§ 1206.601 - Notice to submitters.

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Except as provided in § 1206.603(b) and § 1206.603(c), the Agency shall provide a submitter with prompt written notice of a FOIA request that seeks its commercial information whenever required under § 1206.600(a).

A notice to a submitter must include:

The exact language of the request or an accurate description of the request;

Access to or a description of the responsive records or portions thereof containing the commercial information to the submitter;

A description of the procedures for objecting to the release of the possibly confidential information under § 1206.602;

A time limit for responding to the Agency that shall not exceed 10 working days from the date of the letter sent to the submitter by the FOIA Office or publication of the notice (as set forth in § 1206.603(b)) to object to the release and to explain the basis for the objection;

Notice that the information contained in the submitter's objections may itself be subject to disclosure under the FOIA;

Notice that the Agency, not the submitter, is responsible for deciding whether the information shall be released or withheld;

Notice that failing to respond within the timeframe specified under § 1206.601(b)(4) will create a presumption that the submitter has no objection to the disclosure of the information in question.

Whenever the Agency provides notice pursuant to this section, the Agency shall advise the requester that notice and opportunity to comment are being provided to the submitter.

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§ 1206.600 - General policy.

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§ 1206.602 - Opportunity to object to disclosure.