[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR48.5]

[Page 28-29]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 48--NEWSPAPER PRESERVATION ACT--Table of Contents
 
Sec. 48.5  Requests that information not be made public.

    (a) Any applicant may file a request that commercial or financial 
data required to be filed and made public under these regulations, which 
is privileged and confidential within the meaning of 5 U.S.C. 552(b), be 
withheld from public disclosure. Each such request shall be accompanied 
by a statement of the reasons why nondisclosure

[[Page 29]]

is required. The request shall be determined by the Attorney General who 
shall consider the extent to which (1) disclosure may cause substantial 
harm to the applicant submitting the information, and (2) nondisclosure 
may impair the ability of persons who may be adversely affected by the 
proposed arrangement to present their views in proceedings under these 
regulations. Information relevant to the financial conditions of the 
newspaper or newspapers represented to be failing ordinarily shall not 
be ordered withheld from public disclosure.
    (b) Upon ordering that any documents be withheld from public 
disclosure, the Attorney General shall file a statement setting forth 
the subject matter of the documents withheld. Any person desiring to 
inspect the documents may file a request for inspection, identifying 
with as much particularity as possible the materials to be inspected and 
setting forth the reasons for inspection and the facts in support 
thereof. The request for disclosure shall be considered by the Attorney 
General, who shall give the applicant that submitted the documents an 
opportunity to be heard in opposition to disclosure. Orders granting 
inspection shall specify the terms and conditions thereof, including 
restrictions on disclosure to third parties.
    (c) Documents ordered withheld from public disclosure shall be made 
available to the Assistant Attorney General in charge of the Antitrust 
Division. If a hearing is held, the documents may be offered as evidence 
by any party to whom they have been disclosed. The administrative law 
judge may restrict further disclosure as he deems appropriate, taking 
into account the considerations set forth in paragraph (a) of this 
section.
    (d) Requests for access to materials within the scope of this 
section that may be filed after the conclusion of proceedings under 
these regulations shall be processed in accordance with the Department's 
regulations under 5 U.S.C. 552 (part 16 of this chapter).