A few days ago I commented on a diary on EPA's proposed smog rules. I suggested that people comment on the rule and not cede the public comment period to industry. There was a positive reaction to the comment and recognition that this was not something many Kossacks were aware of. Below is a diary on the role of public comment in the regulatory process.
Regulations cover a vast swath of public policy. Environmental regulations are among the most prominent but there is no area of federal policy that is unaffected by them. These include health policy (the HCR bill will surely have some major issues that require regulatory decisions), labor policy, homeland security (expect rules on airport security soon!), and many others. Statutes are necessarily vague (it is hard to get majorities in Congress for specific details and the technical knowledge to set detailed standards does not reside in Congress). Therefore many important policy details are left to the executive branch.
However, because these decisions are made by unelected officials (admittedly heavily influenced by the President), Congress required in the Administrative Procedure Act (APA) that agencies solicit public comment on their regulatory proposals. Agencies publish a notice in the Federal Register and ask for comments usually for 60 days. They are then required to consider these comments and respond to them when issuing a final rule.
Does commenting make a difference? This is a question that is the subject of considerable dispute. By the time an agency proposes something, they are pretty attached to the policy. On the other hand, agencies know that they can't just dismiss comments or else they are in danger of having their final regulation thrown out by a court as "arbitrary and capricious."
Commenting is often dominated by powerful interest groups. These groups have the incentive to comment (the chance to influence the rule), and the resources to keep on top of agency proposals so they know when to comment. However, the internet has made it much easier for members of the general public to comment and there is every reason to think this trend will continue given the Obama Administration's interest in transparency and experimenting with new uses of the web.
By commenting, you at the very least, can let agencies know you support their proposals. This support is important if they are mainly hearing from industry opposing their proposals. If you are somewhat informed about an issue, you may be able to make this support stronger. Or, you may even have a suggestion for improving the regulation. Commenting is also an excellent way to participate in the process of our governance. It is more effective than writing to your Congressman (because agencies have to respond). If you do not expect agencies to immediately bow to your wisdom and instead view commenting as your chance to give input, then you will not be too disappointed.
How to comment? The best way is via "regualtions.gov" This site was introduced in 2001 and has recently been improved. It lets you know all pending regulations but it helps if you already know about a regulation that you want to comment on. It is not the most user friendly site but the Administration is in the process of improving it.
If you have more time you can peruse the Federal Register. Published daily, the Register (among many other things) contains all proposed and final rules issued that day by all federal agencies. These will each contain instructions on how to comment on that specific rule.
Bottom line to a long and (hopefully not too) boring post: Comment on regulations that interest you. It can't hurt. It could help. And it is an easy way to participate in policymaking.