Protected Materials in Public Rulemaking Dockets

Recommendation 2020-2, Protected Materials in Public Rulemaking Dockets  offers agencies best practices for protecting sensitive personal and confidential commercial information in public rulemaking dockets. It identifies, in particular, best practices for agencies to use when redacting, summarizing, and aggregating comments that contain such information. It also encourages agencies to provide public notices that discourage commenters from submitting such information in the first place.

Contacts

Implementation Contact
202.480.2097
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Committee: 

Final Recommendation

  • Recommendation number: 2020-2
  • Adopted on: December 16, 2020
  • Committees: Rulemaking

As part of the rulemaking process, agencies create public rulemaking dockets, which consist of all rulemaking materials agencies have: (1) proactively published online or (2) made available for public inspection in a reading room. Public rulemaking dockets include materials agencies generate themselves and comments agencies receive from the public. Their purpose is to provide the public with the information that informed agencies’...

Project Documents

Name Committee Type Date
Agenda for Committee on Rulemaking Meeting 11 18 2020 Rulemaking Agenda November 16, 2020 Download
Committee on Rulemaking Meeting Agenda 8 31 2020 Rulemaking Agenda August 28, 2020 Download
Committee on Rulemaking Meeting Agenda 8 18 2020 Rulemaking Agenda August 17, 2020 Download
Committee on Rulemaking Meeting Agenda 8 4 2020 Rulemaking Agenda July 30, 2020 Download
Comment from Government Member James L. Anderson 12 14 2020 Rulemaking Member Comment December 14, 2020 Download
Comment from Public Member Jack M. Beermann 12 14 2020 Rulemaking Member Comment December 14, 2020 Download
Comment from Special Counsel Jeffrey S. Lubbers 12 11 2020 Rulemaking Member Comment December 11, 2020 Download
Comment from Government Member Robert F. Stone 11 20 2020 Rulemaking Member Comment December 3, 2020 Download
Comment from Senior Fellow Richard J. Pierce, Jr. 8 18 2020 Rulemaking Member Comment August 21, 2020 Download
Comment from ACUS Government Member Robert F. Stone (8 14 2020) Rulemaking Member Comment August 17, 2020 Download
Comment from ACUS Senior Fellow Neil R. Eisner (8 17 2020) Rulemaking Member Comment August 17, 2020 Download
Comment from ACUS Senior Fellow Richard J. Pierce, Jr. (August 4, 2020) Rulemaking Member Comment August 14, 2020 Download
Comment from Liaison Representative Thomas M. Sussman (7 30 2020) Rulemaking Member Comment July 30, 2020 Download
Comment from Margy O'Herron 8 26 2020 Rulemaking Public Comment August 26, 2020 Download
Comment from Andrew Simons 8 19 2020 Rulemaking Public Comment August 21, 2020 Download
Protected Materials in Public Rulemaking Dockets Rulemaking Recommendation December 31, 2020 Download
Protected Materials in Public Rulemaking Dockets Redline for Plenary 12 16 2020 Rulemaking Recommendation December 15, 2020 Download
Proposed Recommendation for Plenary CLEAN 12 16 2020 (Protected Materials) Rulemaking Recommendation December 3, 2020 Download
Proposed Recommendation from Committee on Rulemaking 11 18 2020 (Protected Materials in Public Rulemaking Dockets) Rulemaking Recommendation November 30, 2020 Download
Proposed Recommendation for Committee REVISED CLEAN WITH COMMENTS (11 18 2020) Rulemaking Recommendation November 18, 2020 Download
Proposed Recommendation for Committee REVISED REDLINE WITH COMMENTS (11 18 2020) Rulemaking Recommendation November 18, 2020 Download
Protected Materials Proposed Recommendation for Committee CLEAN (Nov 18 2020) Rulemaking Recommendation November 16, 2020 Download
Protected Materials Proposed Recommendation for Committee REDLINE (Nov 18 2020) Rulemaking Recommendation November 16, 2020 Download
Proposed Recommendation for Committee CLEAN 8 31 2020 Rulemaking Recommendation August 28, 2020 Download
Protected Materials Proposed Recommendation for Committee REDLINE 8 31 2020 Rulemaking Recommendation August 28, 2020 Download
Protected Materials Proposed Recommendation for Committee CLEAN WITH COMMENTS 8 18 2020 Rulemaking Recommendation August 14, 2020 Download
Protected Materials Proposed Recommendation for Committee REDLINE WITH COMMENTS 8 18 2020 Rulemaking Recommendation August 14, 2020 Download
Protected Materials Draft Recommendation for Committee on Rulemaking 8 4 2020 Rulemaking Recommendation July 27, 2020 Download
Final Report for Protected Materials in Public Rulemaking Dockets Rulemaking Report November 24, 2020 Download
Draft Report: Protected Materials in Public Rulemaking Dockets Rulemaking Report March 16, 2020 Download

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