; and Physician-Owned Hospitals

Aug. 10, 2020

Office of Personnel Management

Scheduling of Annual Leave by Employees Determined Necessary To Respond to Certain National Emergencies

Aug. 10, 2020

Federal Emergency Management Agency

Prioritization and Allocation of Certain Scarce and Critical Health and Medical Resources for Domestic Use

Aug. 10, 2020

Centers for Medicare & Medicaid Services

Medicare Program; Inpatient Rehabilitation Facility Prospective Payment System for Federal Fiscal Year 2021

Aug. 10, 2020

Office of Personnel Management

Paid Parental Leave

Aug. 5, 2020

Department of Housing and Urban Development

Housing Counseling Program: Revision of the Certification Timeline

Aug. 4, 2020

Centers for Medicare & Medicaid Services

Medicare Program; FY 2021 Inpatient Psychiatric Facilities Prospective Payment System (IPF PPS) and Special Requirements for Psychiatric Hospitals for Fiscal Year Beginning October 1, 2020 (FY 2021)

July 31, 2020

Consumer Product Safety Commission

Safety Standard for Hand-Held Infant Carriers

July 29, 2020

Internal Revenue Service

Recapture of Excess Employment Tax Credits Under the Families First Act and the CARES Act

July 16, 2020

Federal Reserve System

Loans to Executive Officers, Directors, and Principal Shareholders of Member Banks; Regulation O

July 15, 2020

Department of Health and Human Services

Confidentiality of Substance Use Disorder Patient Records

July 14, 2020

Department of Defense; General Services Administration; National Aeronautics and Space Administration

Federal Acquisition Regulation: Prohibition on Contracting With Entities Using Certain Telecommunications and Video Surveillance Services or Equipment

July 10, 2020

International Trade Administration

Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-19; Extension of Effective Period

July 10, 2020

Commodity Futures Trading Commission

Margin Requirements for Uncleared Swaps for Swap Dealers and Major Swap Participants

July 8, 2020

U.S. Coast Guard

Safety Zone; Amelia River, Fernandina, FL

July 1, 2020

Federal Reserve System; Office of the Comptroller of the Currency; Federal Deposit Insurance Corporation; Farm Credit Administration; Federal Housing Finance Agency

Margin and Capital Requirements for Covered Swap Entities

July 1, 2020

Department of Education

CARES Act Programs; Equitable Services to Students and Teachers in Non-Public Schools

July 1, 2020

Customs and Border Protection; Treasury Department

Implementation of the Agreement Between the United States of America, the United Mexican States, and Canada (USMCA) Uniform Regulations Regarding Rules of Origin

June 30, 2020

Consumer Financial Protection Bureau

Treatment of Certain COVID-19 Related Loss Mitigation Options Under the Real Estate Settlement Procedures Act (RESPA) (Regulation X)

June 29, 2020

Federal Aviation Administration

Limited Extension of Relief for Certain Persons and Operations During the Coronavirus Disease 2019 (COVID-19) Public Health Emergency

June 26, 2020

Federal Deposit Insurance Corporation

Assessments, Mitigating the Deposit Insurance Assessment Effect of Participation in the Paycheck Protection Program (PPP), the PPP Lending Facility, and the Money Market Mutual Fund Liquidity Facility

June 26, 2020

Small Business Administration; Department of the Treasury

Business Loan Program Temporary Changes; Paycheck Protection Program-Revisions to Loan Forgiveness and Loan Review Procedures Interim Final Rules

June 25, 2020

Department of Education

Indian Education Discretionary Grant Programs; Professional Development Program

June 19, 2020

Small Business Administration

Business Loan Program Temporary Changes; Paycheck Protection Program-Revisions to the Third and Sixth Interim Final Rules

June 17, 2020

Department of Education

Eligibility of Students at Institutions of Higher Education for Funds Under the Coronavirus Aid, Relief, and Economic Security (CARES) Act

June 16, 2020

Small Business Administration

Business Loan Program Temporary Changes; Paycheck Protection Program-Revisions to First Interim Final Rule

June 5, 2020

Department of Veterans Affairs

Home Visits in Program of Comprehensive Assistance for Family Caregivers During COVID-19 National Emergency 

June 1, 2020

Federal Reserve System; Office of the Comptroller of the Currency; Federal Deposit Insurance Corporation

Regulatory Capital Rule: Temporary Exclusion of U.S. Treasury Securities and Deposits at Federal Reserve Banks From the Supplementary Leverage Ratio for Depository Institutions

June 1, 2020

National Oceanic and Atmospheric Administration

Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Extend Portions of the Fishing Year 2019 Scallop Carryover Provisions

May 29, 2020

Centers for Medicare & Medicaid Services

Medicare Program; Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and the Long-Term Care Hospital Prospective Payment System and Proposed Policy Changes and Fiscal Year 2021 Rates; Quality Reporting and Medicare and Medicaid Promoting Interoperability Programs Requirements for Eligible Hospitals and Critical Access Hospitals

May 28, 2020

Comptroller of the Currency

Director, Shareholder, and Member Meetings 

May 27, 2020

Department of Veterans Affairs

Informed Consent and Advanced Directives

May 26, 2020

Department of Education

Impact Aid Program; Extension of the Application Amendment Deadline 

May 22, 2020

Department of Agriculture (Rural Business-Cooperative Service; Rural Utilities Service)

Guaranteed Loanmaking and Servicing Regulations

May 21, 2020

Department of Agriculture

Coronavirus Food Assistance Program

May 19, 2020

Department of Education

Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance

May 18, 2020

Department of Health and Human Services

Enforcement Discretion Regarding COVID-19 Community-Based Testing Sites (CBTS) During the COVID-19 Nationwide Public Health Emergency

May 14, 2020

Department of Homeland Security

Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency

May 13, 2020

Federal Emergency Management Agency

Emergency Management Priorities and Allocations System (EMPAS) 

May 12, 2020

Department of Defense

TRICARE Coverage and Payment for Certain Services in Response to the COVID-19 Pandemic

May 8, 2020

Centers for Medicare & Medicaid Services

Medicare and Medicaid Programs, Basic Health Program, and Exchanges; Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency and Delay of Certain Reporting Requirements for the Skilled Nursing Facility Quality Reporting Program 

May 7, 2020

Securities and Exchange Commission

Temporary Amendments to Regulation Crowdfunding

May 4, 2020

Federal Aviation Administration

Relief for Certain Persons and Operations During the Coronavirus Disease 2019 (COVID-19) Outbreak

Apr. 30, 2020

Department of the Treasury

Small Business Administration Business Loan Program Temporary Changes; Paycheck Protection Program-Additional Criterion for Seasonal Employers

Apr. 27, 2020

Department of Homeland Security

Minimum Standards for Driver's Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes

Apr. 27, 2020

National Credit Union Administration

Regulatory Capital Rule: Paycheck Protection Program Lending Facility and Paycheck Protection Program Loans

Apr. 23, 2020

Federal Reserve System; Office of the Comptroller of the Currency; Federal Deposit Insurance Corporation

Regulatory Capital Rule: Temporary Changes to Community Bank Leverage Ratio Framework

Apr. 23, 2020

Federal Reserve System; Office of the Comptroller of the Currency; Federal Deposit Insurance Corporation

Regulatory Capital Rule: Transition for Community Bank Leverage Ration Network

Apr. 22, 2020

Federal Reserve System

Loans to Executive Officers, Directors, and Principal Shareholders of Member Banks

Apr. 22, 2020

Environmental Protection Agency

Continuous Emission Monitoring; Quality-Assurance Requirements During the COVID-19 National Emergency 

Apr. 22, 2020

U.S. Customs and Border Protection; Department of the Treasury

Temporary Postponement of the Time To Deposit Certain Estimated Duties, Taxes, and Fees During the National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak

Apr. 21, 2020

National Credit Union Administration

Temporary Regulatory Relief in Response to COVID-19

Apr. 21, 2020

National Credit Union Administration

Real Estate Appraisals

Apr. 20, 2020

Department of Homeland Security

Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency

Apr. 17, 2020

Federal Reserve System; Office of the Comptroller of the Currency; Federal Deposit Insurance Corporation

Real Estate Appraisals

Apr. 15, 2020

Small Business Administration

Business Loan Program Temporary Changes; Paycheck Protection Program 

Apr. 14, 2020

Federal Reserve System

Temporary Exclusion of U.S. Treasury Securities and Deposits at Federal Reserve Banks From the Supplementary Leverage Ratio 

Apr. 14, 2020

Department of Health and Human Services

Approval Tests and Standards for Air-Purifying Particulate Respirators

Apr. 13, 2020

Federal Reserve System; Office of the Comptroller of the Currency; Federal Deposit Insurance Corporation

Regulatory Capital Rule: Paycheck Protection Program Lending Facility and Paycheck Protection Programs Loans

Apr. 10, 2020

Federal Emergency Management Agency

Prioritization and Allocation of Certain Scarce or Threatened Health and Meidcal Resources for Domestic Use

Apr. 7, 2020

Railroad Retirement Board

Available for Work

Apr. 7, 2020

Federal Energy Regulatory Commission

Delegation of Authority

Apr. 6, 2020

Centers for Medicare & Medicaid Services

Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency 

Mar. 31, 2020

Securities and Exchange Commission

Relief for Form ID Filers and Regulation Crowdfunding and Regulation A Issuers Related to Coronavirus Disease 2019 (COVID-19)

Mar. 31, 2020

Federal Reserve System; Office of the Comptroller of the Currency; Federal Deposit Insurance Corporation

Regulatory Capital Rule: Revised Transition of the Current Expected Credit Losses Methodology for Allowances 

Mar. 26, 2020

International Trade Administration

Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-19 

Mar. 26, 2020

Federal Reserve System

Total Loss-Absorbing Capacity, Long-Term Debt, and Clean Holding Company Requirements for Systemically Important U.S. Bank Holding Companies and Intermediate Holding Companies of Systemically Important Foreign Banking Organizations: Eligible Retained Income 

Mar. 23, 2020

Federal Reserve System; Office of the Comptroller of the Currency; Federal Deposit Insurance Corporation

Regulatory Capital Rule: Money Market Mutual Fund Liquidity Facility

Mar. 20, 2020

Federal Reserve System; Office of the Comptroller of the Currency; Federal Deposit Insurance Corporation

Regulatory Capital Rule: Eligible Retained Income

Mar. 20, 2020

U.S. Coast Guard

Safety Zone; COVID-19 NorCal Maritime 2020, San Francisco Bay, CA


Comment Period Extensions

For substantive rules, the APA generally requires agencies to “give interested persons an opportunity to participate in the rule making through submission of written data, views, or arguments.” 5 U.S.C. § 553(c). Agencies typically provide at least 30 or 60 days for the public to comment on proposed rules (see Executive Order 13563).

Many federal agencies have extended their comment periods during the COVID-19 pandemic, on their own initiative or in response to requests from the public citing business disruptions or other barriers to public participation caused by the pandemic. The table below lists notices in which agencies have cited the COVID-19 pandemic as a reason to extend the comment period for a rulemaking.

DATE

AGENCY

NOTICE

Sep. 3, 2020

Office of the Comptroller of the Currency; Federal Reserve System; Federal Deposit Insurance Corporation; Farm Credit Administration; National Credit Union Administration

Loans in Areas Having Special Flood Hazards; Interagency Questions and Answers Regarding Flood Insurance; Extension of Comment Period

July 30, 2020

Nuclear Regulatory Commission

Transfer of Very Low-Level Waste To Exempt Persons for Disposal

July 22, 2020

Nuclear Regulatory Commission

Interim Storage Partners Consolidated Interim Storage Facility Project

July 21, 2020

Nuclear Regulatory Commission

Emergency Preparedness for Small Modular Reactors and Other New Technologies

July 6, 2020

U.S Coast Guard

Port Access Route Study: Alaskan Arctic Coast; Reopening of Comment Period

June 24, 2020

Nuclear Regulatory Commission

Holtec International HI-STORE Consolidated Interim Storage Facility Project

June 17, 2020

Department of Energy

Energy Conservation Program: Energy Conservation Standards for Air-Cooled Commercial Package Air Conditioning and Heating Equipment and Commercial Warm Air Furnaces

May 21, 2020

Consumer Financial Protection Bureau

Debt Collection Practices (Regulation F); Extension of Comment Period

May 15, 2020

Nuclear Regulatory Commission

Backfitting, Forward Fitting, and Issue Finality Guidance

May 5, 2020

Department of Transportation

Defining Unfair or Deceptive Practices

Apr. 27, 2020

Nuclear Regulatory Commission

Holtec International HI-STORE Consolidated Interim Storage Facility Project

Apr. 24, 2020

Centers for Medicare & Medicaid Services

Medicare Program: Comprehensive Care for Joint Replacement Model Three-Year Extension and Changes To Episode Definition and Pricing; Extension of Comment Period

Apr. 23, 2020

Commodity Futures Trading Commission

Extension of Currently Open Comment Periods for Rulemakings in Response to the COVID-19 Pandemic

Apr. 20, 2020

Centers for Medicare & Medicaid Services

Medicaid Program; Preadmission Screening and Resident Review; Extension of Comment Period

Apr. 17, 2020

Environmental Protection Agency

Financial Responsibility Requirements Under CERCLA Section 108(b) for Facilities in the Chemical Manufacturing Industry; Extension of Comment Period

Apr. 16, 2020

Federal Railroad Administration

Texas Central Railroad High-Speed Rail Safety Standards

Apr. 14, 2020

Legal Services Corporation

Use of Non-LSC Funds, Transfers of LSC Funds, Program Integrity; Cost Standards and Procedures; Extension of Comment Period

Apr. 13, 2020

Federal Trade Commission

Funeral Industry Practices

Apr. 13, 2020

Office of the U.S. Trade Representative

Hearing Cancellation and Extension of Comment Period on Negotiating Objectives for a United States-Republic of Kenya Trade Agreement

Apr. 9, 2020

Nuclear Regulatory Commission

Transfer of Very Low-Level Waste To Exempt Persons for Disposal; Extension of Comment Period

Apr. 9, 2020

National Credit Union Administration

Corporate Credit Unions; Extension of Comment Period

Apr. 6, 2020

Food and Drug Administration

Laboratory Accreditation for Analyses of Foods; Extension of Comment Period

Apr. 2, 2020

Office of the Comptroller of the Currency; Federal Reserve System; Federal Deposit Insurance Corporation; Securities and Exchange Commission

Agencies will consider comments on Volcker rule modifications following expiration of comment period

Mar. 24, 2020

Consumer Financial Protection Bureau

Debt Collection Practices (Regulation F); Extension of Comment Period

Mar. 24, 2020

Food and Nutrition Service

Streamlining Program Requirements and Improving Integrity in the Summer Food Service Program

Mar. 23, 2020

Food and Nutrition Service

Simplifying Meal Service and Monitoring Requirements in the National School Lunch and School Breakfast Programs; Extension of Comment Period


Changes to In-Person and Paper Processes

For substantive rules, the APA generally requires agencies to “give interested persons an opportunity to participate in the rule making through submission of written data, views, or arguments.” 5 U.S.C. § 553(c). Although agencies now receive most comments electronically, many also permit members of the public to submit comments by mail or fax or in person.

The APA also requires that, for substantive rulemakings, agencies make applicable notices, proposed rules, and other “critical factual material” available for public inspection (see Information Interchange Bulletin No. 005). Although agencies are required by law to maintain an electronic docket for each rulemaking, many agencies also provide in-person access to docket materials in their reading rooms.

Agencies may give interested persons an opportunity to participate in the rulemaking process “with or without opportunity for oral presentation.” 5 U.S.C. § 553(c). Agencies sometimes hold public meetings or hearings during informal rulemaking—on their own initiative, when requested, or as required by various statutes, executive orders, and agency policies.

Many agencies have modified their policies for receiving mail, providing access to reading rooms, and conducting public events during the COVID-19 pandemic due to social distancing protocols and restricted access to federal facilities. The tables below lists sample notices to provide a general sense of how agencies have adapted their practices during the COVID-19 pandemic for:

For example, many agencies have restricted in-person comment submission and inspection of rulemaking materials and conducted hearings virtually. The tables below are not intended to be comprehensive.

 

Submitting Comments and Other Written Materials

DATE

AGENCY

NOTICE

Dec. 28, 2020

Department of Defense

Screening the Ready Reserve

Dec. 18, 2020

Bureau of Land Management

Forest Management Decision Protest Process and Timber Sale Administration

Dec. 18, 2020

Federal Trade Commission

Trade Regulation Rule Relating to Power Output Claims for Amplifiers Utilized in Home Entertainment Products

Dec. 9, 2020

Department of Veterans Affairs

Loan Guaranty: COVID-19 Veterans Assistance Partial Claim Payment Program

 

National Archives and Records Administration

Federal Records Management: Digitizing Permanent Records and Reviewing Records Schedules

Nov. 19, 2020

Department of Homeland Security

Employment Authorization for Certain Classes of Aliens With Final Orders of Removal

Nov. 6, 2020

Consumer Financial Protection Bureau

Consumer Access to Financial Records

Sep. 18, 2020

Department of the Treasury

Committee on Foreign Investment in the United States Case Management System Privacy Act of 1974; Proposed Implementation

Sep. 10, 2020

International Trade Administration

Regulations To Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws; Extension of Comment Period To Allow Submissions of Rebuttal Comments and Requirement of Electronic Submission of Comments and Rebuttal Comments

Aug. 25, 2020

Employe Benefits Security Administration

Hearing on Improving Investment Advice for Workers & Retirees

 

Inspecting Docket Materials

DATE

AGENCY

NOTICE

Dec. 30, 2020

Federal Energy Regulatory Commission

Qualifying Facility Rates and Requirements Implementation Issues Under the Public Utility Regulatory Policies Act of 1978

Dec. 23, 2020

Department of Education

Proposed Priorities, Requirements, and Definitions-Expanding Opportunity Through Quality Charter Schools Program (CSP)-National Dissemination Grants

Dec. 22, 2020

Environmental Protection Agency

Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals From Electric Utilities; Reconsideration of Beneficial Use Criteria and Piles; Notification of Data Availability

Dec. 1, 2020

U.S. Customs and Border Protection

Harmonization of the Fees and Application Procedures for the Global Entry and SENTRI Programs and Other Changes

Nov. 6, 2020

Consumer Financial Protection Bureau

Consumer Access to Financial Records

Oct. 9, 2020

Equal Employment Opportunity Commission

Update of Commission's Conciliation Procedures

Sep. 10, 2020

International Trade Administration

Regulations To Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws; Extension of Comment Period To Allow Submissions of Rebuttal Comments and Requirement of Electronic Submission of Comments and Rebuttal Comments

Aug. 25, 2020

Employee Benefits Security Administration

Hearing on Improving Investment Advice for Workers & Retirees

 

Attending Meetings and Hearings

DATE

AGENCY

NOTICE

Oct. 5, 2020

Food and Drug Administration

Requirements for Additional Traceability Records for Certain Foods; Proposed Rule; Public Meetings; Request for Comments

Sep. 15, 2020

Nuclear Regulatory Commission

Sunshine Act Meetings

Aug. 25, 2020

Employee Benefits Security Administration

Hearing on Improving Investment Advice for Workers & Retirees