Early Input on Regulatory Alternatives

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). 

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Final Recommendation

  • Recommendation number: 2021-3
  • Adopted on: June 17, 2021
  • Committees: Regulation

Agency development of and outreach concerning regulatory alternatives prior to issuing a notice of proposed rulemaking (NPRM) on important issues often results in a better-informed notice-and-comment process, facilitates decision making, and improves rules. In this context, the term “regulatory alternative” is used broadly and could mean, among other things, a different method of regulating, a different level of stringency in the...

Project Documents

Name Committee Type Date
Agenda for Committee on Regulation 04 08 2021 Regulation Agenda April 1, 2021 Download
Agenda for Committee on Regulation 04 27 2021 Regulation Agenda April 20, 2021 Download
Comment from Public Member Jack M. Beermann Regulation Member Comment June 13, 2021 Download
Comment from Senior Fellow Alan B. Morrison Regulation Member Comment June 8, 2021 Download
Comment from Chin Yoo Regulation Member Comment April 26, 2021 Download
Memorandum - Legal Requirements for Early Input on Regulatory Alternatives Regulation Memorandum April 5, 2021 Download
Comment from the Institute for Policy Integrity Regulation Public Comment April 6, 2021 Download
Comment from Kevin Bromberg of Bromberg Regulatory Strategy Regulation Public Comment June 14, 2021 Download
Comment from Kevin Bromberg (4.23.2021) Regulation Public Comment April 23, 2021 Download
Comment from Christopher Carrigan Regulation Public Comment April 20, 2021 Download
Comment from Kevin Bromberg Regulation Public Comment April 7, 2021 Download
Draft Recommendation - Early Input on Regulatory Alternatives Regulation Recommendation April 5, 2021 Download
Early Input on Regulatory Alternatives Regulation Recommendation July 9, 2021 Download
Early Input on Regulatory Alternatives - Proposed Recommendation (Clean Version) for Plenary Regulation Recommendation June 2, 2021 Download
Recommendation from Committee on Regulation - Early Input on Regulatory Alternatives Regulation Recommendation April 27, 2021 Download
Revised Draft Recommendation - Early Input on Regulatory Alternatives - 4.20.2021 Regulation Recommendation April 20, 2021 Download
Developing Regulatory Alternatives Through Early Input (Draft Report) Regulation Report March 31, 2021 Download
Developing Regulatory Alternatives Through Early Input (Final Report) Regulation Report June 4, 2021 Download

Committee Meetings & Events