[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

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

[CITE: 40CFR209.23]



[Page 165-166]

 

                   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 166]]



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.