---
kind: "section"
citation: "45 C.F.R. § 5.41"
title: "45"
number: "5.41"
heading: "How does a submitter identify records containing confidential commercial information?"
url: "https://uscodex.org/cfr/45/5.41"
---

# §5.41. How does a submitter identify records containing confidential commercial information?


A person who submits records to the government may designate part or all of the information in such records that they may consider to be exempt from disclosure under Exemption 4 of the FOIA. The person may make this designation either at the time the records are submitted to the government or within a reasonable time thereafter. The designation must be in writing. Any such designation will expire 10 years after the records were submitted to the government.


## Notes

### Authority

Authority: 5 U.S.C. 552, 18 U.S.C. 1905, 31 U.S.C. 9701, 42 U.S.C. 1306(c), E.O. 12600, E.O.13392

### Source

Source: 81 FR 74939, Oct. 28, 2016, unless otherwise noted.