---
kind: "section"
citation: "33 C.F.R. § 1.07-35"
title: "33"
number: "1.07-35"
heading: "Request for confidential treatment."
url: "https://uscodex.org/cfr/33/1.07-35"
---

# §1.07-35. Request for confidential treatment.

- (a) In addition to information treated as confidential under [§ 1.07-30](/cfr/33/1.07-30.md), 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:
  - (1) Confidential financial information, trade secrets, or other material exempt from disclosure by the Freedom of Information Act ([5 U.S.C. 552](/usc/5/552.md));
  - (2) Required to be held in confidence by [18 U.S.C. 1905](/usc/18/1905.md); or
  - (3) **Otherwise exempt by law from disclosure.**
- (b) 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.
- (c) **Confidential material is not considered by the Hearing Officer in reaching a decision unless—**
  - (1) It has been furnished by a party, or
  - (2) **It has been furnished pursuant to a subpoena.**

## Notes

### 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]