E-Rulemaking (Recommendations)

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Recommendation 2013-5, “Social Media in Rulemaking,” provides guidance to agencies on whether, how, and when social media might be used both lawfully and effectively to support rulemaking activities.

This draft recommendation, Ex Parte Communications in Informal Rulemaking, will be discussed at the Committee on Rulemaking's April 10, 2014 meeting.

This Proposed Recommendation on "Ex Parte" Communications in Informal Rulemaking was approved by the Committee on Rulemaking and will be considered by the Assembly at the 60th Plenary Session on June 5-6, 2014.

This redline shows proposed amendments to the Ex Parte Communications in Informal Rulemaking Recommendation for consideration at the 60th Plenary Session.

Recommendation 2014-4, "'Ex Parte' Communications in Informal Rulemaking," provides guidance and best practices to agencies for managing "ex parte" communications between agency personnel and nongovernmental interested persons regarding the substance of informal rulemaking proceedings conducted under 5 U.S.C. § 553.

This draft recommendation on Petitions for Rulemaking will be considered by the Committee on Rulemaking at its October 23, 2014 public meeting. 

This proposed recommendation on Petitions for Rulemaking will be considered by the Assembly at the 61st Plenary Session on December 4-5, 2014.

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...

Recommendation 2011-2, “Rulemaking Comments,” recognizes innovations in the commenting process that could promote public participation and improve rulemaking outcomes. The recommendation encourages agencies (1) to provide public guidance on how to submit effective comments, (2) to leave comment periods open for sufficient periods, generally at least 60 days for significant...

Federal agencies generally have systems in place to develop new regulations. Once those regulations have been promulgated, the agency’s attention usually shifts to its next unaddressed issue. There is increasing recognition, however, of the need to review regulations already adopted to ensure that they remain current, effective and appropriate....