(f) policies and procedures, if any, for the protection of sensitive information submitted by the public during the process of rulemaking or otherwise contained in the rulemaking record; (g) preservation of rulemaking and administrative records and public rulemaking dockets; (h) certification of the administrative record for judicial review, including the process for identifying the appropriate certifying official; and (i) relevant capabilities and limitations of recordkeeping tools and technologies. Judicial Review 12. A reviewing court should afford the administrative record for judicial review a presumption of regularity. 13. In appropriate circumstances, a reviewing court should permit or require supplementation or completion of the record on review. Supplementation or completion may be appropriate when the presumption of regularity has been such as in cases where there is a strong showing that an agency has acted improperly or in bad faith or there are credible allegations that the administrative record for judicial review is incomplete. [FR Doc. 2013-16541 Filed 7-9-13; 8:45 am] BILLING CODE 6110-01-P
(f) policies and procedures, if any, for the protection of sensitive information submitted by the public during the process of rulemaking or otherwise contained in the rulemaking record; (g) preservation of rulemaking and administrative records and public rulemaking dockets; (h) certification of the administrative record for judicial review, including the process for identifying the appropriate certifying official; and (i) relevant capabilities and limitations of recordkeeping tools and technologies. Judicial Review 12. A reviewing court should afford the administrative record for judicial review a presumption of regularity. 13. In appropriate circumstances, a reviewing court should permit or require supplementation or completion of the record on review. Supplementation or completion may be appropriate when the presumption of regularity has been such as in cases where there is a strong showing that an agency has acted improperly or in bad faith or there are credible allegations that the administrative record for judicial review is incomplete. [FR Doc. 2013-16541 Filed 7-9-13; 8:45 am] BILLING CODE 6110-01-P
78_Fed__Reg__41_358_AdminRecordRecommendations_2013.docx