§1.07-35. Request for confidential treatment.
33 C.F.R. § 1.07-35
In addition to information treated as confidential under § 1.07-30, a request for confidential treatment of a document or portion thereof may be made by the person supplying the information on the basis that the information is:
Confidential financial information, trade secrets, or other material exempt from disclosure by the Freedom of Information Act (5 U.S.C. 552);
Required to be held in confidence by 18 U.S.C. 1905; or
Otherwise exempt by law from disclosure.
The person desiring confidential treatment must submit the request to the Hearing Officer in writing and state the reasons justifying nondisclosure. Failure to make a timely request may result in a document being considered as nonconfidential and subject to release.
Confidential material is not considered by the Hearing Officer in reaching a decision unless—
It has been furnished by a party, or
It has been furnished pursuant to a subpoena.
Notes, amendments, and revision history
Amendments
[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by USCG-2002-12471, 67 FR 41331, June 18, 2002]
Authority
Authority: 14 U.S.C. 503; 14 U.S.C 501; 33 U.S.C. 1321(b)(6)(B); 46 U.S.C. 2103; DHS Delegation 00170.1, Revision No. 01.2.
Source
Source: CGD 78-82, 43 FR 54186, Nov. 20, 1978, unless otherwise noted.
Amendments
[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by USCG-2002-12471, 67 FR 41331, June 18, 2002]