ELDTAC Data Issues Alan Strasser FMCSA MCCCR prepared
- Slides: 3
ELDTAC Data Issues Alan Strasser, FMCSA, MC-CCR, prepared by Kim Mc. Carthy, FMCSA, MC-CCR March 20, 2015
Will Confidential Business Information Introduced During the ELDT Negotiated Rulemaking Committee Proceedings Be Protected from Public Disclosure? What Is Confidential Business Information (“CBI”)? ° CBI is any commercial or financial information customarily not made public by the person who wishes to submit it to the ELDTAC. Is CBI protected from public disclosure if it is submitted to the ELDTAC during the negotiated rulemaking proceedings? ° YES. Although most records and papers used by the ELDTAC must be made available to the public if sought under the Freedom of Information Act (FOIA), there is an exception for CBI ° If submitters of information to the ELDTAC designate it as CBI, the information will not be placed in the public docket, however, under FOIA, the information may still be requested by a member of the public.
Will Confidential Business Information Introduced During the ELDT Negotiated Rulemaking Committee Proceedings Be Protected from Public Disclosure? What If My CBI is Requested Under FOIA? ° FMCSA will notify you if your CBI is requested under FOIA and you will have the opportunity to explain why it should not be disclosed. ° If FMCSA determines that the information meets the definition of CBI as stated above, the agency will deny the FOIA request because CBI is exempt from disclosure under FOIA. Will CBI Be Protected From Public Disclosure When It is Used By ELDTAC Subcommittees And Working Groups? ° YES, FOIA does not apply to materials used by ELDTAC subcommittees and working groups, so the public does not have a right to view or obtain any of that material. °However, keep in mind that any material generated within a subcommittee or working group that is used by the full ELDTAC is subject to FOIA, as described above. So it is important to identify and designate CBI before passing it along to the full committee to prevent it from being placed in the public docket.
