[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR2704.204]

[Page 707]
 
                             TITLE 29--LABOR
 
     CHAPTER XXVII--FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
 
PART 2704_IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN COMMISSION 
PROCEEDINGS--Table of Contents
 
             Subpart B_Information Required From Applicants
 
Sec. 2704.204  Confidential financial information.

    Ordinarily, the net-worth and annual-receipts exhibits will be 
included in the public record of the proceeding. However, an applicant 
that objects to public disclosure of information in any portion of such 
exhibits and believes there are legal grounds for withholding the 
information from disclosure may submit that portion of the exhibit 
directly to the administrative law judge in a sealed envelope labeled 
``Confidential Financial Information,'' accompanied by a motion to 
withhold the information from public disclosure. The motion shall 
describe the information sought to be withheld and explain, in detail, 
why it falls within one or more of the specific exemptions from 
mandatory disclosure under the Freedom of Information Act, 5 U.S.C. 
552(b)(1)-(9), why public disclosure of the information would adversely 
affect the applicant, and why disclosure is not required in the public 
interest. The material in question shall be served on counsel 
representing the Secretary of Labor against whom the applicant seeks an 
award, but need not be served on any other party to the proceeding. If 
the administrative law judge finds that the information should not be 
withheld from disclosure, it shall be placed in the public record of the 
proceeding. Otherwise, any request to inspect or copy the exhibit shall 
be disposed of in accordance with the established procedures under the 
Freedom of Information Act (29 CFR part 2702).