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5.U.S.C. 553 and 559; 18 U.S.C. 1621; and 49 U.S.C. 1321.
47 FR 49554, Nov. 1, 1982, unless otherwise noted.
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(a) Segregation of confidential material. A party submitting materials which it believes are entitled to be kept confidential and not made part of the public docket should submit these materials as a separate package, clearly marked on the outside “Confidential materials subject to a request for a protective order.” When confidential documents are filed, redacted versions must also be filed.
(b) Requests for protective orders. A request that materials submitted to the Board be kept confidential should be submitted as a separate pleading and clearly headed “Motion for protective order.”
(c) Requests for protective orders in stand-alone cost and simplified standards cases. A motion for protective order in stand-alone cost and simplified standards cases shall specify that evidentiary submissions will designate confidential material within single braces (i.e., {X}), highly confidential material within double braces (i.e., {{Y}}), and sensitive security information within triple braces (i.e., {{{Z}}}). In stand-alone cost cases, the motion for protective order shall be filed together with the notice pursuant to 49 CFR 1111.1.
[48 FR 44827, Sept. 30, 1983, as amended at 61 FR 52711, Oct. 8, 1996; 81 FR 8853, Feb. 23, 2016; 82 FR 57378, Dec. 5, 2017]