"ACUS is a public-private partnership designed to make the government work better."
PRESIDENT BARACK OBAMA
Recommendation 2011-2 – Rulemaking Comments addresses certain best practices for agencies to consider in conducting the “comment” aspect of traditional notice-and-comment rulemaking under the Administrative Procedure Act. The recommendation addresses a possible minimum period for comments, standards for extension of the comment period, availability of comments to the public and provision for reply comments, whether agency delays may require updated comment periods, and the circumstances warranting confidentiality of material filed in public comments.
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...
In the past several years, the Administrative Conference has adopted a number of recommendations that address various subjects related to e-Rulemaking. These recommendations share a common focus and goal and represent incremental contributions to an evolving body of work. The Conference is accordingly pursuing joint implementation of these recommendations, including the following:
Recommendation 2011-1, Legal Considerations in e-Rulemaking. This recommendation provides guidance on various legal issues agencies face in e-Rulemaking, including how to efficiently and effectively deal with large numbers of identical comments and how to transfer paper comments to electronic dockets.
Recommendation 2011-2, Rulemaking Comments. This recommendation identifies best practices in the comment process, including with respect to minimum comment periods, reply comments, late comments, and anonymous comments.
Recommendation 2011-8, Agency Innovations in e-Rulemaking. This recommendation suggests ways in which agencies can improve their websites to facilitate public accessibility and engagement in the rulemaking process, so as to achieve the promise of e-Rulemaking.
Recommendation 2013-5, Social Media in Rulemaking. This recommendation provide guidance to agencies on whether, when, and how to use social media to lawfully and effectively support rulemaking activities.
Agencies that are planning or pursuing innovative strategies to leverage technology to improve public engagement in the rulemaking process are encouraged to consider these recommendations. They are also invited to contact staff counsels Emily S. Bremer or Reeve T. Bull with any questions, concnerns, or updates related to these activities. Suggestions for new studies that may lead to recommendations further contributing to this body of work are also welcome.
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The Administrative Conference of the United States frequently seeks public comments on its proposed recommendations, reports, regulations, and other agency matters.