Legal Considerations in e-Rulemaking

  • Recommendation number: 2011-1
  • Adopted on: June 16, 2011
  • Publication Date: June 16, 2011
  • Committees: Rulemaking
  • Tags: E-Rulemaking

Recommendation 2011-1, “Legal Considerations in e-Rulemaking,” provides guidance on issues that have arisen in light of the change from paper to electronic rulemaking procedures. It recommends that agencies (1) consider using content analysis software to reduce the need for agency staff to spend time reading identical or nearly identical comments, (2) provide timely, online access to all studies and reports upon which they rely, (3) implement appropriate procedures for the handling of confidential, trade secret, or other protected information, (4) consider the potential need to revise Privacy Act notices and recordkeeping schedules to accommodate e-Rulemaking, and (5) replace paper files with electronic records in the rulemaking docket and in the record for appellate review.


76 Fed. Reg. 48,789 (Aug. 9, 2011).