Rulemaking Comments

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 regulatory actions and 30 days for other rulemakings, (3) to post comments received online within a specified period after submission, (4) to announce policies for anonymous and late-filed comments, and (5) to consider when reply and supplemental comment periods are useful.

Citation: Admin. Conf. of the U.S., Recommendation 2011-2, Rulemaking Comments76 Fed. Reg. 48,791 (Aug. 9, 2011).

 

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Final Recommendation

  • Recommendation number: 2011-2
  • Adopted on: June 16, 2011
  • Committees: Regulation

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.

In a December 2006 report titled “...

Project Documents

Name Committee Type Date
Approved Minutes from the April 25 Committee Meeting Regulation Meeting Minutes April 25, 2011 Download
Approved Minutes from the March 24 Committee Meeting Regulation Meeting Minutes March 24, 2011 Download
Comments on the Draft Recommendation submitted by Neil Eisner Regulation Public Comment April 25, 2011 Download
Comments on the Draft Recommendation submitted by Peter Strauss Regulation Public Comment April 25, 2011 Download
Consolidated Public Comments Regulation Public Comment April 25, 2011 Download
Joseph Whalen Comment Regulation Public Comment April 25, 2011 Download
Joseph Whalen Comment - Attachment Regulation Public Comment April 25, 2011 Download
Comments on the Draft Recommendation submitted by Jeff Lubbers Regulation Public Comment April 25, 2011 Download
Reeve Bull's Research Memorandum for April 25 Committee Meeting Regulation Public Comment April 18, 2011 Download
Amendments to Proposed Recommendation Rulemaking Comments Regulation Recommendation June 17, 2011 Download
Rulemaking Comments Regulation Recommendation June 16, 2011 Download
Proposed Recommendation Rulemaking Comments Regulation Recommendation May 18, 2011 Download
Draft Recommendation Considered at April 25 Committee Meeting Regulation Recommendation April 21, 2011 Download
Proposed Amendment for April 25 Committee Meeting Regulation Recommendation April 21, 2011 Download
Professor Balla's Research Report for April 25 Committee Meeting Regulation Report April 19, 2011 Download
Rulemaking Comments Report and Supplemental Research Regulation Report March 15, 2011 Download
Committee Meeting Webcast Regulation Webcast April 25, 2011 Watch Video
Committee Meeting Webcast - Part 1 Regulation Webcast March 24, 2011 Watch Video
Committee Meeting Webcast - Part 2 Regulation Webcast March 24, 2011 Watch Video
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