§ 1504.207 - Procedures to designate information as “business”.

(a) Any person, who has been requested by the OFI to provide information, including computerized data, which that person believes to be “business,” must so designate the information on its face and also submit, simultaneously with the information, a petition justifying that “business” designation.

(b) A petition for “business” designation must contain the following:

(1) A concise statement explaining why the information is “business,” pursuant to the criteria set forth in § 1504.204 of this part, including particular analysis of the factors for and against disclosure;

(2) When appropriate, the length of time and the circumstances under which the information should remain designated “business”; and

(3) The name and address of a responsible person, who can speak for the petitioner and who can promptly be reached by the OFI (through letter or telegram) concerning the petitioned-for designation.

(c) Upon receipt of the petition, the OFI General Counsel will briefly review the matter and reject petitions which are patently inadequate. This brief review, however, does not constitute final action on the petition. Until the petition is formally considered (see § 1504.208 of this part) by the OFI, the petitioner may not assume that the petition has been approved.