Notice2021-17973
Notice of Public Meeting of the Assembly of the Administrative Conference of the United States
Primary source
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Published
August 23, 2021
Issuing agencies
Administrative Conference of the United States
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 160 (Monday, August 23, 2021)</title>
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[Federal Register Volume 86, Number 160 (Monday, August 23, 2021)]
[Notices]
[Pages 47050-47051]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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
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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 <a href="https://www.acus.gov/meetings-and-events/event/75th-plenary-session">https://www.acus.gov/meetings-and-events/event/75th-plenary-session</a>.
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 <a href="/cdn-cgi/l/email-protection#fe8d939d99979c9c9190be9f9d8b8dd0999188"><span class="__cf_email__" data-cfemail="a8dbc5cbcfc1cacac7c6e8c9cbdddb86cfc7de">[email protected]</span></a>.
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: <a href="https://www.acus.gov/meetings-and-events/event/75th-plenary-session">https://www.acus.gov/meetings-and-events/event/75th-plenary-session</a>.
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
<a href="https://www.acus.gov/sites/default/files/documents/20190712_Final%20Assembly-Approved%20ByLaw%20Amendments.pdf">https://www.acus.gov/sites/default/files/documents/20190712_Final%20Assembly-Approved%20ByLaw%20Amendments.pdf</a>),
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]
BILLING CODE 6110-01-P
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