---
kind: "section"
citation: "43 C.F.R. § 4.1034"
title: "43"
number: "4.1034"
heading: "What are the procedures for limiting disclosure of information which is confidential or exempt by law from public disclosure?"
url: "https://uscodex.org/cfr/43/4.1034"
---

# §4.1034. What are the procedures for limiting disclosure of information which is confidential or exempt by law from public disclosure?

- (a) A party or a prospective witness or deponent may file a motion requesting a protective order to limit from disclosure to other parties or to the public a document or testimony containing information which is confidential or exempt by law from public disclosure.
- (b) In the motion the person must describe the information sought to be protected from disclosure and explain in detail:
  - (1) Why the information is confidential or exempt by law from public disclosure;
  - (2) Why disclosure of the information would adversely affect the person; and
  - (3) **Why disclosure is not required in the public interest.**
- (c) If the person seeks non-disclosure of information in a document:
  - (1) The motion must include a copy of the document with the confidential information deleted. If it is not practicable to submit such a copy of the document because deletion of the information would render the document unintelligible, a description of the document may be substituted.
  - (2) The ALJ may require the person to file a sealed copy of the document for in camera inspection.
- (d) Ordinarily, documents and testimony introduced into the public hearing process are presumed to be public. In issuing a protective order, the ALJ may make any order which justice requires to protect the person, consistent with the mandatory public disclosure requirements of the Freedom of Information Act, [5 U.S.C. 552(b)](/usc/5/552.md?p=b), and other applicable law.

## Notes

### Authority

Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9, 479a-1.

### Source

Source: 80 FR 48459, Aug. 13, 2015, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301, 503-504; 25 U.S.C. 9, 372-74, 410, 2201 et seq.; 43 U.S.C. 1201, 1457; Pub. L. 99-264, 100 Stat. 61, as amended.

### Source

Source: 36 FR 7186, Apr. 15, 1971, unless otherwise noted.