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.

Citation: Admin. Conf. of the U.S., Recommendation 2020-2, Protected Materials in Public Rulemaking Dockets86 Fed. Reg. 6614 (Jan. 22, 2021).

Contacts:

Implementation Contact

Committee:

Final Recommendation:

Protected Materials in Public Rulemaking Dockets

Recommendation number
2020-2
Adoption Date
Committees

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.

Project Documents

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