One of the primary innovations associated with the Administrative Procedure Act (“APA”) was its implementation of a comment period in which agencies solicit the views of interested members of the public on proposed rules.1 The procedure created by the APA has come to be called “notice-and-comment rulemaking,” and comments have become an integral part of the overall rulemaking process....
Project Stages:1. Gather ideas - Completed
2. Select ideas - Completed
3. Council approval - Completed
4. Picking a researcher - Completed
5. Committee consideration - Completed
6. Back to the council - Completed
7. Consideration by the full conference - Completed
8. Implementation - Current
Agencies conduct most rulemaking proceedings via the process of “notice and comment.” Under this process, an agency publishes notice of a proposed rule in the Federal Register, gives the public a period of time in which to comment, and then issues a final rule after considering the comments received. See 5 U.S.C. § 553. The Recommendation addresses various legal and practical issues that arise in connection with the “comment” phase of notice-and-comment rulemaking and that were raised in the Interim Report on the Administrative Law, Process and Procedure Project for the 21st Century issued in December 2006 by the Subcommittee on Commercial and Administrative Law of the Committee on the Judiciary of the U.S. House of Representatives. The Recommendation provides best practices on a number of aspects of the comment process, including, amongst other things, minimum comment periods, reply comments, late comments, and anonymous comments.