[Code of Federal Regulations]

[Title 24, Volume 5]

[Revised as of April 1, 2006]

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

[CITE: 24CFR3282.54]



[Page 225-226]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

 CHAPTER XX--OFFICE OF ASSISTANT SECRETARY FOR HOUSING--FEDERAL HOUSING 

        COMMISSIONER, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 3282_MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS

--Table of Contents

 

                       Subpart B_Formal Procedures

 

Sec.  3282.54  Public information.



    (a) General. Subject to the provisions of 24 CFR part 15 covering 

the production or disclosure of material or information and the 

provisions of 24 CFR



[[Page 226]]



part 16 at 40 FR 39729 relating to the Privacy Act, and except as 

otherwise provided by paragraphs (b), (c), (d), and (e) of this section, 

the Secretary may make available to the public:

    (1) Any information which may indicate the existence of an imminent 

safety hazard, and

    (2) Any information which may indicate the failure of a manufactured 

home to comply with applicable manufactured home construction and safety 

standards, and

    (3) Such other information as the Secretary determines is necessary 

to carry out the Secretary's functions under the Act.

    (b) Protected information. Data and information submitted or 

otherwise provided to the Secretary or an agent of the Secretary or a 

PIA or SAA which fall within the definitions of a trade secret or 

confidential commercial or financial information are exempt from 

disclosure under this section, only if the party submitting or providing 

the information so requests under paragraph (c) of this section. 

However, the Secretary may disclose such information to any person 

requesting it after deletion of the portions which are exempt, or in 

such combined or summary form as does not disclose the portions which 

are exempt from disclosure or in its entirety in accordance with section 

614 of the Act, U.S.C. 5413.

    (c) Obtaining exemption. Any party submitting any information to the 

Secretary in any form under this part, or otherwise in relation to the 

program established by the Act shall, if the party desires the 

information to be exempt from disclosure, at the time of submittal of 

the information or at any time thereafter, request that the information 

or any part thereof be protected from disclosure. The request for 

nondisclosure shall include the basis for the request under the Act or 

other authority and complete justification supporting the claim that the 

material should be exempt from disclosure. The request should also 

include a statement of the information in such combined or summary form 

that alleged trade secrets or other protected information and the 

identity of the submitting party would not be disclosed. This request 

need not be made with respect to information which was submitted to the 

Secretary, an SAA or a PIA prior to the effective date of these 

regulations.

    (d) Request for information from PIAs or SAAs. Whenever a PIA or SAA 

receives requests for disclosure of information, it shall disclose the 

information unless the party from which the information was originally 

obtained has submitted to the PIA or SAA a request that the information 

not be disclosed under paragraph (c) of this section, except that the 

PIA or SAA shall be governed by the provisions of 24 CFR part 16 (40 FR 

39729) relating to the Privacy Act which may limit the disclosure of 

information. If a request for nondisclosure under paragraph (c) of this 

section has been received with respect to information whose disclosure 

is requested, the PIA or SAA shall refer the matter to the Secretary 

within 5 days of the request for disclosure. If a PIA or SAA receives a 

request for disclosure of information related to this program, which 

information was submitted to the PIA or SAA prior to the effective date 

of these regulations, the PIA or SAA shall refer the request for 

nondisclosure and required information to the Secretary.



[41 FR 19852, May 13, 1976, as amended at 61 FR 10860, Mar. 15, 1996]