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AD1MINISTRAtIVE CONFERENC[ Of CE 1 NI ISTATES
Administrative Conference Recommendation 2018-6
Improving Access to Regulations.gov's Rulemaking Dockets
Adopted December 13, 2018
As agencies develop regulations, they often seek input from the public. In order to submit
an informed comment, a member of the public needs to be able to at least: (1) access the
proposed rule and the agency's justification for it, and (2) access materials upon which the
agency substantially relied to develop the proposed rule. Commenters should also be able to
access other comments that may have been submitted on the proposed rule in time to submit
responsive comments, to the extent this is possible.
Members of the public, especially those who are subject to the rule, should be able easily
to determine whether further action has been taken on the proposed rule and, when a final rule
has been issued, to access the rule and all materials, including public comments, that informed its
development. This Recommendation seeks to make it easier for members of the public to access
these materials on Regulations.gov, thereby allowing them to contribute more effectively to the
rulemaking process and understand their regulatory obligations.
Legal Requirements for Maintaining Electronic Rulemaking Dockets
The purposes of the E-Government Act of 2002 are to improve performance in the
development and issuance of agency regulations by using information technology to increase
access, accountability, and transparency, and to enhance public participation in Government by
electronic means, consistent with [the Administrative Procedure Act].1 The E-Government Act
of 2002 requires agencies, to the extent practicable, to maintain electronic rulemaking dockets
1 E-Government Act of 2002, Pub. L. No. 107-347, § 206(a), 116 Stat. 2899, 2915 (amending 44 U.S.C. § 3501).](ViewImageLocal?handle=hein.usfed/impacrg0001&div=1&collection=&method=preview&ext=.png&size=3)