40 CFR 2.105 - Exemption categories.
§ 2.105
Exemption categories.
(a)
The FOIA, 5 U.S.C. 552(b), establishes the following nine categories of information which are exempt from the mandatory disclosure requirements of 5 U.S.C. 552(a) :
(1)
(i)
Specifically authorized under criteria established by an Executive Order to be kept secret in the interest of national defense or foreign policy; and
(3)
Specifically exempted from disclosure by statute (other than 5 U.S.C. 552(b) ), provided that such statute:
(i)
Requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue; or
(ii)
Establishes particular criteria for withholding information or refers to particular types of information to be withheld;
(4)
Trade secrets and commercial or financial information obtained from a person and privileged or confidential;
(5)
Inter-agency or intra-agency memoranda or letters which would not be available by law to a party other than an agency in litigation with the affected agency;
(6)
Personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;
(7)
Records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information:
(iv)
Could reasonably be expected to disclose the identity of a confidential source, including a State, local, or foreign agency or authority or any private institution which furnished information on a confidential basis, and, in the case of a record or information compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, information furnished by a confidential source;
(v)
Would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law; or
Title 40 published on 2012-07-01
no entries appear in the Federal Register after this date.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.
This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].
It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.
Title 40 published on 2012-07-01
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 40 CFR 2 after this date.
