Recommendation 2021-3, Early Input on Regulatory Alternatives — offers guidance about whether, when, and how agencies should solicit input on alternatives to rules under consideration before issuing notices of proposed rulemaking. It identifies specific, targeted measures for obtaining public input on regulatory alternatives from knowledgeable persons in ways that are cost-effective and equitable and that maximize the likelihood of obtaining diverse, useful responses.
Citation: Admin. Conf. of the U.S., Recommendation 2021-3, Early Input on Regulatory Alternatives, 86 Fed. Reg. 36082 (July 8, 2021).
This Recommendation offers agencies best practices for soliciting early input during the process of developing regulatory alternatives before issuing a notice of proposed rulemaking. Among other things, it recommends:
Agencies should consider several factors when determining whether to seek early input on regulatory alternatives, such as the agency’s familiarity with the underlying policy issues, the...
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