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49 CFR 209.11 - Request for confidential treatment.

Code
of Federal Regulations - Title 49: Transportation

Updated to:
October 01, 2010
Linked
as:

Text

Title 49: Transportation

Subtitle B: Other Regulations
Relating to Transportation (Continued)

CHAPTER II: FEDERAL RAILROAD
ADMINISTRATION, DEPARTMENT OF TRANSPORTATION

PART 209: RAILROAD SAFETY
ENFORCEMENT PROCEDURES

Subpart A: General

209.11 - Request for
confidential treatment.

(a) This section governs the procedures for
requesting confidential treatment of any document filed with or otherwise
provided to FRA in connection with its enforcement of statutes or FRA
regulations related to railroad safety. For purposes of this section,
?enforcement? shall include receipt of documents required to be submitted by FRA
regulations, and all investigative and compliance activities, in addition to the
development of violation reports and recommendations for prosecution.

(b)
A request for confidential treatment with respect to a document or portion
thereof may be made on the basis that the information is?

(1) Exempt from
the mandatory disclosure requirements of the Freedom of Information Act (5
U.S.C. 552);

(2) Required to be held in confidence by 18 U.S.C. 1905;
or

(3) Otherwise exempt by law from public disclosure.

(c) Any
document containing information for which confidential treatment is requested
shall be accompanied at the time of filing by a statement justifying
nondisclosure and referring to the specific legal authority claimed.

(d)
Any document containing any information for which confidential treatment is
requested shall be marked ?CONFIDENTIAL? or ?CONTAINS CONFIDENTIAL INFORMATION?
in bold letters. If confidentiality is requested as to the entire document, or
if it is claimed that nonconfidential information in the document is not
reasonably segregable from confidential information, the accompanying statement
of justification shall so indicate. If confidentiality is requested as to a
portion of the document, then the person filing the document shall file together
with the document a second copy of the document from which the information for
which confidential treatment is requested has been deleted. If the person filing
a document of which only a portion is requested to be held in confidence does
not submit a second copy of the document with the confidential information
deleted. FRA may assume that there is no objection to public disclosure of the
document in its entirety.

(e) FRA retains the right to make its own
determination with regard to any claim of confidentiality. Notice of a decision
by the FRA to deny a claim, in whole or in part, and an opportunity to respond
shall be given to a person claiming confidentiality of information no less than
five days prior to its public disclosure.

[42 FR 56742, Oct. 28, 1977, as
amended at 70 FR 11094, Mar. 7, 2005]

This document cites

U.S.
Code - Title 18: Crimes and Criminal Procedure - 18 USC 1905 - Sec. 1905.
Disclosure of confidential information generally

U.S.
Code - Title 5: Government Organization and Employees - 5 USC 552 - Sec. 552.
Public information; agency rules, opinions, orders, records, and
proceedings

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