§ 1102.11 - Notice to submitters of certain information.

(a) Upon receipt of a request for information that either, (1) the Freedom of Information Officer determines may be exempt from disclosure under paragraph (b)(4) of § 1102.6 as privileged or confidential trade secrets or commercial or financial information submitted to the Corporation by a third party or entity (other than federal government agencies); or (2) is subject to an understanding of confidentiality between the Corporation and the submitter thereof, the Freedom of Information Officer shall provide the submitter of such information with notice of the request.

(b) The Corporation shall afford a submitter of information covered by paragraph (a) of this section a period, generally not in excess of 10 working days, within which to provide the Freedom of Information Officer a detailed statement of objections to the disclosure of such information by the Corporation. The submitter's response (if any) shall include all bases, factual or legal, for the withholding of the requested information pursuant to paragraph (b)(4) of § 1102.6. If the Freedom of Information Officer does not receive a timely response from the submitter, the Freedom of Information Officer shall proceed with the determination of whether or not to release such information.

(c) Whenever the Corporation decides to release any part of the information covered by paragraph (a) of this section over the objection of the submitter, the Corporation shall forward to the submitter a written statement providing a brief explanation why the Corporation did not agree with the submitter's objections; a description of the information to be released; and the expected date of the release.

(d) If a requester or submitter brings suit against the Corporation seeking to compel or restrict the release of information covered by paragraph (a) of this section, the Corporation shall promptly notify the other party.

(e) The notice requirement of this section shall not apply if:

(1) The information has been published or otherwise made available to the public;

(2) Disclosure of the information is required by law (other than 5 U.S.C. 552);

(3) The submitter has received notice of a previous FOIA request which encompassed the information requested in the later request, and the Corporation intends to withhold information in the same manner as in the previous FOIA request; or

(4) Upon submitting the information or within a reasonable period thereafter, (i) the submitter reviewed its information in anticipation of future requests pursuant to the FOIA, (ii) the submitter provided the Corporation a statement of its objections to disclosure consistent with that described in paragraph (b) of this section, and (iii) the Corporation intends to release information consistent with the submitter's objections.

10 CFR Ch. XV (1-1-98 Edition) Office of Fed. Inspector