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 Dockets, 86 Fed. Reg. 6614 (Jan. 22, 2021).

Contacts:

Implementation Contact

Benjamin G. Birkhill

202.480.2097 | BBirkhill@acus.gov

Committee:

Committee on Rulemaking

Featured Documents:

Protected Materials in Public Rulemaking Dockets (Final Report)

Download

Final Recommendation:

Protected Materials in Public Rulemaking Dockets

Download file

Recommendation 2020-2, Protected Materials CLEAN 12 28 2020.pdf

Recommendation number

2020-2

Adoption Date

Wed, 12/16/2020 - 12:00

Committees

Committee on Rulemaking

Project Documents

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