§ 9.28. Requests for business information provided to the NRC.
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/us/cfr/t10/s§ 9.28·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)In general. Business information provided to the NRC by a business submitter will not be disclosed pursuant to a FOIA request except in accordance with this section.
(b)Designation of business information. A submitter of business information must use good faith efforts to designate by appropriate markings, at the time of submission or a reasonable time thereafter, any portion of its submission that it considers to be protected from disclosure under Exemption 4 of the FOIA, 5 U.S.C. 552(b)(4). These designations expire 10 years after the date of the submission unless the submitter requests and provides justification for a longer designation period.
(c)Notice to submitters.
(1)The NRC will provide a submitter with notice of receipt of a request or appeal whenever:
(i)The information has been designated in good faith by the submitter as information considered protected from disclosure under Exemption 4 of the FOIA; or
(ii)The NRC has reason to believe that the information may be protected from disclosure under Exemption 4 of the FOIA.
(2)The notice requirements of this paragraph
(c)will not apply if:
(i)The NRC determines that the information is exempt under the FOIA;
(ii)The information lawfully has been published or otherwise made available to the public;
(iii)Disclosure of the information is required by statute (other than the FOIA) or by a regulation issued in accordance with the requirements of Executive Order 12600; or
(iv)The designation made by the submitter under paragraph (d)(1) of this section appears obviously frivolous, except that, in such a case, the NRC will, within a reasonable time prior to a specified disclosure date, give the submitter written notice of any final decision to disclose the information.
(d)Opportunity to object to disclosure before release.
(1)The submitter will be allowed 30 calendar days from the date of the notice described in paragraph
(c)of this section to object to the disclosure of records containing its confidential business information prior to NRC disclosing it. If a submitter has any objection to the disclosure, the submitter must provide a detailed written statement. The statement must specify all grounds that support why the information is a trade secret or commercial or financial information that is privileged or confidential.
(2)If a submitter fails to respond to the notice within the time specified in the notice, the submitter will be considered to have no objection to the disclosure of the information. Information provided by the submitter that is received after the specified date for a response will not be considered unless that date is extended by the Freedom of Information Act and Privacy Act Officer upon request by the submitter.
(e)Notice of final decision to disclose. The NRC will consider a submitter's objections and specific grounds for nondisclosure prior to determining whether to disclose business information. Except as otherwise prohibited by law, when notice is given to a submitter under this section, the requester will be advised that such notice has been given to the submitter. Whenever the NRC decides to disclose business information over the objection of a submitter, the NRC will forward to the submitter a written notice that will include:
(1)A statement of the reasons for which the submitter's disclosure objections were not sustained;
(2)A description of the business information to be disclosed; and
(3)A specified disclosure date that is not less than 30 calendar days after the notice of the final decision to release the requested information has been sent, by mail or email, to the submitter, after which the information will be made available to the public.
(f)Notice of FOIA lawsuit. Whenever a requester files a lawsuit seeking to compel disclosure of business information, the NRC will promptly notify the submitter.
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