read and account for the comments (“data, views, or arguments”), though courts have only obligated agencies to directly respond to “significant” comments.
The agency then publishes a final rule, in which it is required to consider “relevant matter presented” and explain the reason for the result in terms the public can understand. In general, the agency must publish the final rule in the Federal Register not less than 30 days before the rule’s effective date. That 30-day delay is intended to give the public time to adjust to the new regulation.
As we have seen with FMCSA regulations, the effective date of a new rule may occur more than 30 days in the future to allow for training by motor carriers, drivers and enforcement personnel. Federal, state and private entities may also need time to adjust data communication channels.
FMCSA follows that APA process, as does NHTSA when issuing regulations for new cars and trucks. SAMHSA adheres to APA when issuing regulations for drug and alcohol testing.
CRAFTING EFFECTIVE COMMENTS FOR A REGULATORY DOCKET.
Practical, workable regulations – rules that can be applied to real-world situations and achieve common goals – are built through your input. The folks at FMCSA may be experts in their field, but their perspective is necessarily from a government point of view (after all, that’s their job). Your perspective, as someone applying the regulations, is critical to a satisfactory result for everyone.
And it is your individual comments that are important. In an industry as diverse as trucking, the regulatory challenges encountered by a dry van carrier may be different from those of a tank hauler. The perspective of a hazmat driver may differ from that of the short-haul driver transporting electronics. Unless you or your trade association submit comments on your unique challenges and concerns, FMCSA will have no means to accommodate them. Regulatory decisions are based on what is in the docket.
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