§ 1.07-35. Request for confidential treatment.
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/us/cfr/t33/s§ 1.07-35·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)In addition to information treated as confidential under § 1.07-30, a request for confidential treatment of a document or portion thereof may be made by the person supplying the information on the basis that the information is:
(1)Confidential financial information, trade secrets, or other material exempt from disclosure by 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 disclosure.
(b)The person desiring confidential treatment must submit the request to the Hearing Officer in writing and state the reasons justifying nondisclosure. Failure to make a timely request may result in a document being considered as nonconfidential and subject to release.
(c)Confidential material is not considered by the Hearing Officer in reaching a decision unless:
(1)It has been furnished by a party, or
(2)It has been furnished pursuant to a subpoena. \[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by USCG-2002-12471, 67 FR 41331, June 18, 2002\]
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