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49 CFR 7.17 - Consultation with submitters of commercial and financial
information.

Code
of Federal Regulations - Title 49: Transportation

Updated to:
October 01, 2010
Linked
as:

Text

Title 49: Transportation

Subtitle A: Office of the Secretary
of Transportation

PART 7: PUBLIC AVAILABILITY OF
INFORMATION

Subpart C: Availability of Reasonably Described Records Under
the Freedom of Information Act

7.17 - Consultation with submitters of
commercial and financial information.(a) If a request is received for
information that has been designated by the submitter as confidential commercial
information, or which DOT has some other reason to believe may contain
information of the type described in ? 7.13(c)(4), the submitter of such
information will, except as is provided in paragraphs (c) and (d) of this
section, be notified expeditiously and asked to submit any written objections to
release. At the same time, the requestor will be notified that notice and an
opportunity to comment are being provided to the submitter. The submitter will,
to the extent permitted by law, be afforded a reasonable period of time within
which to provide a detailed statement of any such objections. The submitter's
statement shall specify all grounds for withholding any of the information. The
burden shall be on the submitter to identify all information for which exempt
treatment is sought and to persuade the agency that the information should not
be disclosed.

(b) The responsible DOT component will, to the extent
permitted by law, consider carefully a submitter's objections and specific
grounds for nondisclosure prior to determining whether to disclose business
information. Whenever a decision is made to disclose such information over the
objection of a submitter, the office responsible for the decision will forward
to the submitter a written notice of intent to disclose that will, to the extent
permitted by law, be forwarded to the submitter a reasonable number of days
prior to the specified date upon which disclosure is intended. At the same time
the submitter is notified, the requestor will be notified of the decision to
disclose information. The written notice will include:

(1) A statement of
the reasons for which the submitter's disclosure objections were not
accepted;

(2) A description of the business information to be disclosed;
and

(3) A specific disclosure date.

(c) The notice requirements of
this section will not apply if:

(1) The office responsible for the
decision determines that the information should not be disclosed;

(2) The
information lawfully has been published or otherwise made available to the
public; or

(3) Disclosure of the information is required by law (other
than 5 U.S.C. 552).

(d) The procedures established in this section will
not apply in the case of:

(1) Business information submitted to the
National Highway Traffic Safety Administration and addressed in 49 CFR Part
512.

(2) Information contained in a document to be filed or in oral
testimony that is sought to be withheld pursuant to Rule 39 of the Rules of
Practice in Aviation Economic Proceedings (14 CFR 302.39).

(e) Whenever a
requestor brings suit seeking to compel disclosure of confidential commercial
information, the responsible DOT component will promptly notify the
submitter.

This document cites

U.S.
Code - Title 5: Government Organization and Employees - 5 USC 552 - Sec. 552.
Public information; agency rules, opinions, orders, records, and
proceedings

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