Coronavirus (COVID-19) and Rulemaking | Administrative Conference of the United States

[Last updated May 10, 2021 2:40 PM.]

Many federal agencies have adapted their rulemaking procedures in response to the COVID-19 pandemic. Some agencies have, for example, fast-tracked implementation of policies intended to manage the crisis, provided members of the public additional time to participate in rulemaking proceedings, and adopted alternative procedures to protect the public and agency staff from further spread of the virus.

This page collects White House directives relating to rulemaking procedures during the COVID-19 pandemic, as well as rulemakings in which agencies, citing the COVID-19 pandemic, have:

invoked notice-and-comment or effective-date exceptions;
extended comment periods; or
modified in-person and paper processes for (a) submitting comments and other written materials, (b) inspecting docket materials, and (c) attending public meetings and hearings.

Please contact Gavin Young (gyoung@acus.gov) for more information or to provide additions, updates, or corrections.

White House Directives

DATE	SOURCE	NOTICE
Apr. 26, 2021	Office of Management and Budget	Memorandum for the Heads of Departments and Agencies: Promoting Public Trust in the Federal Government and Effective Policy Implementation through Interagency Review and Coordination of the American Rescue Plan Act

Notice-and-Comment and Effective-Date Exceptions

For substantive rules, the Administrative Procedure Act (APA) generally requires agencies to publish a notice of proposed rulemaking and give interested persons an opportunity to participate in the rulemaking. An agency may forego these steps when it “for good cause finds . . . that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.” 5 U.S.C. § 553(a).

The APA also requires that agencies publish or serve a substantive rule at least 30 days before its effective date. Agencies may forego this requirement when they find “good cause” for doing so. 5 U.S.C. § 553(d).

Other statutes provide for alternative notice or effective-date requirements in certain contexts.

Several agencies have cited the COVID-19 pandemic as good cause to forego the APA’s or other notice-and-comment or effective-date requirements. The table below lists notices in which agencies have cited the COVID-19 pandemic as good cause to forego such requirements.

DATE	AGENCY	NOTICE
Apr. 12, 2021	Federal Communications Commission	COVID-19 Telehealth Program
Apr. 9, 2021	Federal Communications Commission	COVID-19 Telehealth Program; Promoting Telehealth for Low-Income Consumers
Mar. 31, 2021	National Oceanic and Atmospheric Administration	Sea Turtle Conservation; Shrimp Trawling Requirements
Mar. 31, 2021	Centers for Disease Control and Prevention	Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19
Mar. 30, 2021	National Oceanic and Atmospheric Administration	Fisheries of the Exclusive Economic Zone Off Alaska; IFQ Program; Modify Temporary Transfer Provisions
Mar. 29, 2021	National Oceanic and Atmospheric Administration	Extension of Emergency Measures To Address Fishery Observer Coverage During the Coronavirus Pandemic
Mar. 23, 2021	National Credit Union Administration	Asset Thresholds
Mar. 23, 2021	Department of Health and Human Services	Implementation of Executive Order on Access to Affordable Life-Saving Medications; Final Rule; Delay of Effective Date
Mar. 22, 2021	Office of the Comptroller of the Currency; Federal Reserve System; Federal Deposit Insurance Corporation	Regulatory Capital Rule: Emergency Capital Investment Program
Mar. 22, 2021	Small Business Administration	Business Loan Program Temporary Changes; Paycheck Protection Program as Amended by American Rescue Plan Act
Mar. 22, 2021	Department of Homeland Security	Asylum Interview Interpreter Requirement Modification Due to COVID-19
Mar. 19, 2021	National Oceanic and Atmospheric Administration	Fisheries of the Exclusive Economic Zone Off Alaska; Central Gulf of Alaska Rockfish Program; Modify Season Start Date
Mar. 15, 2021	Customs and Border Protection	Mandatory Advance Electronic Information for International Mail Shipments
Mar. 10, 2021	Department of Housing and Urban Development	Manufactured Home Construction and Safety Standards; Delay of Effective Date
Mar. 9, 2021	Treasury Department	Emergency Capital Investment Program-Restrictions on Executive Compensation, Share Buybacks, and Dividends
Mar. 4, 2021	Small Business Administration	Business Loan Program Temporary Changes; Paycheck Protection Program-Revisions to Loan Amount Calculation and Eligibility
Mar. 1, 2021	Office of Personnel Management	Prevailing Rate Systems; Conduct of Local Wage Surveys
Feb. 24, 2021	Department of Health and Human Services	Enforcement Discretion Regarding Online or Web-Based Scheduling Applications for the Scheduling of Individual Appointments for COVID-19 Vaccination During the COVID-19 Nationwide Public Health Emergency
Feb. 19, 2021	U.S. Copyright Office, Library of Congress	Secure Tests
Feb. 17, 2021	Federal Reserve System	Loans to Executive Officers, Directors, and Principal Shareholders of Member Banks
Feb. 12, 2021	Federal Communications Commission	Promoting Telehealth in Rural America
Feb. 8, 2021	Homeland Security Department	Modification of Registration Requirement for Petitioners Seeking To File Cap-Subject H-1B Petitions; Delay of Effective Date
Feb. 5, 2021	Small Business Administration	Business Loan Program Temporary Changes; Paycheck Protection Program-Loan Forgiveness Requirements and Loan Review Procedures as Amended by Economic Aid Act
Jan. 19, 2021	Internal Revenue Service	Additional Guidance Regarding Limitation on Deduction for Business Interest Expense
Jan. 19, 2021	Internal Revenue Service	Tax on Excess Tax-Exempt Organization Executive Compensation
Jan. 19, 2021	Department of Agriculture	Coronavirus Food Assistance Program; Additional Assistance
Jan. 14, 2021	Small Business Administration	Business Loan Program Temporary Changes; Paycheck Protection Program as Amended by Economic Aid Act
Jan. 14, 2021	National Highway Traffic Safety Administration	Civil Penalties
Jan. 14, 2021	Small Business Administration	Business Loan Program Temporary Changes; Paycheck Protection Program Second Draw Loans
Jan. 13, 2021	Small Business Administration	Extension of Participation in 8(a) Business Development Program
Dec. 31, 2020	Federal Emergency Management Agency	Prioritization and Allocation of Certain Scarce and Critical Health and Medical Resources for Domestic Use
Dec. 29, 2020	Centers for Medicare & Medicaid Services	Medicare Program: Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs; New Categories for Hospital Outpatient Department Prior Authorization Process; Clinical Laboratory Fee Schedule: Laboratory Date of Service Policy; Overall Hospital Quality Star Rating Methodology; Physician-Owned Hospitals; Notice of Closure of Two Teaching Hospitals and Opportunity To Apply for Available Slots, Radiation Oncology Model; and Reporting Requirements for Hospitals and Critical Access Hospitals (CAHs) To Report COVID-19 Therapeutic Inventory and Usage and To Report Acute Respiratory Illness During the Public Health Emergency (PHE) for Coronavirus Disease 2019 (COVID-19)
Dec. 28, 2020	Department of Defense	Screening the Ready Reserve
Dec. 28, 2020	Centers for Medicare & Medicaid Services	Medicare Program; CY 2021 Payment Policies Under the Physician Fee Schedule and Other Changes to Part B Payment Policies; Medicare Shared Savings Program Requirements; Medicaid Promoting Interoperability Program Requirements for Eligible Professionals; Quality Payment Program; Coverage of Opioid Use Disorder Services Furnished by Opioid Treatment Programs; Medicare Enrollment of Opioid Treatment Programs; Electronic Prescribing for Controlled Substances for a Covered Part D Drug; Payment for Office/Outpatient Evaluation and Management Services; Hospital IQR Program; Establish New Code Categories; Medicare Diabetes Prevention Program (MDPP) Expanded Model Emergency Policy; Coding and Payment for Virtual Check-in Services Interim Final Rule Policy; Coding and Payment for Personal Protective Equipment (PPE) Interim Final Rule Policy; Regulatory Revisions in Response to the Public Health Emergency (PHE) for COVID-19; and Finalization of Certain Provisions from the March 31st, May 8th and September 2nd Interim Final Rules in Response to the PHE for COVID-19
Dec. 22, 2020	National Credit Union Administration	Temporary Regulatory Relief in Response to COVID-19-Extension
Dec. 18, 2020	Department of Homeland Security	Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities
Dec. 7, 2020	Department of Health and Human Services	Flexibility for Head Start Designation Renewals in Certain Emergencies
Dec. 2, 2020	Office of the Comptroller of the Currency; Federal Reserve System; Federal Deposit Insurance Corporation	Temporary Asset Thresholds
Nov. 27, 2020	Centers for Medicare & Medicaid Services	Most Favored Nation (MFN) Model
Nov. 25, 2020	Environmental Protection Agency	Chemical Data Reporting; Final Extension of the 2020 Submission Period
Nov. 16, 2020	Federal Highway Administration	Indefinite Delivery and Indefinite Quantity Contracts for Federal-Aid Construction
Nov. 12, 2020	Department of Veterans Affairs	Authority of VA Professionals To Practice Health Care
Nov. 6, 2020	Internal Revenue Service; Employee Benefits Security Administration; Centers for Medicare & Medicaid Services	Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency
Nov. 4, 2020	Department of Health and Human Services	Information Blocking and the ONC Health IT Certification Program: Extension of Compliance Dates and Timeframes in Response to the COVID-19 Public Health Emergency
Oct. 30, 2020	Department of Defense	TRICARE Coverage of National Institute of Allergy and Infectious Disease Coronavirus Disease 2019 Clinical Trials
Oct. 27, 2020	National Oceanic and Atmospheric Administration	Fisheries Off West Coast States; Emergency Action To Temporarily Extend the Primary Sablefish Fishery Season
Oct. 26, 2020	Transportation Security Administration	Security Training for Surface Transportation Employees; Compliance Dates; Amendment
Oct. 23, 2020	U.S. Agency for International Development	Procurement of Certain Essential Medical Supplies To Address the COVID-19 Pandemic
Oct. 23, 2020	Federal Deposit Insurance Corporation	Applicability of Annual Independent Audits and Reporting Requirements for Fiscal Years Ending in 2021
Oct. 22, 2020	Federal Maritime Administration	Admission and Training of Midshipmen at the United States Merchant Marine Academy; Amendment Providing an Emergency Waiver for Scholastic Requirements
Oct. 19, 2020	Small Business Administration; Department of the Treasury	Business Loan Program Temporary Changes; Paycheck Protection Program-Additional Revisions to Loan Forgiveness and Loan Review Procedures Interim Final Rules
Oct. 16, 2020	Office of the Comptroller of the Currency; Federal Reserve System; Federal Deposit Insurance Corporation	Real Estate Appraisals
Oct. 14, 2020	National Credit Union Administration	Real Estate Appraisals
Oct. 8, 2020	Department of Homeland Security	Strengthening the H-1B Nonimmigrant Visa Classification Program
Oct. 8, 2020	Employment and Training Administration	Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States
Oct. 6, 2020	Federal Aviation Administration	Second Limited Extension of Relief for Certain Persons and Operations During the Coronavirus Disease 2019 (COVID-19) Public Health Emergency
Sep. 30, 2020	Office of the Comptroller of the Currency; Federal Reserve System; Federal Deposit Insurance Corporation	Regulatory Capital Rule: Revised Transition of the Current Expected Credit Losses Methodology for Allowances
Sep. 23, 2020	Department of Homeland Security	Asylum Interview Interpreter Requirement Modification Due to COVID-19
Sep. 22, 2020	Department of Agriculture	Coronavirus Food Assistance Program
Sep. 21, 2020	Federal Communications Commission	Schools and Libraries Universal Service Support Mechanism
Sep. 21, 2020	National Oceanic and Atmospheric Administration	Extension of Emergency Measures To Address Fishery Observer Coverage During the Coronavirus Pandemic
Sep. 18, 2020	Consumer Product Safety Commission	Virginia Graeme Baker Pool and Spa Safety Act Drain Cover Standard
Sep. 18, 2020	Centers for Medicare & Medicaid Services	Medicare Program; Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and the Long-Term Care Hospital Prospective Payment System and Final Policy Changes and Fiscal Year 2021 Rates; Quality Reporting and Medicare and Medicaid Promoting Interoperability Programs Requirements for Eligible Hospitals and Critical Access Hospitals
Sep. 17, 2020	National Oceanic and Atmospheric Administration	Temporarily Increasing the Commercial Trip Limit for South Atlantic Vermilion Snapper and Recreational Bag Limit for Atlantic King Mackerel
Sep. 16, 2020	Department of Labor (Wage and Hour Division)	Paid Leave Under the Families First Coronavirus Response Act
Sep. 11, 2020	Department of Health and Human Services	Control of Communicable Diseases; Foreign Quarantine: Suspension of the Right To Introduce and Prohibition of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes
Sep. 4, 2020	Centers for Disease Control and Prevention	Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19
Sep. 3, 2020	Department of Defense	TRICARE Coverage of Certain Medical Benefits in Response to the COVID-19 Pandemic
Sep. 2, 2020	Centers for Medicare & Medicaid Services	Medicare and Medicaid Programs, Clinical Laboratory Improvement Amendments (CLIA), and Patient Protection and Affordable Care Act; Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency
Sep. 2, 2020	Securities and Exchange Commission	Temporary Amendments to Regulation Crowdfunding; Extension
Sep. 1, 2020	National Highway Traffic Safety Administration	Federal Motor Vehicle Safety Standards; Minimum Sound Requirements for Hybrid and Electric Vehicles
Aug. 27, 2020	Social Security Administration	Waiver of Recovery of Certain Overpayment Debts Accruing During the COVID-19 Pandemic Period
Aug. 27, 2020	Department of Education	Final Waivers and Extensions of the Project Periods for the American Indian Vocational Rehabilitation Services Training and Technical Assistance Center and the Vocational Rehabilitation Training Institute for the Preparation of Personnel in American Indian Vocational Rehabilitation Services
Aug. 27, 2020	Small Business Administration	Business Loan Program Temporary Changes; Paycheck Protection Program-Treatment of Owners and Forgiveness of Certain Nonpayroll Costs
Aug. 27, 2020	Centers for Medicare & Medicaid Services	Medicare Program; FY 2021 Inpatient Psychiatric Facilities Prospective Payment System (IPF PPS) and Special Requirements for Psychiatric Hospitals for Fiscal Year Beginning October 1, 2020 (FY 2021); Correction
Aug. 27, 2020	Small Business Administration	Appeals of SBA Loan Review Decisions Under the Paycheck Protection Program
Aug. 20, 2020	Department of Homeland Security	Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities
Aug. 17, 2020	Centers for Medicare & Medicaid Services	Medicare Program; CY 2021 Payment Policies Under the Physician Fee Schedule and Other Changes to Part B Payment Policies; Medicare Shared Savings Program Requirements; Medicaid Promoting Interoperability Program Requirements for Eligible Professionals; Quality Payment Program; Coverage of Opioid Use Disorder Services Furnished by Opioid Treatment Programs; Medicare Enrollment of Opioid Treatment Programs; Electronic Prescribing for Controlled Substances for a Covered Part D Drug Under a Prescription Drug Plan or an MA-PD Plan; Payment for Office/Outpatient Evaluation and Management Services; Hospital IQR Program; Establish New Code Categories; and Medicare Diabetes Prevention Program (MDPP) Expanded Model Emergency Policy
Aug. 17, 2020	Department of Education	Final Waiver and Extension of the Project Periods for the American Indian Vocational Rehabilitation Services Program
Aug. 13, 2020	Office of the Comptroller of the Currency	Collective Investment Funds: Prior Notice Period for Withdrawals
Aug. 12, 2020	Centers for Medicare & Medicaid Services	Medicare Program: Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs; New Categories for Hospital Outpatient Department Prior Authorization Process; Clinical Laboratory Fee Schedule: Laboratory Date of Service Policy; Overall Hospital Quality Star Rating Methodology; and Physician-Owned Hospitals
Aug. 10, 2020	Office of Personnel Management	Scheduling of Annual Leave by Employees Determined Necessary To Respond to Certain National Emergencies
Aug. 10, 2020	Federal Emergency Management Agency	Prioritization and Allocation of Certain Scarce and Critical Health and Medical Resources for Domestic Use
Aug. 10, 2020	Centers for Medicare & Medicaid Services	Medicare Program; Inpatient Rehabilitation Facility Prospective Payment System for Federal Fiscal Year 2021
Aug. 10, 2020	Office of Personnel Management	Paid Parental Leave
Aug. 5, 2020	Department of Housing and Urban Development	Housing Counseling Program: Revision of the Certification Timeline
Aug. 4, 2020	Centers for Medicare & Medicaid Services	Medicare Program; FY 2021 Inpatient Psychiatric Facilities Prospective Payment System (IPF PPS) and Special Requirements for Psychiatric Hospitals for Fiscal Year Beginning October 1, 2020 (FY 2021)
July 31, 2020	Consumer Product Safety Commission	Safety Standard for Hand-Held Infant Carriers
July 29, 2020	Internal Revenue Service	Recapture of Excess Employment Tax Credits Under the Families First Act and the CARES Act
July 16, 2020	Federal Reserve System	Loans to Executive Officers, Directors, and Principal Shareholders of Member Banks; Regulation O
July 15, 2020	Department of Health and Human Services	Confidentiality of Substance Use Disorder Patient Records
July 14, 2020	Department of Defense; General Services Administration; National Aeronautics and Space Administration	Federal Acquisition Regulation: Prohibition on Contracting With Entities Using Certain Telecommunications and Video Surveillance Services or Equipment
July 10, 2020	International Trade Administration	Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-19; Extension of Effective Period
July 10, 2020	Commodity Futures Trading Commission	Margin Requirements for Uncleared Swaps for Swap Dealers and Major Swap Participants
July 8, 2020	U.S. Coast Guard	Safety Zone; Amelia River, Fernandina, FL
July 1, 2020	Federal Reserve System; Office of the Comptroller of the Currency; Federal Deposit Insurance Corporation; Farm Credit Administration; Federal Housing Finance Agency	Margin and Capital Requirements for Covered Swap Entities
July 1, 2020	Department of Education	CARES Act Programs; Equitable Services to Students and Teachers in Non-Public Schools
July 1, 2020	Customs and Border Protection; Treasury Department	Implementation of the Agreement Between the United States of America, the United Mexican States, and Canada (USMCA) Uniform Regulations Regarding Rules of Origin
June 30, 2020	Consumer Financial Protection Bureau	Treatment of Certain COVID-19 Related Loss Mitigation Options Under the Real Estate Settlement Procedures Act (RESPA) (Regulation X)
June 29, 2020	Federal Aviation Administration	Limited Extension of Relief for Certain Persons and Operations During the Coronavirus Disease 2019 (COVID-19) Public Health Emergency
June 26, 2020	Federal Deposit Insurance Corporation	Assessments, Mitigating the Deposit Insurance Assessment Effect of Participation in the Paycheck Protection Program (PPP), the PPP Lending Facility, and the Money Market Mutual Fund Liquidity Facility
June 26, 2020	Small Business Administration; Department of the Treasury	Business Loan Program Temporary Changes; Paycheck Protection Program-Revisions to Loan Forgiveness and Loan Review Procedures Interim Final Rules
June 25, 2020	Department of Education	Indian Education Discretionary Grant Programs; Professional Development Program
June 19, 2020	Small Business Administration	Business Loan Program Temporary Changes; Paycheck Protection Program-Revisions to the Third and Sixth Interim Final Rules
June 17, 2020	Department of Education	Eligibility of Students at Institutions of Higher Education for Funds Under the Coronavirus Aid, Relief, and Economic Security (CARES) Act
June 16, 2020	Small Business Administration	Business Loan Program Temporary Changes; Paycheck Protection Program-Revisions to First Interim Final Rule
June 5, 2020	Department of Veterans Affairs	Home Visits in Program of Comprehensive Assistance for Family Caregivers During COVID-19 National Emergency
June 1, 2020	Federal Reserve System; Office of the Comptroller of the Currency; Federal Deposit Insurance Corporation	Regulatory Capital Rule: Temporary Exclusion of U.S. Treasury Securities and Deposits at Federal Reserve Banks From the Supplementary Leverage Ratio for Depository Institutions
June 1, 2020	National Oceanic and Atmospheric Administration	Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Extend Portions of the Fishing Year 2019 Scallop Carryover Provisions
May 29, 2020	Centers for Medicare & Medicaid Services	Medicare Program; Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and the Long-Term Care Hospital Prospective Payment System and Proposed Policy Changes and Fiscal Year 2021 Rates; Quality Reporting and Medicare and Medicaid Promoting Interoperability Programs Requirements for Eligible Hospitals and Critical Access Hospitals
May 28, 2020	Comptroller of the Currency	Director, Shareholder, and Member Meetings
May 27, 2020	Department of Veterans Affairs	Informed Consent and Advanced Directives
May 26, 2020	Department of Education	Impact Aid Program; Extension of the Application Amendment Deadline
May 22, 2020	Department of Agriculture (Rural Business-Cooperative Service; Rural Utilities Service)	Guaranteed Loanmaking and Servicing Regulations
May 21, 2020	Department of Agriculture	Coronavirus Food Assistance Program
May 19, 2020	Department of Education	Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance
May 18, 2020	Department of Health and Human Services	Enforcement Discretion Regarding COVID-19 Community-Based Testing Sites (CBTS) During the COVID-19 Nationwide Public Health Emergency
May 14, 2020	Department of Homeland Security	Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency
May 13, 2020	Federal Emergency Management Agency	Emergency Management Priorities and Allocations System (EMPAS)
May 12, 2020	Department of Defense	TRICARE Coverage and Payment for Certain Services in Response to the COVID-19 Pandemic
May 8, 2020	Centers for Medicare & Medicaid Services	Medicare and Medicaid Programs, Basic Health Program, and Exchanges; Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency and Delay of Certain Reporting Requirements for the Skilled Nursing Facility Quality Reporting Program
May 7, 2020	Securities and Exchange Commission	Temporary Amendments to Regulation Crowdfunding
May 4, 2020	Federal Aviation Administration	Relief for Certain Persons and Operations During the Coronavirus Disease 2019 (COVID-19) Outbreak
Apr. 30, 2020	Department of the Treasury	Small Business Administration Business Loan Program Temporary Changes; Paycheck Protection Program-Additional Criterion for Seasonal Employers
Apr. 27, 2020	Department of Homeland Security	Minimum Standards for Driver's Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes
Apr. 27, 2020	National Credit Union Administration	Regulatory Capital Rule: Paycheck Protection Program Lending Facility and Paycheck Protection Program Loans
Apr. 23, 2020	Federal Reserve System; Office of the Comptroller of the Currency; Federal Deposit Insurance Corporation	Regulatory Capital Rule: Temporary Changes to Community Bank Leverage Ratio Framework
Apr. 23, 2020	Federal Reserve System; Office of the Comptroller of the Currency; Federal Deposit Insurance Corporation	Regulatory Capital Rule: Transition for Community Bank Leverage Ration Network
Apr. 22, 2020	Federal Reserve System	Loans to Executive Officers, Directors, and Principal Shareholders of Member Banks
Apr. 22, 2020	Environmental Protection Agency	Continuous Emission Monitoring; Quality-Assurance Requirements During the COVID-19 National Emergency
Apr. 22, 2020	U.S. Customs and Border Protection; Department of the Treasury	Temporary Postponement of the Time To Deposit Certain Estimated Duties, Taxes, and Fees During the National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak
Apr. 21, 2020	National Credit Union Administration	Temporary Regulatory Relief in Response to COVID-19
Apr. 21, 2020	National Credit Union Administration	Real Estate Appraisals
Apr. 20, 2020	Department of Homeland Security	Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency
Apr. 17, 2020	Federal Reserve System; Office of the Comptroller of the Currency; Federal Deposit Insurance Corporation	Real Estate Appraisals
Apr. 15, 2020	Small Business Administration	Business Loan Program Temporary Changes; Paycheck Protection Program
Apr. 14, 2020	Federal Reserve System	Temporary Exclusion of U.S. Treasury Securities and Deposits at Federal Reserve Banks From the Supplementary Leverage Ratio
Apr. 14, 2020	Department of Health and Human Services	Approval Tests and Standards for Air-Purifying Particulate Respirators
Apr. 13, 2020	Federal Reserve System; Office of the Comptroller of the Currency; Federal Deposit Insurance Corporation	Regulatory Capital Rule: Paycheck Protection Program Lending Facility and Paycheck Protection Programs Loans
Apr. 10, 2020	Federal Emergency Management Agency	Prioritization and Allocation of Certain Scarce or Threatened Health and Meidcal Resources for Domestic Use
Apr. 7, 2020	Railroad Retirement Board	Available for Work
Apr. 7, 2020	Federal Energy Regulatory Commission	Delegation of Authority
Apr. 6, 2020	Centers for Medicare & Medicaid Services	Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency
Mar. 31, 2020	Securities and Exchange Commission	Relief for Form ID Filers and Regulation Crowdfunding and Regulation A Issuers Related to Coronavirus Disease 2019 (COVID-19)
Mar. 31, 2020	Federal Reserve System; Office of the Comptroller of the Currency; Federal Deposit Insurance Corporation	Regulatory Capital Rule: Revised Transition of the Current Expected Credit Losses Methodology for Allowances
Mar. 26, 2020	International Trade Administration	Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-19
Mar. 26, 2020	Federal Reserve System	Total Loss-Absorbing Capacity, Long-Term Debt, and Clean Holding Company Requirements for Systemically Important U.S. Bank Holding Companies and Intermediate Holding Companies of Systemically Important Foreign Banking Organizations: Eligible Retained Income
Mar. 23, 2020	Federal Reserve System; Office of the Comptroller of the Currency; Federal Deposit Insurance Corporation	Regulatory Capital Rule: Money Market Mutual Fund Liquidity Facility
Mar. 20, 2020	Federal Reserve System; Office of the Comptroller of the Currency; Federal Deposit Insurance Corporation	Regulatory Capital Rule: Eligible Retained Income
Mar. 20, 2020	U.S. Coast Guard	Safety Zone; COVID-19 NorCal Maritime 2020, San Francisco Bay, CA

Comment Period Extensions

For substantive rules, the APA generally requires agencies to “give interested persons an opportunity to participate in the rule making through submission of written data, views, or arguments.” 5 U.S.C. § 553(c). Agencies typically provide at least 30 or 60 days for the public to comment on proposed rules (see Executive Order 13563).

Many federal agencies have extended their comment periods during the COVID-19 pandemic, on their own initiative or in response to requests from the public citing business disruptions or other barriers to public participation caused by the pandemic. The table below lists notices in which agencies have cited the COVID-19 pandemic as a reason to extend the comment period for a rulemaking.

DATE	AGENCY	NOTICE
Apr. 16, 2021	Federal Communications Commission	Expanding Flexible Use of the 12.2-12.7 GHz Band
Mar. 10, 2021	National Highway Traffic Safety Administration	Federal Motor Vehicle Safety Standards; Test Procedures; Reopening of Comment Period
Feb. 25, 2021	Drug Enforcement Administration	Suspicious Orders of Controlled Substances
Sep. 3, 2020	Office of the Comptroller of the Currency; Federal Reserve System; Federal Deposit Insurance Corporation; Farm Credit Administration; National Credit Union Administration	Loans in Areas Having Special Flood Hazards; Interagency Questions and Answers Regarding Flood Insurance; Extension of Comment Period
July 30, 2020	Nuclear Regulatory Commission	Transfer of Very Low-Level Waste To Exempt Persons for Disposal
July 22, 2020	Nuclear Regulatory Commission	Interim Storage Partners Consolidated Interim Storage Facility Project
July 21, 2020	Nuclear Regulatory Commission	Emergency Preparedness for Small Modular Reactors and Other New Technologies
July 6, 2020	U.S Coast Guard	Port Access Route Study: Alaskan Arctic Coast; Reopening of Comment Period
June 24, 2020	Nuclear Regulatory Commission	Holtec International HI-STORE Consolidated Interim Storage Facility Project
June 17, 2020	Department of Energy	Energy Conservation Program: Energy Conservation Standards for Air-Cooled Commercial Package Air Conditioning and Heating Equipment and Commercial Warm Air Furnaces
May 21, 2020	Consumer Financial Protection Bureau	Debt Collection Practices (Regulation F); Extension of Comment Period
May 15, 2020	Nuclear Regulatory Commission	Backfitting, Forward Fitting, and Issue Finality Guidance
May 5, 2020	Department of Transportation	Defining Unfair or Deceptive Practices
Apr. 27, 2020	Nuclear Regulatory Commission	Holtec International HI-STORE Consolidated Interim Storage Facility Project
Apr. 24, 2020	Centers for Medicare & Medicaid Services	Medicare Program: Comprehensive Care for Joint Replacement Model Three-Year Extension and Changes To Episode Definition and Pricing; Extension of Comment Period
Apr. 23, 2020	Commodity Futures Trading Commission	Extension of Currently Open Comment Periods for Rulemakings in Response to the COVID-19 Pandemic
Apr. 20, 2020	Centers for Medicare & Medicaid Services	Medicaid Program; Preadmission Screening and Resident Review; Extension of Comment Period
Apr. 17, 2020	Environmental Protection Agency	Financial Responsibility Requirements Under CERCLA Section 108(b) for Facilities in the Chemical Manufacturing Industry; Extension of Comment Period
Apr. 16, 2020	Federal Railroad Administration	Texas Central Railroad High-Speed Rail Safety Standards
Apr. 14, 2020	Legal Services Corporation	Use of Non-LSC Funds, Transfers of LSC Funds, Program Integrity; Cost Standards and Procedures; Extension of Comment Period
Apr. 13, 2020	Federal Trade Commission	Funeral Industry Practices
Apr. 13, 2020	Office of the U.S. Trade Representative	Hearing Cancellation and Extension of Comment Period on Negotiating Objectives for a United States-Republic of Kenya Trade Agreement
Apr. 9, 2020	Nuclear Regulatory Commission	Transfer of Very Low-Level Waste To Exempt Persons for Disposal; Extension of Comment Period
Apr. 9, 2020	National Credit Union Administration	Corporate Credit Unions; Extension of Comment Period
Apr. 6, 2020	Food and Drug Administration	Laboratory Accreditation for Analyses of Foods; Extension of Comment Period
Apr. 2, 2020	Office of the Comptroller of the Currency; Federal Reserve System; Federal Deposit Insurance Corporation; Securities and Exchange Commission	Agencies will consider comments on Volcker rule modifications following expiration of comment period
Mar. 24, 2020	Consumer Financial Protection Bureau	Debt Collection Practices (Regulation F); Extension of Comment Period
Mar. 24, 2020	Food and Nutrition Service	Streamlining Program Requirements and Improving Integrity in the Summer Food Service Program
Mar. 23, 2020	Food and Nutrition Service	Simplifying Meal Service and Monitoring Requirements in the National School Lunch and School Breakfast Programs; Extension of Comment Period

Changes to In-Person and Paper Processes

For substantive rules, the APA generally requires agencies to “give interested persons an opportunity to participate in the rule making through submission of written data, views, or arguments.” 5 U.S.C. § 553(c). Although agencies now receive most comments electronically, many also permit members of the public to submit comments by mail or fax or in person.

The APA also requires that, for substantive rulemakings, agencies make applicable notices, proposed rules, and other “critical factual material” available for public inspection (see Information Interchange Bulletin No. 005). Although agencies are required by law to maintain an electronic docket for each rulemaking, many agencies also provide in-person access to docket materials in their reading rooms.

Agencies may give interested persons an opportunity to participate in the rulemaking process “with or without opportunity for oral presentation.” 5 U.S.C. § 553(c). Agencies sometimes hold public meetings or hearings during informal rulemaking—on their own initiative, when requested, or as required by various statutes, executive orders, and agency policies.

Many agencies have modified their policies for receiving mail, providing access to reading rooms, and conducting public events during the COVID-19 pandemic due to social distancing protocols and restricted access to federal facilities. The tables below lists sample notices to provide a general sense of how agencies have adapted their practices during the COVID-19 pandemic for:

submitting comments and other written materials,
inspecting docket materials, and
attending meetings and hearings.

For example, many agencies have restricted in-person comment submission and inspection of rulemaking materials and conducted hearings virtually. The tables below are not intended to be comprehensive.

Submitting Comments and Other Written Materials

DATE	AGENCY	NOTICE
Apr. 16, 2021	Department of Energy	Energy Conservation Program: Test Procedure for Portable Air Conditioners
Apr. 9, 2021	Consumer Financial Protection Bureau	Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X
Apr. 9, 2021	Consumer Product Safety Commission	Standard for the Flammability of Upholstered Furniture
Mar. 24, 2021	Environmental Protection Agency	South Carolina: Final Approval of State Underground Storage Tank Program Revisions, Codification, and Incorporation by Reference
Feb. 10, 2021	Customs and Border Protection	Collection of Biometric Data From Aliens Upon Entry to and Departure From the United States; Re-Opening of Comment Period
Feb. 8, 2021	U.S. Citizenship and Immigration Services	Modification of Registration Requirement for Petitioners Seeking To File Cap-Subject H-1B Petitions; Delay of Effective Date
Jan. 27, 2021	International Trade Administration	Aluminum Import Monitoring and Analysis System: Delay of Effective Date
Jan. 14, 2021	National Highway Traffic Safety Administration	Civil Penalties
Jan. 7, 2021	Department of Defense	Operational Contract Support (OCS) Outside the United States
Dec. 28, 2020	Department of Defense	Screening the Ready Reserve
Dec. 18, 2020	Bureau of Land Management	Forest Management Decision Protest Process and Timber Sale Administration
Dec. 18, 2020	Federal Trade Commission	Trade Regulation Rule Relating to Power Output Claims for Amplifiers Utilized in Home Entertainment Products
Dec. 9, 2020	Department of Veterans Affairs	Loan Guaranty: COVID-19 Veterans Assistance Partial Claim Payment Program
Dec. 1, 2020	National Archives and Records Administration	Federal Records Management: Digitizing Permanent Records and Reviewing Records Schedules
Nov. 19, 2020	Department of Homeland Security	Employment Authorization for Certain Classes of Aliens With Final Orders of Removal
Nov. 6, 2020	Consumer Financial Protection Bureau	Consumer Access to Financial Records
Sep. 18, 2020	Department of the Treasury	Committee on Foreign Investment in the United States Case Management System Privacy Act of 1974; Proposed Implementation
Sep. 10, 2020	International Trade Administration	Regulations To Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws; Extension of Comment Period To Allow Submissions of Rebuttal Comments and Requirement of Electronic Submission of Comments and Rebuttal Comments
Aug. 25, 2020	Employe Benefits Security Administration	Hearing on Improving Investment Advice for Workers & Retirees

Inspecting Docket Materials

DATE	AGENCY	NOTICE
Apr. 6, 2021	Department of Education	Proposed Priorities and Requirement-Innovative Approaches to Literacy

Dec. 30, 2020	Federal Energy Regulatory Commission	Qualifying Facility Rates and Requirements Implementation Issues Under the Public Utility Regulatory Policies Act of 1978
Dec. 23, 2020	Department of Education	Proposed Priorities, Requirements, and Definitions-Expanding Opportunity Through Quality Charter Schools Program (CSP)-National Dissemination Grants
Dec. 22, 2020	Environmental Protection Agency	Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals From Electric Utilities; Reconsideration of Beneficial Use Criteria and Piles; Notification of Data Availability
Dec. 1, 2020	U.S. Customs and Border Protection	Harmonization of the Fees and Application Procedures for the Global Entry and SENTRI Programs and Other Changes
Nov. 6, 2020	Consumer Financial Protection Bureau	Consumer Access to Financial Records
Oct. 9, 2020	Equal Employment Opportunity Commission	Update of Commission's Conciliation Procedures
Sep. 10, 2020	International Trade Administration	Regulations To Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws; Extension of Comment Period To Allow Submissions of Rebuttal Comments and Requirement of Electronic Submission of Comments and Rebuttal Comments
Aug. 25, 2020	Employee Benefits Security Administration	Hearing on Improving Investment Advice for Workers & Retirees

Attending Meetings and Hearings

DATE	AGENCY	NOTICE
Oct. 5, 2020	Food and Drug Administration	Requirements for Additional Traceability Records for Certain Foods; Proposed Rule; Public Meetings; Request for Comments
Sep. 15, 2020	Nuclear Regulatory Commission	Sunshine Act Meetings
Aug. 25, 2020	Employee Benefits Security Administration	Hearing on Improving Investment Advice for Workers & Retirees