What is Notice-and-Comment Rulemaking Communications

Notice-and-Comment Rulemaking Communications is the strategic planning, messaging, and public outreach that support an agency’s rulemaking under the Administrative Procedure Act. It focuses on clearly explaining the Notice of Proposed Rulemaking, how to submit comments, key deadlines, and the rule’s basis and purpose, while remaining impartial and compliant. Effective programs broaden participation, surface data-rich input, and withstand scrutiny by documenting outreach, summarizing themes, and clarifying how comments informed the final rule. Tactics may include plain-language summaries, stakeholder briefings, digital channels, and accessible materials that facilitate meaningful, well-substantiated public comments.

What Notice-and-Comment Rulemaking Communications Must Do

At its core, this work translates the legal mechanics of the Administrative Procedure Act into plain, practical guidance for the public without advocating for a specific outcome. Communications should:

  • Explain the NPRM clearly: what is proposed, which statutes authorize it, who is affected, and what is not changing.
  • Show people how to participate: where to submit comments, deadlines, required fields in regulations.gov or state portals, and how to request accommodations.
  • Promote meaningful, evidence-based input: spotlight the questions the agency is asking, the data types that are most useful, and how to cite sources.
  • Maintain neutrality and compliance: avoid persuading toward a policy result, adhere to plain language, accessibility, records, and privacy requirements.
  • Reach beyond usual stakeholders: identify communities affected in practice, not just those who traditionally comment, and remove barriers to participation.

Done well, communications reduce confusion, elevate the quality of submissions, and make the final rule more resilient when reviewed.

How to Execute an Effective Communications Program

Build a structured, time-bound plan aligned to the rulemaking calendar. Key components:

  • Audience mapping and message architecture: define primary audiences (directly affected entities, practitioners, researchers, community groups, general public) and tailor messages that answer: What is proposed? Why now? What information helps the agency most? What are the dates?
  • Plain-language content suite: one-page overview, FAQ, redline-style "what changes from current rule," process explainer, and short video or webinar walkthrough of how to submit a comment.
  • Accessible and multilingual delivery: WCAG-compliant pages, captioned media, screen-reader friendly PDFs, translated summaries where appropriate, and alternative submission options for people with limited internet access.
  • Stakeholder briefings and office hours: host neutral technical briefings, Q&A sessions focused on process and scope, and targeted outreach with community organizations that can relay information responsibly.
  • Digital channels with clear CTAs: landing page on the agency site, regulations portal link, email bulletins, social posts, and partner toolkits with sample copy and deadlines.
  • Comment quality guidance: provide examples of substantiated comments, prompts tied to the NPRM's questions, and reminders to include data, methodologies, and real-world impacts.
  • Issue management and FAQs: prepare responses to common misunderstandings, update FAQs as themes surface, and flag off-topic or ex parte risks for counsel.

Governance matters: align with counsel and program staff, route approvals quickly, and timestamp changes to public materials.

Proof of Impact: Metrics, Documentation, and Risk Controls

Communications should leave an auditable trail that demonstrates outreach breadth and how input shaped decisions. Focus on:

  • Participation metrics: total comments, unique submitters, diversity of submitter types, geographic distribution, and engagement over time relative to communications pushes.
  • Substance metrics: proportion of comments with citations, data attachments, or methodological detail; distribution across NPRM questions.
  • Channel performance: landing page traffic, referral sources, accessibility requests fulfilled, webinar attendance, and partner amplification.
  • Documentation package: archive of materials, distribution lists, event summaries, and a communications timeline synchronized with the rulemaking docket.
  • Comment synthesis support: thematic summaries, de-duplication approaches, representative quotes, and crosswalks that show how themes map to sections of the final rule or statement of basis and purpose.
  • Risk controls: consistency checks for neutrality, privacy review for submitted information, Section 508/WCAG logs, and sign-off records with counsel.

This evidence helps demonstrate that participation was broad, comments were substantive, and outreach complied with legal and accessibility standards.

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