Agency Innovations in e-Rulemaking

Traditionally, the notice-and-comment rulemaking process required by 5 U.S.C. § 553 was conducted on paper: the government issued a paper notice and the public submitted paper comments. Today it seems obvious that notice should be issued, and comments received, electronically, over the Internet.

In 2002, the Office of Management and Budget determined that the government should create a single electronic system for receiving public comments on agency rules. The resulting system consists of three parts: the Federal Docket Management System (FDMS), which is the database that contains electronic versions of rulemaking documents; fdms.gov, which is the secure interface via which government agencies access the database; and regulations.gov, which is the open interface via which the public submits comments and accesses publicly-available documents in the database. All executive agencies are required to use FDMS. Some independent agencies use FDMS and some have their own electronic systems.

Project Details:  The Conference has conducted a study to review innovations and experiments in e-Rulemaking at federal agencies. The study surveys existing e-Rulemaking practices at federal agencies and identifies useful innovations and best practices that might be spread to other agencies.

Committee Meetings

The Committee on Rulemaking held meetings on this project on Wednesday, August 24, 2011 and Thursday, October 6, 2011.  Materials for these meetings are provided below.  The proposed recommendation adopted by the Committee was considered and adopted at the Conference’s Plenary Session on December 9, 2011.

Final Recommendation

Recommendation 2011-8: Agency Innovations in e-Rulemaking ()

Proposed Recommendations

Proposed e-Rulemaking Innovations Recommendation for Consideration at Plenary ()

Proposed Amendments for Plenary Consideration: Agency Innovations in e-Rulemaking ()

Revised Draft e-Rulemaking Innovations Recommendation ()

Redline of Revisions to Draft Recommendation ()

Draft e-Rulemaking Innovations Recommendation ()

Reports

Final Agency Innovations Report ()

Final Agency Innovations Report Redline ()

Agency Innovations Report ()

Minutes

Minutes of August 24 Meeting ()

Minutes of October 6 Meeting ()

Other Documents

Public Meeting Policies and Procedures ()

Watch Our Webcasts

December 9, 2011 Plenary Session

August 24, 2011 Committee Meeting

October 6, 2011 Committee Meeting

How to RSVP for Committee Meetings

Members of the public are welcome to attend meetings in person, subject to space limitations. Please contact us at comments@acus.gov to RSVP.

How to Submit Comments

You may submit comments on project documents by email to comments@acus.gov or by sending your comments to the Administrative Conference’s office.  Please identify any submission with “Committee on Rulemaking Comment” in the title.  Please click here for the Conference’s public comment policy.

Contact

Consultant
Cary Coglianese
Edward B. Shils Professor of Law
University of Pennsylvania Law School

Staff Counsel
Emily Schleicher Bremer

For all media or technical issues, please contact Kathy Kyle at 202.480.2091 or kkyle@acus.gov.