ACUS Seeks Input on Comment Processing in Agency Rulemaking

By John Kowalski, regulatory affairs lead, Software, UL Solutions

On October 26, 2026, the Administrative Conference of the United States (ACUS) published a request for comments in the Federal Register seeking public input on federal agency approaches and processes for receiving, publicizing, analyzing, and responding to comments related to rulemaking proceedings. Public comments are an important part of the federal rulemaking process because they provide interested parties with an opportunity to share information and perspectives concerning proposed agency actions. ACUS notes that comments can identify potential impacts, implementation challenges, and alternative regulatory approaches. Agencies must also adequately address significant public comments when developing final actions.

The request for comments is part of an ACUS project titled Processing Public Comments in Agency Rulemaking. The project is examining how agencies receive comments, make them available to agency personnel, contractors, and the public, analyze their content, and develop responses. ACUS is also considering agencies' organizational practices, their use of contractors, and their procurement and use of technological tools, including algorithmic tools, to receive, analyze, and respond to comments.

Among other topics, ACUS is seeking information on how agencies use Regulations.gov and the Federal Docket Management System, as well as electronic comment systems developed by individual agencies. ACUS is also examining the processes and technologies that agencies use to analyze comments, who participates in those processes, and how agencies develop responses to comments as they prepare final rules.

ACUS is particularly interested in how public comments affect the substance of final rules and which aspects of agency comment processing procedures are working well. It is also seeking input on problems with existing processes, as well as potential solutions. If warranted, the results of the project may form the basis for ACUS recommendations on best practices for federal agencies.

This request for comments may be of particular interest to entities that are subject to regulation under the Toxic Substances Control Act (TSCA). That’s because the U.S. Environmental Protection Agency (EPA) often receives numerous comments on rules that it proposes under the TSCA. For example, EPA received 779 comments on a proposed rule to amend the reporting requirements for Perfluoroalkyl and Polyfluoroalkyl Substances under TSCA Section 8(a)(7). As of November 2, 2026, that proposed rule, which was published on November 13, 2025, had still not been finalized.

Interested parties may submit comments by email to info@acus.gov, with “Processing Public Comments in Agency Rulemaking” in the subject line, or by U.S. mail. ACUS states that it ordinarily will post comments on the project webpage as they are received. So, commenters should not submit personal or confidential business information that they do not want to be publicly disclosed. Written comments must be received no later than 10:00 a.m. (ET) on December 28, 2026.