> You're complaining about servers going down while acknowledging that the number of comments was unprecedented?

Yes I am. My point is that they did a poor job at soliciting feedback--not that they didn't get a lot. The fact the volume was so high just shows how important it was for this issue. If servers are going offline, then you can show good faith by extending the comment period or addressing it in some other manor.

Being "required to solicit comments and to consider them" doesn't mean you only consider a subset containing legal arguments.