[Federal Register Volume 76, Number 223 (Friday, November 18, 2011)]
[Notices]
[Pages 71510-71511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29812]
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Notices
Federal Register
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This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
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Federal Register / Vol. 76, No. 223 / Friday, November 18, 2011 /
Notices
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ADMINISTRATIVE CONFERENCE OF THE UNITED STATES
Meeting of the Assembly of the Administrative Conference of the
United States
ACTION: Notice of public meeting.
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SUMMARY: Pursuant to the Federal Advisory Committee Act (Pub. L. 92-
463), notice is hereby given of a meeting of the Assembly of the
Administrative Conference of the United States to consider proposed
recommendations which deal with: (1) Innovations in e-rulemaking, (2)
international regulatory cooperation, (3) the Federal Advisory
Committee Act, and (4) incorporation by reference. To facilitate public
participation, the Conference is inviting public comment on the
recommendations that will be considered at the meeting.
DATES: Meeting dates are Thursday, December 8, 2011, 2 p.m. to 6 p.m.;
and Friday, December 9, 2011, 9 a.m. to 12:30 p.m. Comments on the
recommendations must be received by noon, Friday, December 2, 2011.
ADDRESSES: The Public Meeting will be held at the Commodity Futures
Trading Commission, Three Lafayette Centre, 1155 21st Street NW.,
Washington, DC 20581 (Main Conference Room).
Submit comments to either of the following: email
[email protected], with ``December 2011 Plenary Session Comments'' in
the subject line; or mail to December 2011 Plenary Session Comments,
Administrative Conference of the United States, Suite 706 South, 1120
20th Street NW., Washington, DC 20036.
FOR FURTHER INFORMATION CONTACT: Shawne McGibbon, General Counsel (the
Designated Federal Officer), Administrative Conference of the United
States, Suite 706 South, 1120 20th Street NW., Washington, DC 20036;
Telephone (202) 480-2088.
SUPPLEMENTARY INFORMATION: The Administrative Conference of the United
States makes recommendations to administrative agencies, the President,
Congress, and the Judicial Conference of the United States regarding
the improvement of Federal administrative procedures (5 U.S.C. 594).
The objectives of these recommendations are to ensure that private
rights may be fully protected and regulatory activities and other
Federal responsibilities may be carried out expeditiously in the public
interest, to promote more effective public participation and efficiency
in the rulemaking process, reduce unnecessary litigation in the
regulatory process, improve the use of science in the regulatory
process, and improve the effectiveness of laws applicable to the
regulatory process (5 U.S.C. 591).
The membership of the Conference meeting in plenary session
constitutes the Assembly of the Conference (5 U.S.C. 595). The Assembly
will meet in plenary session to consider four proposed recommendations:
(1) The recommendation ``Agency Innovations in e-Rulemaking''
addresses how Federal agency rulemaking can be improved by better use
of Internet-based technologies. The goal of the project was to assess
the landscape of existing innovative rulemaking technologies, and
identify the most useful innovations and best practices that might be
spread to other agencies. The recommendation proposes ways agencies can
make rulemaking information, including open dockets, comment polices,
and materials from completed rulemakings, more accessible
electronically. The recommendation also addresses the issue of
improving e-rulemaking participation by those who have historically
faced barriers to access, including non-English speakers, users of low-
bandwidth Internet connections, and individuals with disabilities.
(2) The recommendation ``International Regulatory Cooperation''
addresses how U.S. regulators can interact with their foreign
counterparts to accomplish their domestic regulatory missions and
eliminate unnecessary non-tariff barriers to trade more effectively.
This project is intended to update Recommendation 91-1, ``Federal
Agency Cooperation with Foreign Government Regulators,'' which was
adopted by the Administrative Conference in 1991. The recommendation
includes proposals for enhanced cooperation and information gathering,
more efficient deployment of limited resources, and better information
exchanges that result in evidence-based decision making.
(3) The recommendation on the ``Federal Advisory Committee Act
(FACA)'' addresses the issue of whether FACA is functioning effectively
and efficiently almost 40 years after its enactment. Some of the
relevant questions regarding FACA are whether it is hampering Federal
agencies' ability to obtain outside advice and whether it provides
sufficient transparency in the advisory committee process. The
recommendation offers three sets of proposed revisions to the existing
FACA regime to make the law more relevant in light of agency experience
with FACA and 21st century technologies. Specifically, the
recommendation includes proposals designed to clarify the scope of FACA
and its implementing regulations, alleviate certain procedural burdens
associated with the existing regime, and promote ``best practices''
aimed at enhancing the transparency and objectivity of the advisory
committee process.
(4) The recommendation ``Incorporation by Reference'' addresses the
legal and policy issues related to agencies' adoption of or references
to standards or other materials that have been published elsewhere.
Incorporation by reference is common partly because Federal policy
requires regulatory agencies to use voluntary consensus standards in
lieu of government-designed standards when doing so is not impractical
or inconsistent with the statutory mission. That policy builds upon
Recommendation 78-4, ``Federal Agency Interaction with Private
Standard-Setting Organizations in Health and Safety Regulation,''
adopted by the Conference in 1978. That recommendation encouraged the
use of voluntary consensus standards in health and safety regulation.
In the ensuing years, many agencies have promulgated thousands of
regulations using standards that incorporate by reference standards
published elsewhere. This practice raises common issues that individual
agencies deal with differently, and the aim of the recommendation is to
consolidate the
[[Page 71511]]
dispersed knowledge of affected agencies, identify best practices, and
recommend ways to improve the process.
This meeting will be open to the public and may end prior to the
designated end time if business is concluded earlier. Members of the
public are invited to attend the meeting in person, subject to space
limitations. The Conference will also provide remote public access to
the meeting via webcast. Anyone who wishes to attend the meeting in
person is asked to RSVP to [email protected], no later than December 6,
2011, in order to facilitate entry. Members of the public who attend
the meetings of the full Assembly are only permitted to speak with the
consent of the Chairman and the unanimous approval of the members. The
Conference welcomes the attendance of the public and will make every
effort to accommodate persons with physical disabilities or special
needs. If you need special accommodations due to disability, please
inform the contact person noted above no later than 7 days in advance
of the meeting.
Members of the public may submit written comments on any or all of
the recommendations to either of the addresses listed above no later
than noon, December 2, 2011. Copies of the proposed recommendations and
information on remote access will be available at http://www.acus.gov.
Comments relating to the individual proposed recommendations will be
delivered to the Designated Federal Officer listed on this notice and
will be posted on the Conference's Web site when received. Comments
received at this stage will be available to the full Assembly prior to
their consideration of the final recommendations.
Dated: November 14, 2011.
Shawne McGibbon,
General Counsel.
[FR Doc. 2011-29812 Filed 11-17-11; 8:45 am]
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