What does it mean to comment on an NPRM?
The public plays an important role in the rulemaking process by commenting on proposed rules. A comment is how you can tell the Department what you think about a proposed rule. Your comments can help shape the Department's decisions.
How can I know when a rule is available for comment and learn more about the Department of Labor’s proposed rules?
For more information about the Department’s open rulemakings and other related issues, you can visit the Office of Regulatory and Programmatic Policy (ORPP) homepage.
Who can submit a comment about a proposed rule?
During the open comment period, any person or group may submit a comment in response to a proposed rule. The Wage and Hour Division (WHD) reviews and considers every comment submitted before the deadline and appreciates that each comment may bring a new or different perspective that may be helpful in developing a final rule.
When may I comment?
The Department accepts comments received within a defined time period known as the open comment period. You may find the comment period close date (i.e., the deadline) in the DATES section on the first page of the rule on which comments are solicited. Note that all comment deadlines are based on Eastern time. For example, if the comment deadline for a Notice of Proposed Rulemaking is April XX, 2024, you have until 11:59 pm Eastern time that day to complete and submit your comment.
How do I comment on a proposed rule during the open comment period?
Online at regulations.gov. One way to submit a comment is online through the Federal eRulemaking Portal at www.regulations.gov. On this website, commenters may search for a proposed rule in several ways including by key words, agency, document type, and using the rule title or the Regulatory Information Number (RIN). The proposed rule title or the RIN is provided at the beginning of the rule itself.
When you locate the rule on www.regulations.gov:
- Click the “Comment” button. You can find the “Comment” button on the following pages in Regulations.gov:
- Docket Details page
- Document Search Tab where all search results open for comment will display the “Comment” button.
- Clicking the “Comment” button will display the Comment Form.
- You can enter your comment on the form and attach files.
- You can choose how to identify yourself or you may comment anonymously.
- Ensure that you have completed all required fields, then select the “Submit Comment” button.
- Upon completion, you will receive a comment tracking number for your comment.
Online via the Federal Register. After the rule publishes in the Federal Register, you can search for and view the proposed rule at www.federalregister.gov. From the rule’s page, you can click the green “Submit a Formal Comment” button in the right corner. This opens the comment form, where you can enter you comment, upload files, and submit your comment, which will be posted on www.regulations.gov.
By Mail. Comments may also be submitted in writing at the mailing address provided in the proposed rule. However, due to possible delays in the receipt of mail, WHD strongly recommends that commenters submit their comments electronically at www.regulations.gov to make sure they are received before the end of the comment period.
May I submit an attachment with my comment?
Yes. You may submit an attachment with your comment. More information about how to attach items to your comment can be found at www.regulations.gov/faq, under the Commenting section.
WHD requests that comments contain no business proprietary information, copyrighted information, or the personally identifiable information (PII) of a third party.
What might be included in a comment?
Public comments help agencies like WHD in many ways. When you submit a comment, you can, for example:
- Show support or opposition for a proposal;
- Share relevant personal experiences;
- Respond to specific questions that were in the proposal;
- Identify language in the proposal that might be confusing or unclear;
- Offer suggestions to clarify or improve language in the proposal;
- Raise important legal or policy considerations; and/or
- Provide relevant data, statistics, or studies.
Will my comment be available to the public?
Yes, WHD has a policy of generally posting all comments received (by any means specified in the Federal Register notice) to the docket on www.regulations.gov.
Anyone who submits a timely comment should understand and expect that the comment, including attachments and other supporting materials, will become a matter of public record and will be posted without change to www.regulations.gov, including any personal information provided.
WHD does not independently verify identity or contact information provided by a commenter.
WHD posts comments gathered and submitted by a third-party organization as a group under a single document ID number on www.regulations.gov.
May I submit my comment anonymously?
Yes, although commenters who wish to remain anonymous must not include identifying information on their comments.
How can I learn more about the limitations on comment data?
The General Services Administration (GSA) manages Regulations.gov and provides more information about data limitations on their website.