I am glad to see that the federal rulemaking has become more open to participation by those upon whom it has the most impact. I only hope that our Vision Zero goals will be genuinely considered and implemented to the benefit of us all.
Along that line, I just found this interesting article from 2013 which outlines the history of participation in the federal rulemaking process.
As a policymaking process, rulemaking is a civic paradox in two senses:
1. It often has substantial direct effects not only on industry but also on individuals (including small business owners), state and local government entities, and non-governmental organizations. Yet relatively few people know about rulemaking, and even fewer understand how it works.
2. Rulemaking’s formal legal structure is an open government ideal: it has broader transparency requirements and public participation rights than any other form of federal decision-making. Yet only a limited range of stakeholders—principally, large corporations and trade and professional associations—take advantage of their right to review the information on which an agency is making its decision, or effectively exercise their right to comment on the merit of the proposed rule.
Rulemaking 2.0: Understanding What Better Public Participation Means, And Doing What It Take to Get It1 by Cynthia R. Farina2 & CeRI3, March 1, 2013
And I am looking forward to the upcoming publication of the article on Visual Rulemaking by two law professors, with the inclusion of the story of AnnaLeah and Mary and our efforts to impact truck safety rulemaking. Elizabeth Porter & Kathryn Watts, Visualizing Rulemaking, N.Y.U. L. Rev. (forthcoming 2016).