[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR209.11]



[Page 21-22]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 209_RAILROAD SAFETY ENFORCEMENT PROCEDURES--Table of Contents

 

                            Subpart A_General

 

Sec. 209.11  Request for confidential treatment.



    (a) This section governs the procedures for requesting confidential 

treatment of any document filed with or otherwise provided to FRA in 

connection with its enforcement of statutes or FRA regulations related 

to railroad safety. For purposes of this section, ``enforcement'' shall 

include receipt of documents required to be submitted by FRA 

regulations, and all investigative and compliance activities, in 

addition to the development of violation reports and recommendations for 

prosecution.

    (b) A request for confidential treatment with respect to a document 

or portion thereof may be made on the basis that the information is--

    (1) Exempt from the mandatory disclosure requirements of 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 public disclosure.

    (c) Any document containing information for which confidential 

treatment is requested shall be accompanied at the time of filing by a 

statement justifying nondisclosure and referring to the specific legal 

authority claimed.

    (d) Any document containing any information for which confidential 

treatment is requested shall be marked ``CONFIDENTIAL'' or ``CONTAINS 

CONFIDENTIAL INFORMATION'' in bold letters. If confidentiality is 

requested as to the entire document, or if it is claimed that 

nonconfidential information in the document is not reasonably segregable 

from confidential information, the accompanying statement of 

justification shall so indicate. If confidentiality is requested as to a 

portion of the document, then the person filing the document shall file 

together with the document a second copy of the document from which the 

information for which confidential treatment is requested has been 

deleted. If the person filing a document of which only a portion is 

requested to be held in confidence does not submit a



[[Page 22]]



second copy of the document with the confidential information deleted. 

FRA may assume that there is no objection to public disclosure of the 

document in its entirety.

    (e) FRA retains the right to make its own determination with regard 

to any claim of confidentiality. Notice of a decision by the FRA to deny 

a claim, in whole or in part, and an opportunity to respond shall be 

given to a person claiming confidentiality of information no less than 

five days prior to its public disclosure.



[42 FR 56742, Oct. 28, 1977, as amended at 70 FR 11094, Mar. 7, 2005]