Legal Considerations in e-Rulemaking

Recommendation 2011-1 – Legal Considerations in e-Rulemaking provides guidance on issues that have arisen in light of the change from paper to electronic rulemaking procedures. It recommends that agencies (1) consider using content analysis software to reduce the need for agency staff to spend time reading identical or nearly identical comments, (2) provide timely, online access to all studies and reports upon which they rely, (3) implement appropriate procedures for the handling of confidential, trade secret, or other protected information, (4) consider the potential need to revise Privacy Act notices and recordkeeping schedules to accommodate e-Rulemaking, and (5) replace paper files with electronic records in the rulemaking docket and in the record for appellate review.

Citation: Admin. Conf. of the U.S., Recommendation 2011-1, Legal Considerations in e-Rulemaking76 Fed. Reg. 48789 (Aug. 9, 2011).

 

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Legal Considerations in e-Rulemaking

Recommendation number
2011-1
Adoption Date

Project Documents

Name Committee Type Date File
Committee Meeting Webcast Committee on Rulemaking Webcast
Committee Meeting Webcast Committee on Rulemaking Webcast
Amendments to Proposed Recommendation Legal Considerations in e-Rulemaking Committee on Rulemaking Recommendation Download Amendments to Proposed Recommendation Legal Considerations in e-Rulemaking
Legal Considerations in e-Rulemaking Committee on Rulemaking Recommendation Download Legal Considerations in e-Rulemaking
Proposed Recommendation - Legal Considerations in e-Rulemaking Committee on Rulemaking Recommendation Download Proposed Recommendation - Legal Considerations in e-Rulemaking
Draft Recommendation for Council Review - Legal Considerations in e-Rulemaking Committee on Rulemaking Recommendation Download Draft Recommendation for Council Review - Legal Considerations in e-Rulemaking
Conference Staff's Proposed Amendments to the Revised Draft Recommendation - Legal Considerations in e-Rulemaking Committee on Rulemaking Recommendation Download Conference Staff's Proposed Amendments to the Revised Draft Recommendation - Legal Considerations in e-Rulemaking
Redline of Revisions to Draft Recommendation - Legal Considerations in e-Rulemaking Committee on Rulemaking Recommendation Download Redline of Revisions to Draft Recommendation - Legal Considerations in e-Rulemaking
Revised Draft Recommendation - Legal Considerations in e-Rulemaking Committee on Rulemaking Recommendation Download Revised Draft Recommendation - Legal Considerations in e-Rulemaking
Draft e-Rulemaking Recommendation Committee on Rulemaking Recommendation Download Draft e-Rulemaking Recommendation
Legal Issues in e-Rulemaking Report Committee on Rulemaking Report Download Legal Issues in e-Rulemaking Report
March 25, 2011 Meeting Minutes Committee on Rulemaking Meeting Minutes Download March 25, 2011 Meeting Minutes
Supplemental Research Committee Memo Committee on Rulemaking Memorandum Download Supplemental Research Committee Memo

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