Gregory D. Jones has published a comment entitled Electronic Rulemaking in the New Age of Openness: Proposing a Voluntary Two-Tier Registration System for Regulations.gov, Administrative Law Review, v. 62, no. 4 (2010), pp. 1261-1286. Here is a summary:
This Comment argues that a voluntary two-tiered registration system that acknowledges the role of interest groups in rulemaking is best suited to meet the [Obama] Administration’s goals for open government. Part I briefly reviews the history of e-rulemaking in the United States, including the recent policies by the Obama Administration. It also considers how the role played by interest groups in rulemaking offers both advantages and disadvantages to agencies, and briefly considers several technical challenges posed by the current e-rulemaking model. Part II describes the European model [represented by the European Commission’s Your Voice in Europe eParticipation service, and its Register of Interest Representatives] in more detail and explores the degree to which that model should be modified and imported to the United States. Part III considers the practical implications of importing the European model, focusing on the pros and cons of the proposed system. This Part weighs the perceived benefits of the system against its apparent costs, concluding that the import is worthwhile. In closing, this Comment recommends that the eRulemaking Program conduct an in-depth study and public consultation to further evaluate the costs of a voluntary two-tiered registration system.