Confidential commercial information means commercial or financial information obtained by OSHRC from a submitter that may be protected under FOIA Exemption 4. Under 2201.7(a)(1), the term specifically covers information provided to OSHRC that the submitter believes is exempt from disclosure as trade secrets or privileged commercial or financial data.
A submitter is any person or entity (including a corporation, State, or foreign government) that provides confidential commercial information to OSHRC, but does not include another Federal Government entity. 2201.7(a)(2) defines the scope and explicitly excludes other federal agencies from being treated as submitters.
A submitter must use good faith efforts to mark the portions of a submission that it considers protected from disclosure at the time it submits them. 2201.7(b) requires appropriate markings made at submission so OSHRC and requesters can identify material claimed as confidential.
Designations of confidential commercial information expire 10 years after the date of submission unless the submitter requests and justifies a longer period. 2201.7(b) explains the 10-year default and that an extension requires a submitter's request plus justification.
OSHRC must promptly provide written notice to the submitter whenever it determines the records may be required to be disclosed under FOIA and the submitter either complied with the marking requirement or OSHRC has reason to believe the requested information may be protected. 2201.7(c) requires OSHRC to send that notice so the submitter can object if appropriate.
The notice must either describe the commercial information requested or include a copy of the requested records or the portions that contain the information. 2201.7(c) requires OSHRC to provide enough detail so the submitter knows precisely what is being sought.
OSHRC does not have to give notice if (1) the information is exempt and will not be disclosed, (2) the information is already lawfully published or publicly available, (3) disclosure is required by another statute or regulation under Executive Order 12600, or (4) the submitter's confidentiality designation appears obviously frivolous. These exceptions are listed in 2201.7(d) and its subparts 2201.7(d)(1), 2201.7(d)(2), 2201.7(d)(3), and 2201.7(d)(4).
No; OSHRC is not required to give notice if the submitter's designation appears obviously frivolous. 2201.7(d)(4) exempts OSHRC from the notice requirement in that situation.
A submitter should provide a detailed written statement specifying all legal grounds for withholding the particular information and, to rely on Exemption 4, explain why the information is a trade secret or confidential commercial or financial information. 2201.7(e) requires specificity about the grounds for nondisclosure and an explanation of confidentiality claims.
If a submitter does not respond within the specified time, OSHRC will consider the submitter to have no objection to disclosure. 2201.7(e) makes clear that failure to respond is treated as acquiescence to release.
OSHRC is not required to consider any information provided after the date of a disclosure decision. 2201.7(e) states that late submissions may not be considered in the agency's decision.
Yes; any information a submitter provides under this subpart may itself be subject to disclosure under FOIA. 2201.7(e) warns that objection materials are not automatically protected.
OSHRC will consider the submitter's objections and the specific grounds raised when deciding whether to disclose the requested information. 2201.7(f) requires the agency to analyze the objections as part of its decision-making.
When OSHRC decides to disclose over objection, it must provide written notice that explains why each of the submitter's objections was not sustained, describes the information to be disclosed or includes copies of the records as they will be released, and specifies a disclosure date that is a reasonable time after the notice. 2201.7(g) sets these notice requirements so the submitter understands the basis and timing for disclosure.
OSHRC must promptly notify the submitter when a requester files a lawsuit seeking to compel disclosure of the submitter's confidential commercial information. 2201.7(h) requires timely notification so the submitter can take appropriate legal action if desired.
OSHRC will notify the requester whenever it provides the submitter with notice and an opportunity to object, whenever it notifies the submitter of its intent to disclose the requested information, and whenever a submitter files a lawsuit to prevent disclosure. 2201.7(i) lists these specific events that trigger requester notification.
The regulation requires the submitter to use good faith efforts to designate by appropriate markings at the time of submission, but it does not strictly limit where the markings must appear. 2201.7(b) emphasizes timely and appropriate designation; practical approaches include clear document markings and an accompanying cover letter identifying which pages or sections are claimed confidential.
Yes; OSHRC will promptly provide notice when it has reason to believe the requested information may be protected by Exemption 4, even if the submitter did not mark the material, provided the agency has not yet determined whether the information is protected. 2201.7(c) ensures submitters receive notice when their information appears potentially confidential.
No; if the information has been lawfully published or officially made available to the public, OSHRC is not required to provide submitter notice before disclosure. That exception is stated in 2201.7(d)(2).
If disclosure is required by a statute other than FOIA or by a regulation issued under Executive Order 12600, OSHRC is not required to provide submitter notice and may disclose the information as required. This exception is in 2201.7(d)(3).
OSHRC will specify a reasonable time period within which the submitter must respond, but the regulation does not set a fixed number of days. 2201.7(e) requires OSHRC to set a reasonable deadline and warns that failure to respond will be treated as no objection.
The regulation requires submitters to make sincere, reasonable attempts to identify and mark confidential portions of a submission at the time of submission. 2201.7(b) does not list precise methods, but appropriate actions include clearly marking pages or sections, providing a key or index of confidential items, and explaining confidentiality in an accompanying cover letter.
No; the definition of submitter explicitly excludes another Federal Government entity. 2201.7(a)(2) therefore treats information from other federal agencies differently than information from private companies, states, or foreign governments.
A submitter must request a longer designation period and provide justification explaining why the confidentiality should extend beyond the 10-year default. 2201.7(b) places the burden on the submitter to explain and justify any extended protection.