[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1015.18]

[Page 46-47]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1015--PROCEDURES FOR DISCLOSURE OR PRODUCTION OF INFORMATION UNDER THE FREEDOM OF INFORMATION ACT--Table of Contents
 
  Subpart B--Exemptions From Production and Disclosure Under 5 U.S.C. 
                                 552(b)
 
Sec. 1015.18  Information submitted to the Commission; request for treatment as exempt material.

    (a) A person who is submitting information to the Commission, after 
being notified by the Commission of his/her opportunity to request 
confidential treatment for information, must accompany the submission 
with a request that the information be considered exempt from disclosure 
or indicate that a request will be submitted within 10 working days of 
the submission. The failure to make a request within the prescribed time 
limit will be considered an acknowledgment that the submitter does not 
wish to claim exempt status.
    (b) A person who has previously submitted information to the 
Commission, that is now the subject of a Freedom of Information request, 
after being notified by the Commission of his/her opportunity to request 
confidential treatment for the information, must submit a request that 
the information be considered exempt from disclosure within 5 working 
days from receipt of notification. The failure to make a request within 
the prescribed time limit will be considered an acknowledgment that the 
submitter does not wish to claim exempt status.
    (c) Each request for exemption from disclosure under 5 U.S.C. 
552(b)(4) as a trade secret or privileged or confidential commercial or 
financial information must:
    (1) Specifically identify the exact portion(s) of the document 
claimed to be confidential;
    (2) State whether the information claimed to be confidential has 
ever been released in any manner to a person who was not an employee or 
in a confidential relationship with the company;
    (3) State whether the information so specified is commonly known 
within the industry or is readily ascertainable by outside persons with 
a minimum of time and effort;
    (4) State how release of the information so specified would be 
likely to cause substantial harm to the company's competitive position; 
and

[[Page 47]]

    (5) State whether the submitter is authorized to make claims of 
confidentiality on behalf of the person or organization concerned.
    (d) Material received with a request that it be considered exempt 
shall not be maintained in a public file. If, in complying with a 
request for the disclosure of records, it is determined that some or all 
of the material relative to the request has been claimed to be exempt 
from disclosure, the requester will be supplied with a list of this 
material and informed that those portions found not to be exempt will be 
made available as soon as possible.
    (e) No request for exemption from disclosure under 5 U.S.C. 
552(b)(4) should be made by any person who does not intend in good faith 
to assist the Commission in the defense of any judicial proceeding that 
might thereafter be brought to compel the disclosure of information 
which the Commission has determined to be a trade secret or privileged 
or confidential commercial or financial information.