43 C.F.R. § 2.29
When will the bureau not notify a submitter of a request for their possibly confidential information?
The notice requirements of § 2.28 of this subpart will not apply if:
(a) The information has been lawfully published or officially made available to the public;
(b) Disclosure of the information is required or prohibited by a statute other than the FOIA or by a regulation (other than this part) issued in accordance with the requirements of Executive Order 12600; or
(c) The bureau has exercised due diligence to notify the submitter, but its efforts were unsuccessful.
Notes of Decisions
Cited in 2
cases, 2007–2015 · leading case: Citizens for Responsibility & Ethics v. Dep't of the Interior, 503 F. Supp. 2d 88 (D.D.C. 2007).
Citizens for Responsibility & Ethics v. Dep't of the Interior, 503 F. Supp. 2d 88 (D.D.C. 2007). “” 43 CFR § 2.29 (a) (2007). Therefore, the plaintiffs October 20, 2005 attempt to exhaust its administrative remedies in connection with FOIA requests for which final responses were provided in April and July 2005 is indisputably untimely.”
Evans v. U.S. Dep't of the Interior, 135 F. Supp. 3d 799 (N.D. Ind. 2015). “See 43 C.F.R. § 2.29 (a) (2012). A “final .response” for purposes of starting the appeal time limit is one that includes the agency’s decision whether to comply with the FOIA request, the reasons for that decision, and a notice of the right to appeal that decision to the- head…”
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