What tool do agencies commonly use to engage the public in the rulemaking process?

Agencies utilize notice and comment procedures as a fundamental method for engaging the public in the rulemaking process. This approach is mandated by the Administrative Procedure Act (APA) and serves to ensure transparency and stakeholder involvement.

Through notice and comment, an agency first publishes a notice of a proposed rule in the Federal Register. This notice includes details about the intended rule, along with relevant data and analysis. After publication, members of the public, including individuals, businesses, and organizations, are provided a specified period during which they can submit written comments. This interaction allows the agency to gather a broad range of perspectives, insights, and potential concerns regarding the proposed rule.

Once the comment period closes, the agency reviews all the feedback, which can significantly impact the final formulation of the rule. This process exemplifies the fundamental democratic principle of public participation in government functions, ensuring that regulations are better informed and more representative of the needs and priorities of those they affect.

While direct surveys, workshops and seminars, and public forums can also play a role in gathering input, the notice and comment procedure specifically fulfills a statutory requirement for public engagement and formalizes input into the rulemaking process, making it a commonly used and essential tool for agencies.