Attachment IX: Title 49 C.F.R. 7.17

TITLE 49 - TRANSPORTATION

SUBTITLE A - OFFICE OF THE SECRETARY OF TRANSPORTATION

PART 7 - PUBLIC AVAILABILITY OF INFORMATION

subpart c - AVAILABILITY OF REASONABLY DESCRIBED RECORDS UNDER THE FREEDOM OF INFORMATION ACT

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 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 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.