[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
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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 
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  Federal Register / Vol. 76, No. 223 / Friday, November 18, 2011 / 
Notices  

[[Page 71510]]



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]
BILLING CODE 6110-01-P