49 Cfr 7.17

[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2010]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR7.17]
[Page 66-67]
TITLE 49--TRANSPORTATION
Subtitle A--Office of the Secretary of Transportation
PART 7_PUBLIC AVAILABILITY OF INFORMATION--Table of Contents
Subpart C_Availability of Reasonably Described Records Under the Freedom
of Information Act
Sec. 7.17

Consultation with submitters of commercial and financial information.

(a) If a request is received for information that has been
designated by the submitter as confidential commercial information, or
which DOT has some other reason to believe may contain information of
the type described in Sec. 7.13(c)(4), the submitter of such
information will, except as is provided in paragraphs (c) and (d) of
this section, be notified expeditiously and asked to submit any written
objections to release. At the same time, the requestor will be notified
that notice and an opportunity to comment are being provided to the
submitter. The submitter will, to the extent permitted by law, be
afforded a reasonable period of time within which to provide a detailed
statement of any such objections. The submitter's statement shall
specify all grounds for withholding any of the information. The burden
shall be on the submitter to identify all information
[[Page 67]]
for which exempt treatment is sought and to persuade the agency that the
information should not be disclosed.
(b) The responsible DOT component will, to the extent permitted by
law, consider carefully a submitter's objections and specific grounds
for nondisclosure prior to determining whether to disclose business
information. Whenever a decision is made to disclose such information
over the objection of a submitter, the office responsible for the
decision will forward to the submitter a written notice of intent to
disclose that will, to the extent permitted by law, be forwarded to the
submitter a reasonable number of days prior to the specified date upon
which disclosure is intended. At the same time the submitter is
notified, the requestor will be notified of the decision to disclose
information. The written notice will include:
(1) A statement of the reasons for which the submitter's disclosure
objections were not accepted;
(2) A description of the business information to be disclosed; and
(3) A specific disclosure date.
(c) The notice requirements of this section will not apply if:
(1) The office responsible for the decision determines that the
information should not be disclosed;
(2) The information lawfully has been published or otherwise made
available to the public; or
(3) Disclosure of the information is required by law (other than 5
U.S.C. 552).
(d) The procedures established in this section will not apply in the
case of:
(1) Business information submitted to the National Highway Traffic
Safety Administration and addressed in 49 CFR Part 512.
(2) Information contained in a document to be filed or in oral
testimony that is sought to be withheld pursuant to Rule 39 of the Rules
of Practice in Aviation Economic Proceedings (14 CFR 302.39).
(e) Whenever a requestor brings suit seeking to compel disclosure of
confidential commercial information, the responsible DOT component will
promptly notify the submitter.

http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?YEAR=current&TITLE=49&PART=7&SECTION=17&SUBPART=&TYPE=TEXT[12/22/2011 1:29:01 PM]