43 CFR 2.31 - What must a submitter include in a detailed Exemption 4 objection statement?

Status message

There are 2 Updates appearing in the Federal Register for 43 CFR Part 2. View below or at eCFR (GPOAccess)
§ 2.31 What must a submitter include in a detailed Exemption 4 objection statement?

(a) To rely on Exemption 4 as basis for nondisclosure, the submitter must explain why the information is confidential information. To do this, the submitter must give the bureau a detailed written statement. This statement must include a specific and detailed discussion of why the information is a trade secret or, if the information is not a trade secret, the following three categories must be addressed (unless the bureau informs the submitter that a response to one of the first two categories will not be necessary):

(1) Whether the submitter provided the information voluntarily and, if so, how disclosure will impair the Government's ability to obtain similar information in the future and/or how the information fits into a category of information that the submitter does not customarily release to the public;

(2) Whether the Government required the information to be submitted, and if so, how disclosure will impair the Government's ability to obtain similar information in the future and/or how substantial competitive or other business harm would likely result from disclosure; and

(3) A certification that the information is confidential, has not been disclosed to the public by the submitter, and is not routinely available to the public from other sources.

(b) If not already provided, the submitter must include a daytime telephone number, an email and mailing address, and a fax number (if available).

[ 77 FR 76902, Dec. 31, 2012, as amended at 81 FR 11129, Mar. 3, 2016]

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.


United States Code

Title 43 published on 2015-11-10

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 43 CFR Part 2 after this date.

  • 2016-12-20; vol. 81 # 244 - Tuesday, December 20, 2016
    1. 81 FR 92692 - Freedom of Information Act Regulations
      GPO FDSys XML | Text
      DEPARTMENT OF THE INTERIOR, Office of the Secretary
      Final rule.
      This rule is effective on January 19, 2017.
      43 CFR Part 2

Title 43 published on 2015-11-10.

The following are only the Rules published in the Federal Register after the published date of Title 43.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2016-12-20; vol. 81 # 244 - Tuesday, December 20, 2016
    1. 81 FR 92692 - Freedom of Information Act Regulations
      GPO FDSys: XML | Text
      DEPARTMENT OF THE INTERIOR, Office of the Secretary
      Final rule.
      This rule is effective on January 19, 2017.
      43 CFR Part 2