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1 Rulemaking Comments 1 (2011)

handle is hein.usfed/rulmkcm0001 and id is 1 raw text is: 0ADMINISTRATIVE CONFERENCE OF THE UNITED STATES Administrative Conference Recommendation 2011-2 Rulemaking Comments Adopted June 16, 2011 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.' 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 Interim Report on the Administrative Law, Process and Procedure Project for the 21st Century, the Subcommittee on Commercial and Administrative Law of the United States House of Representatives' Committee on the Judiciary identified a number of questions related to rulemaking comments as areas of possible study by 2 the Administrative Conference. These questions include: * Should there be a required, or at least recommended, minimum length for a comment period? * Should agencies immediately make comments publicly available? Should they permit a reply comment period? * Must agencies reply to all comments, even if they take no further action on a rule for years? Do comments eventually become sufficiently stale that they could not support a final rule without further comment? 15 U.S.C. § 553; see also Antonin Scalia, Judicial Deference to Administrative Interpretations of Law, 1989 DUKE L.J. 511, 514 (1989) (describing the notice-and-comment procedures for rulemaking under the APA as probably the most significant innovation of the legislation). 2 SUBCOMM. ON COMMERCIAL & ADMIN. LAW OF THE COMM. ON THE JUDICIARY, 109TH CONG., INTERIM REP. ON THE ADMIN. LAW, PROCESS AND PROCEDURE PROJECT FOR THE 21ST CENTURY at 3-5 (Comm. Print 2006). 1

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