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Notices
Federal Register Vol. 86, No. 128
Thursday, July 8, 2021

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.

ADMINISTRATIVE CONFERENCE OF
THE UNITED STATES
Adoption of Recommendations Administrative Conference of the United States.
ACTION: Notice.
AGENCY:

The Administrative Conference of the United States adopted four recommendations at its virtual Seventy-fourth Plenary Session. The appended recommendations are: a Managing Mass, Computer-Generated, and Falsely Attributed Comments; b Periodic Retrospective Review; c Early Input on Regulatory Alternatives; and d Virtual Hearings in Agency Adjudication. A fifth proposed recommendation, Clarifying Access to Judicial Review of Agency Action was considered but was remanded to the Committee on Judicial Review for further consideration.
FOR FURTHER INFORMATION CONTACT: For Recommendation 20211, Danielle Schulkin; for Recommendation 20212, Gavin Young; for Recommendation 20213, Mark Thomson; and for Recommendation 20214, Jeremy Graboyes. For each of these actions the address and telephone number are:
Administrative Conference of the United States, Suite 706 South, 1120
20th Street NW, Washington, DC 20036;
Telephone 2024802080.
SUPPLEMENTARY INFORMATION: The Administrative Conference Act, 5 U.S.C.
591596, established the Administrative Conference of the United States. The Conference studies the efficiency, adequacy, and fairness of the administrative procedures used by Federal agencies and makes recommendations to agencies, the President, Congress, and the Judicial Conference of the United States for procedural improvements 5 U.S.C.
5941. For further information about the Conference and its activities, see www.acus.gov. At its virtual Seventy-

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SUMMARY:

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fourth Plenary Session on June 17, 2021, the Assembly of the Conference adopted four recommendations.
Recommendation 20211, Managing Mass, Computer-Generated, and Falsely Attributed Comments. This recommendation offers agencies best practices for managing mass, computergenerated, and falsely attributed comments in agency rulemakings. It provides guidance for agencies on using technology to process such comments in the most efficient way possible while ensuring that the rulemaking process is transparent to prospective commenters and the public more broadly.
Recommendation 20212, Periodic Retrospective Review. This recommendation offers practical suggestions to agencies about how to establish periodic retrospective review plans. It provides guidance for agencies on identifying regulations for review, determining the optimal frequency of review, soliciting public feedback to enhance their review efforts, identifying staff to participate in review, and coordinating review with other agencies.
Recommendation 20213, Early Input on Regulatory Alternatives.This recommendation offers guidance about whether, when, and how agencies should solicit input on alternatives to rules under consideration before issuing notices of proposed rulemaking. It identifies specific, targeted measures for obtaining public input on regulatory alternatives from knowledgeable persons in ways that are cost-effective and equitable and that maximize the likelihood of obtaining diverse, useful responses.
Recommendation 20214, Virtual Hearings in Agency Adjudication. This recommendation addresses the use of virtual hearingsthat is, proceedings in which participants attend remotely using a personal computer or mobile devicein agency adjudications.
Drawing heavily on agencies experiences during the COVID19
pandemic, the recommendation identifies best practices for improving existing virtual-hearing programs and establishing new ones in accord with principles of fairness and efficiency and with due regard for participant satisfaction.
The Appendix below sets forth the full texts of these four recommendations, as well as three
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timely filed Separate Statements associated with Recommendation 2021
1, Managing Mass, ComputerGenerated, and Falsely Attributed Comments. The Conference will transmit the recommendations to affected agencies, Congress, and the Judicial Conference of the United States, as appropriate. The recommendations are not binding, so the entities to which they are addressed will make decisions on their implementation.
The Conference based these recommendations on research reports that are posted at: https
www.acus.gov/meetings-and-events/
plenary-meeting/74th-plenary-sessionvirtual. Committee-proposed drafts of the recommendations, and public comments received in advance of the plenary session, are also available using the same link.
Dated: July 2, 2021.
Shawne C. McGibbon, General Counsel.

AppendixRecommendations of the Administrative Conference of the United States Administrative Conference Recommendation 20211
Managing Mass, Computer-Generated, and Falsely Attributed Comments Adopted June 17, 2021
Under the Administrative Procedure Act APA, agencies must give members of the public notice of proposed rules and the opportunity to offer their data, views, or arguments for the agencies consideration.1
For each proposed rule subject to these notice-and-comment procedures, agencies create and maintain an online public rulemaking docket in which they collect and publish the comments they receive along with other publicly available information about the proposed rule.2 Agencies must then process, read, and analyze the comments received. The APA requires agencies to consider the relevant matter presented in the comments received and to provide a concise general statement of the rules 1 5 U.S.C. 553. This requirement is subject to a number of exceptions. See id.
2 See E-Government Act 206, 44 U.S.C. 3501 note establishing the eRulemaking Program to create an online system for conducting the notice-andcomment process; see also Admin. Conf. of the U.S., Recommendation 20134, Administrative Record in Informal Rulemaking, 78 FR 41358 July 10, 2013 distinguishing between the administrative record for judicial review, rulemaking record, and the public rulemaking docket.

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