This section of the FEDERAL REGISTER

contains documents other than rules or

proposed rules that are applicable to the

public. Notices of hearings and investigations,

committee meetings, agency decisions and

rulings, delegations of authority, filing of

petitions and applications and agency

statements of organization and functions are

examples of documents appearing in this

section.

Notices Federal Register

102852 

Vol. 89, No. 243 

Wednesday, December 18, 2024 

1 2 U.S.C. 1534(a). 

2 64 FR 43255 (Aug. 4, 1999). ‘‘ ‘Policies that have 

federalism implications’ refers to regulations, 

legislative comments or proposed legislation, and 

other policy statements or actions that have 

substantial direct effects on the States, on the 

relationship between the national government and 

the States, or on the distribution of power and 

responsibilities among the various levels of 

government.’’ Id. 

3 65 FR 67249 (Nov. 9, 2000). ‘‘ ‘Policies that have 

tribal implications’ refers to regulations, legislative 

comments or proposed legislation, and other policy 

statements or actions that have substantial direct 

effects on one or more Indian tribes, on the 

relationship between the Federal Government and 

Indian tribes, or on the distribution of power and 

responsibilities between the Federal Government 

and Indian tribes.’’ Id. 

4 86 FR 7491 (Jan. 29, 2021). 

5 87 FR 74479 (Nov. 30, 2022). 

ADMINISTRATIVE CONFERENCE OF 

THE UNITED STATES 

Consultation with State, Local, and 

Tribal Governments in Regulatory 

Policymaking; Request for Comments; 

Public Listening Sessions 

AGENCY: Administrative Conference of 

the United States (ACUS). 

ACTION: Notice; request for comments; 

public listening sessions. 

SUMMARY: The Office of the Chair of 

ACUS is requesting public input on 

Federal agency processes for consulting 

with State, local, and Tribal 

governments when agencies engage in 

regulatory policymaking. ACUS is 

accepting written comments and will 

hold two virtual public listening 

sessions. Responses to this request may 

inform an ongoing ACUS project, 

Consultation with State, Local, and 

Tribal Governments in Regulatory 

Policymaking, which, if warranted, may 

recommend best practices for agencies 

to use. 

DATES: Written comments must be 

received no later than 10 a.m. (ET) 

January 17, 2025. 

Two virtual public listening sessions 

will be held on Wednesday, January 8, 

2025 (3 p.m.–5 p.m. ET), and 

Wednesday, January 15, 2025 (3 p.m.– 

5 p.m. ET). 

ADDRESSES: You may submit written 

comments by email to info@acus.gov 

(with ‘‘Consultation with State, Local, 

and Tribal Governments in Regulatory 

Policymaking’’ in the subject line of the 

message), or by U.S. Mail addressed to 

Consultation with State, Local, and 

Tribal Governments in Regulatory 

Policymaking, Administrative 

Conference of the United States, Suite 

706 South, 1120 20th Street NW, 

Washington, DC 20036. ACUS will 

ordinarily post comments on the project 

web page (https://www.acus.gov/ 

projects/consultation-state-local-andtribal-governments-regulatorypolicymaking) as they are received. 

Commenters should not include 

information, such as personal 

information or confidential business 

information, that they do not wish to 

appear on the ACUS website. For the 

full ACUS public comment policy, 

please visit https://www.acus.gov/ 

policy/public-comment-policy. 

In addition to receiving written 

comments, ACUS plans to hold two 

virtual public listening sessions, 

addressing the themes specified, on the 

following dates: 

Listening Session 1—Wednesday, 

January 8, 2025 (3 p.m.–5 p.m. ET). This 

listening session will focus on issues 

pertaining to consultation with State 

and local governments. 

Listening Session 2—Wednesday, 

January 15, 2025 (3 p.m.–5 p.m. ET). 

This listening session will focus on 

issues pertaining to consultation with 

tribal governments. 

Registration is required for each 

virtual public listening session. To 

register, please send an email to info@

acus.gov by January 2, 2025 (with 

‘‘Consultation with State, Local, and 

Tribal Governments in Regulatory 

Policymaking’’ in the subject line of the 

message). In the email, please: (1) 

provide your name and organization, if 

any; (2) indicate which listening 

session(s) you would like to attend; and 

(3) indicate whether you would like to 

speak during the listening session(s). 

Online and dial-in information for the 

listening sessions will be shared with 

registered participants before each 

session. 

FOR FURTHER INFORMATION CONTACT: 

Becaja Caldwell, Attorney Advisor, 

Administrative Conference of the 

United States, 1120 20th Street NW, 

Suite 706 South, Washington, DC 20036; 

Telephone (202) 480–2080; email 

bcaldwell@acus.gov. 

SUPPLEMENTARY INFORMATION: The 

Administrative Conference Act, 5 U.S.C. 

591–596, established the Administrative 

Conference of the United States. The 

Conference studies the efficiency, 

adequacy, and fairness of the 

administrative procedures used by 

Federal agencies and makes 

recommendations to agencies, the 

President, Congress, and the Judicial 

Conference of the United States for 

procedural improvements (5 U.S.C. 

594(1)). For further information about 

the Conference and its activities, see 

www.acus.gov. 

Consultation With State, Local, and 

Tribal Governments in Regulatory 

Policymaking 

Consultation requirements represent 

an important way through which 

Congress and presidents have defined, 

structured, and institutionalized the 

Federal Government’s relationship with 

State and local governments and its 

unique nation-to-nation relationship 

with Tribal governments. The Unfunded 

Mandates Reform Act requires agencies 

to develop processes by which 

representatives of State, local, and tribal 

governments can ‘‘provide meaningful 

and timely input in the development of 

regulatory proposals containing 

significant Federal intergovernmental 

mandates.’’ 1 Executive Order (E.O.) 

13132, Federalism, requires agencies to 

consult with State and local government 

officials when ‘‘formulating and 

implementing policies that have 

federalism implications.’’ 2 E.O. 13175, 

Consultation and Coordination with 

Indian Tribal Governments, similarly 

requires agencies to consult with Tribal 

government officials when ‘‘formulating 

and implementing policies with Tribal 

implications.’’ 3

The President and Office of 

Management and Budget have 

periodically issued additional directives 

and guidance regarding consultation 

with State, local, and Tribal 

governments. Recent directives include 

President Biden’s Memorandum on 

Tribal Consultation and Strengthening 

Nation-to-Nation Relationships 4 and 

Memorandum on Uniform Standards for 

Tribal Consultation.5


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Federal Register / Vol. 89, No. 243 / Wednesday, December 18, 2024 / Notices 102853 

6Admin. Conf. of the U.S., Recommendation 

2010–1, Agency Procedures for Considering 

Preemption of State Law, 76 FR 81 (Jan. 3, 2011). 

7Admin. Conf. of the U.S., Recommendation 

2014–5, Retrospective Review of Agency Rules, 79 

FR 75114 (Dec. 17, 2014). 

8Admin. Conf. of the U.S., Recommendation 

2020–1, Rules on Rulemakings, 86 FR 6613 (Jan. 22, 

2021). 

ACUS has also emphasized the 

importance of effective consultation 

with State, local, and Tribal officials, 

recommending, for example, that 

agencies adopt best practices for 

consulting with State and local 

governments in cases of potential 

preemption of State law; 6 consider how 

State, local, and Tribal governments will 

be involved in the retrospective review 

of agency rules; 7 and codify regulations 

describing how they obtain feedback 

from State, local, and Tribal 

governments.8

Agencies have adopted a variety of 

approaches to consulting with State, 

local, and Tribal governments, and there 

is still more that can be learned from a 

comprehensive study of agency 

consultation practices. To that end, 

ACUS is undertaking a project to 

examine when and how agencies 

consult with State, local, and Tribal 

officials on regulatory policymaking. 

Among other topics, the project will 

address agency policies and procedures 

for consulting with State, local, and 

Tribal governments; agencies’ 

approaches to identifying and engaging 

with appropriate State, local, and Tribal 

officials; methods for utilizing feedback 

from State, local, and Tribal 

governments in agency decision making; 

and common issues and challenges that 

agencies face in developing and 

implementing accountable processes for 

consultation. 

Specific Topics for Public Comment 

ACUS welcomes views, information, 

and data on all aspects of strategies that 

agencies are using or might use to 

consult with State, local, and/or Tribal 

governments when they engage in 

regulatory policymaking. ACUS also 

seeks specific feedback on the following 

questions related to agencies’ 

consultation efforts: 

1. What has been your experience

regarding consultations with a Federal 

agency engaging in regulatory 

policymaking? For example, if you are 

(or were) a State, local, or Tribal 

government official, was any portion of 

the process especially easy or 

particularly difficult? Do you have 

specific suggestions for increasing the 

effectiveness of consultations in 

regulatory policymaking? 

2. If you have been involved in a

consultation, how often are (or were) 

you contacted by Federal agencies to 

consult on a particular regulatory 

policy? How often do (or did) you 

contact Federal agencies to request a 

consultation on a given regulatory 

policy? What was your experience with 

requesting a consultation? What tasks 

do (or did) you undertake as part of the 

consultation effort? At what stage in the 

regulatory policymaking process were 

you consulted by a Federal agency? In 

your experience, was that consultation 

timed too early, appropriately, or too 

late? 

3. If you have been involved in a

consultation, how did you feel your 

feedback during the consultation 

process was used by Federal agencies? 

Were you satisfied with how your input 

was used? Why or why not? Do you 

recall whether the Federal agency 

explained to you how they incorporated 

your feedback into the regulatory 

policymaking process? Do you have 

specific suggestions for incorporating 

feedback into the regulatory 

policymaking process? 

4. In your experience, are there

certain types of information that may be 

useful to share during consultation but 

which you may not want to disclose, for 

example confidential or culturally 

sensitive information? If so, do you have 

any specific recommendations for how 

Federal Government agencies can best 

manage this information as it considers 

a regulatory policy that may have 

federalism or Tribal implications? 

5. In your experience, how easy or

difficult was it to locate the appropriate 

agency official with responsibility for 

State, local, or Tribal government 

matters when seeking to or engaging in 

consultation efforts? How, if at all, did 

this impact consultation efforts? Do you 

have any specific recommendations to 

facilitate communication among 

Federal, State, local, and Tribal 

government officials for consultations 

on regulatory policymaking? 

6. If you are familiar with agency

policies on State, local, or Tribal 

government consultation, what are your 

thoughts on such policies? 

7. In your experience, what makes a

consultation successful? What makes a 

consultation unsuccessful? Do you have 

any specific recommendations on 

reducing barriers to effective and 

meaningful consultation among and 

between Federal, State, local, and Tribal 

government officials? 

8. In your opinion, what role can

State, local, and government officials 

play to facilitate consultation, and how 

should Federal Government agencies 

encourage such actions, if at all? 

Dated: December 12, 2024. 

Shawne C. McGibbon, 

General Counsel. 

[FR Doc. 2024–29931 Filed 12–17–24; 8:45 am] 

BILLING CODE 6110–01–P 

COMMISSION ON CIVIL RIGHTS 

Notice of Public Meetings of the New 

Mexico Advisory Committee to the U.S. 

Commission on Civil Rights 

AGENCY: U.S. Commission on Civil 

Rights. 

ACTION: Announcement of virtual 

briefing. 

SUMMARY: Notice is hereby given, 

pursuant to the provisions of the rules 

and regulations of the U.S. Commission 

on Civil Rights (Commission) and the 

Federal Advisory Committee Act that 

the New Mexico Advisory Committee 

(Committee) will hold a virtual briefing 

via ZoomGov on Wednesday, January 

15, 2025, for the purpose of hearing 

testimony on civil rights implications of 

immigrant detention centers in the state. 

DATES: The virtual briefing will take 

place on: 

• PANEL II: Wednesday, January 15,

2025, from 1 p.m.–3 p.m. MT. 

ADDRESSES: Zoom Webinar Link to Join: 

https://www.zoomgov.com/webinar/ 

register/WN_

om0T0CDWRNm1MKY6rV8doA. 

FOR FURTHER INFORMATION CONTACT: 

Brooke Peery, Designated Federal 

Officer (DFO), at bpeery@usccr.gov or 

(202) 701–1376.

SUPPLEMENTARY INFORMATION:

Committee meetings are available to the

public through the registration link

above. Any interested member of the

public may listen to the meeting. An

open comment period will be provided

to allow members of the public to make

a statement as time allows. Per the

Federal Advisory Committee Act, public

minutes of the meeting will include a

list of persons who are present at the

meeting. If joining via phone, callers can

expect to incur regular charges for calls

they initiate over wireless lines,

according to their wireless plan. The

Commission will not refund any

incurred charges. Callers will incur no

charge for calls they initiate over landline connections to the toll-free

telephone number. Closed captioning

will be available for individuals who are

deaf, hard of hearing, or who have

certain cognitive or learning

impairments. To request additional

accommodation, please email Angelica

Trevino, Support Specialist, at


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