[Federal Register Volume 89, Number 124 (Thursday, June 27, 2024)]
[Notices]
[Pages 53657-53658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13730]


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OFFICE OF MANAGEMENT AND BUDGET


Notice of Listening Sessions: Broadening Public Participation and 
Community Engagement in the Regulatory Process

AGENCY: Office of Management and Budget, Executive Office of the 
President.

ACTION: Notice of listening sessions.

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SUMMARY: On July 19, 2023, the Office of Information and Regulatory 
Affairs (OIRA) in the Office of Management and Budget (OMB) issued a 
Memorandum, Broadening Public Participation and Community Engagement in 
the Regulatory Process, providing guidance to agencies on how to 
promote equitable and meaningful participation by a range of interested 
and affected parties, including members of underserved communities, 
during the regulatory process. The Memorandum also established guidance 
for agencies to implement the Executive Order on Modernizing Regulatory 
Review's call for proactive engagement to inform the development of 
regulatory actions and plans, with a focus on early engagement in 
agency priority-setting. In developing the Memorandum, OIRA drew on 
extensive engagement with the public, including four listening sessions 
and two public comment periods. In the Memorandum, OIRA anticipated 
organizing a follow-up listening session approximately twelve months 
from its issuance, to hear from members of the public about 
implementation of this guidance and opportunities for improvement. OIRA 
will hold three listening sessions to receive public input on the 
public's experience engaging with agency's rulemaking processes since 
the Memorandum's release.

DATES: The listening sessions will be held on July 10, 2024, at 3 to 4 
p.m., Eastern Time, and July 17, 2024, at 1 to 1:30 p.m., Eastern Time. 
Members of the public who cannot attend the listening sessions and wish 
to submit written comments should do so by sending comments to 
[email protected] before July 17, 2024.

ADDRESSES: 
    Listening Sessions: Information to access the virtual listening 
sessions will be provided upon registration. Members of the public may 
register by sending an email to [email protected], noting 
the session they would like to attend.
    Written Comments: In an effort to improve accessibility, OMB is 
offering multiple options to provide feedback. Responses can be 
submitted via the Federal eRulemaking Portal (https://www.regulations.gov/). Alternatively, public comments can be submitted 
via email at [email protected].

FOR FURTHER INFORMATION CONTACT: Please email the Office of Management 
and Budget at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Public involvement in the development of regulations can lead to 
more effective and equitable regulations, greater trust in government 
and democratic accountability, and increased public understanding of 
the regulatory process.
    Recognizing the importance of public participation, Executive Order 
14094 of

[[Page 53658]]

April 6, 2023, Modernizing Regulatory Review, encourages Federal 
agencies, to the extent practicable and consistent with applicable law, 
to inform their regulatory actions through meaningful and equitable 
opportunities for public input from a range of interested or affected 
parties, including underserved communities.
    To assist agencies in implementing the public participation 
provisions of Executive Order 14094, OIRA published a Memorandum, 
Broadening Public Participation and Community Engagement in the 
Regulatory Process.\1\ Among other things, the Memorandum offered a 
review of actions agencies should take, where practicable and 
appropriate, to support greater participation and engagement in the 
regulatory process. In particular, it discussed: (1) ``[l]everaging the 
release of the biannual Unified Agenda of Federal Regulatory Actions . 
. . to discuss agencies' past, ongoing, and upcoming participation and 
engagement with the public, including underserved communities''; and 
(2) ``[e]nsuring that agency policies on communication during the 
rulemaking process promote accessible, equitable, and meaningful 
participation and engagement, especially early on in setting regulatory 
priorities and in the early stages of rule development before a 
proposed regulation is issued for comment.'' The Memorandum identified 
leading practices for participation and engagement that agencies can 
consider using, such as taking affirmative steps to promote engagement 
where members of the public may face obstacles to participation; making 
regulatory material more accessible, understandable, and usable by the 
public; holding listening sessions, including online or technology-
enabled session, while agencies are still defining regulatory 
priorities; or providing multiple means of submitting comments and 
feedback.
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    \1\ https://www.whitehouse.gov/wp-content/uploads/2023/07/Broadening-Public-Participation-and-Community-Engagement-in-the-Regulatory-Process.pdf.
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    Since releasing the Memorandum, OIRA has worked with agencies to 
make effective use of the Unified Agenda of Federal Regulatory Actions 
(Regulatory Agenda) to expand public awareness of the opportunities 
agencies have provided, and potentially will provide, for public 
participation and community engagement. The Fall 2023 Regulatory Agenda 
included descriptions of agency efforts to engage with the public.
    Notable instances of public participation include the following:
     The Small Business Administration conducted four Tribal 
consultations and a listening session related to aspects of a proposed 
rule that would change the Native community benefits-reporting 
requirements in SBA's 8(a) Business Development program; that feedback 
contributed to SBA's decision to remove these provisions from the final 
rule.
     The Environmental Protection Agency held over forty 
external meetings, including directly engaging with Tribes, small 
businesses, and other entities, to inform its ongoing work to develop a 
proposed rule addressing risks posed by the chemical 1-bromopropane.
     The Department of Transportation's proposal to ensure air 
carriers and ticket agents provide prompt ticket refunds (including 
ancillary fees) to passengers when a flight is cancelled or 
significantly changed was informed by four public meetings, including a 
public hearing.
     The Office of Management and Budget's revision to 
Statistical Policy Directive No. 15: Standards for Maintaining, 
Collecting, and Presenting Federal Data on Race and Ethnicity, was 
informed by more than 20,000 comments, 94 listening sessions hosted by 
the Interagency Technical Working Group on Race and Ethnicity 
Standards, 3 public virtual townhalls, and a Tribal consultation.

II. Topics and Key Questions

    OMB particularly seeks feedback on the following three topic areas: 
(1) the Regulatory Agenda as a platform for highlighting past and 
future opportunities for public participation; (2) experience with 
effective opportunities for public engagement in the regulatory 
process; and (3) opportunities for strengthening public participation 
and community engagement in the regulatory process.

1. The Regulatory Agenda as a Platform for Public Participation

     Are there entries in the Regulatory Agenda that you think 
have been particularly helpful in describing how public participation 
informed an agency's regulatory process?
     Are there entries in the Regulatory Agenda that you think 
have been particularly helpful in offering information regarding 
forthcoming opportunities for public participation and engagement?
     What further improvements would you like to see regarding 
how public participation is discussed in the Regulatory Agenda?

2. Effective Opportunities for Public Engagement

     Did you find any agency actions that were particularly 
helpful in facilitating participation in an agency's regulatory 
process? Please include any specific examples.
    [cir] Did you attend an online or technology-enabled session, and, 
if so, did you find this an effective way of engaging with the agency?
    [cir] Did the agency provide multiple means of submitting comments 
and feedback in multiple formats, and were any especially effective?
    [cir] Did the agency offer plain language summaries, infographics, 
or short videos regarding the relevant issue, that sufficiently 
prepared you to provide effective input?
     Did you find the agency was asking for your input at the 
right time, such that feedback could be effectively incorporated?

3. Opportunities for Strengthening Public Participation and Community 
Engagement

     Are there any actions agencies could take to make it 
easier to participate in opportunities for public engagement? Please 
include any specific examples.
    [cir] Could an agency better inform the public of opportunities for 
public engagement?
    [cir] Could an agency make opportunities for public engagement more 
accessible?
    [cir] Are there any resources that would better prepare members of 
the public to provide effective feedback?
     Are there any actions agencies could take to better engage 
with members of affected and underserved communities?
     Are there any changes to OMB guidance that would help 
strengthen public participation in agency regulatory processes?

Richard L. Revesz,
Administrator, Office of Information and Regulatory Affairs.
[FR Doc. 2024-13730 Filed 6-26-24; 8:45 am]
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