Section 1.07-35 - Request for confidential treatment(a) In addition to information treated as confidential under § 1.07-30 , a request for confidential treatment of a document or portion thereof may be made by the person supplying the information on the basis that the information is: (1) Confidential financial information, trade secrets, or other material exempt from disclosure by the Freedom of Information Act (5 U.S.C. 552 );(2) Required to be held in confidence by 18 U.S.C. 1905 ; or(3) Otherwise exempt by law from disclosure.(b) The person desiring confidential treatment must submit the request to the Hearing Officer in writing and state the reasons justifying nondisclosure. Failure to make a timely request may result in a document being considered as nonconfidential and subject to release.(c) Confidential material is not considered by the Hearing Officer in reaching a decision unless:(1) It has been furnished by a party, or(2) It has been furnished pursuant to a subpoena.CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by USCG-2002-12471, 67 FR 41331 , June 18, 2002