Protected Materials in Public Rulemaking Dockets

This project examines how agencies protect confidential business information, such as trade secrets and financial regulatory information, and personally identifiable information, such as medical information, within their public rulemaking dockets, while achieving an appropriate level of disclosure. Recommendation 2013-4, Administrative Record in Informal Rulemaking, urged agencies to seek “maximum disclosure” in the public rulemaking docket but did not address precisely how agencies should safeguard protected materials that underlie proposed rules. This project builds on Recommendation 2013-4 by studying practices agencies use to balance transparency and confidentiality in rulemaking, such as disclosing aggregate data without compromising the underlying information’s confidentiality and redacting protected information.

Contacts

Acting Committee Chair
Executive Director
The C. Boyden Gray Center for the Study of the Administrative State, George Mason University Antonin Scalia Law School
Staff Counsel
202.480.2097
trubin@acus.gov
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Committee: 

Project Documents

Name Committee Type Date
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 Andrew Simons 8 19 2020 Rulemaking Public Comment August 21, 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 Senior Fellow Richard J. Pierce, Jr. 8 18 2020 Rulemaking Member Comment August 21, 2020 Download
Committee on Rulemaking Meeting Agenda 8 18 2020 Rulemaking Agenda August 17, 2020 Download
Committee on Rulemaking Meeting Agenda 8 31 2020 Rulemaking Agenda August 28, 2020 Download
Committee on Rulemaking Meeting Agenda 8 4 2020 Rulemaking Agenda July 30, 2020 Download
Draft Report: Protected Materials in Public Rulemaking Dockets Rulemaking Report March 16, 2020 Download
Proposed Recommendation for Committee CLEAN 8 31 2020 Rulemaking Recommendation August 28, 2020 Download
Protected Materials Draft Recommendation for Committee on Rulemaking 8 4 2020 Rulemaking Recommendation July 27, 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 8 31 2020 Rulemaking Recommendation August 28, 2020 Download
Protected Materials Proposed Recommendation for Committee REDLINE WITH COMMENTS 8 18 2020 Rulemaking Recommendation August 14, 2020 Download

Committee Meetings & Events

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