[Federal Register Volume 86, Number 160 (Monday, August 23, 2021)]
[Notices]
[Pages 47050-47051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17973]


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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 
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  Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / 
Notices  

[[Page 47050]]



ADMINISTRATIVE CONFERENCE OF THE UNITED STATES


Notice of Public Meeting of the Assembly of the Administrative 
Conference of the United States

AGENCY: Administrative Conference of the United States.

ACTION: Notice.

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SUMMARY: The Assembly of the Administrative Conference of the United 
States will meet during a plenary session to vote on modifications to a 
recommendation that was considered at its 74th Plenary Session on June 
17, 2021. The plenary session will take place entirely by electronic 
voting, without an in-person component. Written comments regarding the 
modifications may be submitted in advance, and the voting results will 
be accessible to the public.

DATES: The meeting (i.e., electronic voting) will take place beginning 
on Monday, September 13, 2021, at 9 a.m., and continue through Friday, 
September 17, 2021, at 12 noon.

ADDRESSES: The meeting will be conducted by electronic voting and will 
have no physical location or in-person component. Additional 
information about the meeting will be available on the agency's website 
prior to the meeting at https://www.acus.gov/meetings-and-events/event/75th-plenary-session.

FOR FURTHER INFORMATION CONTACT: Shawne McGibbon, General Counsel 
(Designated Federal Officer), Administrative Conference of the United 
States, Suite 706 South, 1120 20th Street NW, Washington, DC 20036; 
Telephone 202-480-2080; email [email protected].

SUPPLEMENTARY INFORMATION: The Administrative Conference of the United 
States makes recommendations to federal agencies, the President, 
Congress, and the Judicial Conference of the United States regarding 
the improvement of administrative procedures (5 U.S.C. 594). The 
membership of the Conference, when meeting in plenary session, 
constitutes the Assembly of the Conference (5 U.S.C. 595).
    Agenda: The Assembly will vote on the adoption of a single proposed 
amended recommendation, Clarifying Statutory Access to Judicial Review 
of Agency Action, which is described below.
    Conduct of the Online Meeting: Electronic voting on this amended 
proposed recommendation will take place over a period of several days. 
The period for voting will commence at 9 a.m. on Monday, September 13, 
and will end at 12 noon on Friday, September 17. Assembly members may 
vote by email at any time during this period and the public may submit 
comments in writing.
    Clarifying Statutory Access to Judicial Review of Agency Action. As 
was the case with the original proposed recommendation (which the 
Assembly considered at the Conference's 74th Plenary Session on June 
17, 2021), this amended proposed recommendation urges Congress to enact 
a cross-cutting statute that addresses certain recurring technical 
problems in statutory provisions governing judicial review of agency 
action that may cause unfairness, inefficiency, or unnecessary 
litigation. It also offers a set of drafting principles for Congress 
when it writes new or amended judicial review statutes. It draws in 
large part on ACUS's forthcoming Sourcebook of Federal Judicial Review 
Statutes, which analyzes the provisions in the U.S. Code governing 
judicial review of rules and adjudicative orders and identifies 
recurring drafting problems in them.
    The original proposed recommendation was not adopted at the 74th 
Plenary Session. Instead, the Assembly remanded the recommendation to 
the Conference's Committee on Judicial Review to address a technical 
matter relating to rulemakings with post-promulgation comment periods 
(i.e., rulemakings in which an agency promulgates a rule before 
receiving and considering public comment).
    The Committee on Judicial Review met during a public meeting on 
July 22, 2021, to address the remand. Members of the Committee 
unanimously agreed that the optimal approach to the problems posed by 
rulemakings with post-promulgation comment periods is to exempt such 
rulemakings from the scope of the recommendation. Numbered paragraphs 2 
and 4(b) of the recommendation were therefore modified to clarify that 
they apply only in cases where a final rule is published in the Federal 
Register after the public has been given a chance to comment on the 
rule. Corresponding edits were made to the preamble of the 
recommendation.
    Additional information about the recommendation, including the 
history of its development, prior public comments, etc., can be found 
at the 75th Plenary Session page on the Conference's website prior to 
the start of the meeting: https://www.acus.gov/meetings-and-events/event/75th-plenary-session.
    Public Participation: The public may participate by submitting 
comments before and during the voting process. Relevant public comments 
will be posted, generally the same day, on the 75th Plenary Session web 
page. Voting members will have the opportunity to view and consider the 
comments during the voting process. The voting results will be made 
available on the same web page after voting has concluded.
    Written Comments: Persons who wish to comment on the amendments may 
do so by submitting a written statement either online by clicking 
``Submit a comment'' on the 75th Plenary Session web page shown above 
or by mail addressed to: September 2021 Plenary Session Comments, 
Administrative Conference of the United States, Suite 706 South, 1120 
20th Street NW, Washington, DC 20036. Written submissions must be 
received prior to the end of voting at 12:00 noon (EDT), Friday, 
September 17, 2021.
    Per the Conference's bylaws (located on the agency's website at 
https://www.acus.gov/sites/default/files/documents/20190712_Final%20Assembly-Approved%20ByLaw%20Amendments.pdf), 
Conference members who disagree in whole or in part with a 
recommendation adopted by the Assembly are entitled to enter a separate 
statement, which will be published together with the official 
publication of the recommendation. Notification of intention to file a 
separate statement must be given to the

[[Page 47051]]

Executive Director not later than the last day of the plenary session 
at which the recommendation is adopted, and any such separate statement 
must be filed within 10 calendar days after the close of the session.
    Authority: 5 U.S.C. 595.

    Dated: August 17, 2021.
Shawne McGibbon,
General Counsel.
[FR Doc. 2021-17973 Filed 8-20-21; 8:45 am]
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