The full Conference of the Administrative Conference of the United States today passed an eRulemaking Recommendation with amendments. Among other issues, the recommendation, "Legal Considerations in e-Rulemaking," provides guidance to agencies on a variety of legal issues associated with eRulemaking, to include how agencies may use software to determine that submitted comments are identical or nearly identical, whether agencies can and should destroy paper copies of comments scanned to electronic form, preventing publication of inappropriate or protected information, and efficiently compiling a docket. The final recommendation will be published to the ACUS website as soon as possible. Follow all ACUS Recommendation progress on twitter at #acusrecs.

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