---
kind: "section"
citation: "10 C.F.R. § 429.7"
title: "10"
number: "429.7"
heading: "Confidentiality."
url: "https://uscodex.org/cfr/10/429.7"
---

# §429.7. Confidentiality.

- (a) **The following records are not exempt from public disclosure—** Product or equipment type; product or equipment class; private labeler name; brand name; applicable model number(s) unless that information meets the criteria specified in [paragraph (b)](#b) of this section; energy or water ratings submitted by manufacturers to DOE pursuant to [§ 429.12(b)(13)](/cfr/10/429.12.md?p=b-13); whether the certification was based on a test procedure waiver and the date of such waiver; and whether the certification was based on exception relief from the Office of Hearing and Appeals and the date of such relief.
- (b) **An individual, manufacturer model number is public information unless—**
  - (1) The individual, manufacturer model number is a unique model number of a commercial packaged boiler, commercial water heating equipment, commercial HVAC equipment or commercial refrigeration equipment that was developed for an individual customer,
  - (2) The individual, manufacturer model number is not displayed on product literature, and
  - (3) Disclosure of the individual, manufacturer model number would reveal confidential business information as described at [§ 1004.11](/cfr/10/1004.11.md) of this title—in which case, under these limited circumstances, a manufacturer may identify the individual manufacturer model number as a private model number on a certification report submitted pursuant to [§ 429.12(b)(6)](/cfr/10/429.12.md?p=b-6).
- (c) Pursuant to the provisions of [10 CFR 1004.11(e)](/cfr/10/1004.11.md?p=e), any person submitting information or data which the person believes to be confidential and exempt by law from public disclosure should—at the time of submission—submit:
  - (1) One complete copy, and one copy from which the information believed to be confidential has been deleted.
  - (2) A request for confidentiality containing the submitter's views on the reasons for withholding the information from disclosure, including:
    - (i) A description of the items sought to be withheld from public disclosure,
    - (ii) Whether and why such items are customarily treated as confidential within the industry,
    - (iii) Whether the information is generally known by or available from other sources,
    - (iv) Whether the information has previously been made available to others without obligation concerning its confidentiality,
    - (v) An explanation of the competitive injury to the submitting person which would result from public disclosure,
    - (vi) A date upon which such information might lose its confidential nature due to the passage of time, and
    - (vii) **Why disclosure of the information would be contrary to the public interest.**
- (d) In accordance with the procedures established in [10 CFR 1004.11(e)](/cfr/10/1004.11.md?p=e), DOE shall make its own determination with regard to any claim that information submitted be exempt from public disclosure.

## Notes

### Amendments

[76 FR 12451, Mar. 7, 2011, as amended at 79 FR 25499, May 5, 2014; 80 FR 151, Jan. 5, 2015]

### Authority

Authority: 42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.

### Source

Source: 76 FR 12451, Mar. 7, 2011, unless otherwise noted.

### Amendments

[76 FR 12451, Mar. 7, 2011, as amended at 79 FR 25499, May 5, 2014; 80 FR 151, Jan. 5, 2015]