[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR209.23]

[Page 163-164]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 209--RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL 
ACT OF 1972--Table of Contents
 
Subpart A--Rules of Practice Governing Hearings for Orders Issued Under 
                 Section 11(d) of the Noise Control Act
 
Sec. 209.23  Trade secrets and privileged information.

    In the presentation, admission, disposition, and use of evidence, 
the administrative law judge shall preserve the confidentiality of trade 
secrets and other privileged commercial and financial information. The 
confidential or trade secret status of any information shall not, 
however, preclude its being

[[Page 164]]

introduced into evidence. The administrative law judge may make such 
orders as may be necessary to consider such evidence in camera. This may 
include a supplemental initial decision to consider questions of fact 
and conclusions regarding material issues of law, fact or discretion 
which arise out of that portion of the evidence which is confidential or 
which includes trade secrets.