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Title: Presidential Memorandum, Negotiated Rulemaking
Author: The White House
Date: September 30, 1993
For Immediate Release
September 30, 1993

MEMORANDUM FOR
EXECUTIVE DEPARTMENTS AND SELECTED AGENCIES
ADMINISTRATOR OF THE OFFICE OF INFORMATION
AND REGULATORY AFFAIRS

SUBJECT: Negotiated Rulemaking


Today, I issued the Executive Order on Regulatory Planning and Review, which sets forth the Administrations regulatory philosophy and establishes the procedures to be followed by agencies in promulgating regulations. This order also enhances public disclosure requirements and public involvement in the regulatory review process. In section 6 (a) of the order, I direct each agency to explore and, where appropriate, use consensual mechanisms for developing regulations, including negotiated rulemaking. Consistent with that directive and the recommendation of the National Performance Review on this issue, I further direct each agency, within 90 days of this order, to (i) identify to OIRA at least one rulemaking which the agency will, within the upcoming year, develop through the use of negotiated rulemaking or (ii) explain to OIRA why the use of negotiated rulemaking will not be feasible in the upcoming year.

I further direct the Administrator of OIRA to publish this memorandum in the Federal Register.

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