(a) Submission of request. Any submitter of information to the Board
who desires that such information be withheld pursuant to section
261.15(a)(4) or (6) shall file a request for confidential treatment
with the Board (or in the case of documents filed with a Reserve Bank,
with that Reserve Bank) at the time the information is submitted or
within 10 working days thereafter.
(b) Form of request. Each request
for confidential treatment shall state in reasonable detail the facts
supporting the request, provide the legal justification, use good
faith efforts to designate by appropriate markings any portion of
the submission for which confidential treatment is requested, and
include an affirmative statement that such information is not available
publicly. A submitter’s request for confidentiality in reliance
upon section 261.15(a)(4) generally expires 10 years after the date
of the submission unless the submitter requests and provides justification
for a longer designation period.
(c) Designation and separation of confidential material. All information considered confidential by a submitter shall be
clearly designated CONFIDENTIAL in the submission and separated from
information for which confidential treatment is not requested. Failure
to segregate confidential information from other material may result
in release of the unsegregated material to the public without notice
to the submitter.
(d) Exceptions. This section does not apply to:
(1) Data items collected on forms that
are approved pursuant to the Paperwork Reduction Act (44 U.S.C. 3501 et seq.) and deemed confidential by the Board. Any such data
items deemed confidential by the Board shall so indicate on the face
of the form or in its instructions. The data may, however, be disclosed
in aggregate form in such a manner that individual company data is
not disclosed or derivable.
(2) Any comments submitted by a member
of the public on applications and regulatory proposals being considered
by the Board, unless the Board determines that confidential treatment
is warranted.
(3) A determination
by the Board to comment upon information submitted to the Board in
any opinion or statement issued to the public as described in section
261.15(b)(1).
(e) Special procedures. The Board may establish
special procedures for particular documents, filings, or types of
information by express provisions in this part or by instructions
on particular forms that are approved by the Board. These special
procedures shall take precedence over this section.
