(a) The Department encourages, but does not require, submitters to designate confidential information in good faith at the time of submission. Such designations assist the bureau in determining whether information obtained from the submitter is confidential information, but will not always be determinative.
(b) If, in the course of responding to a FOIA request, a bureau cannot readily determine whether information is confidential information, the bureau will:
(1) Consult with the submitter under Sec. Sec. 2.27 and 2.28; and
(2) Provide the submitter an opportunity to object to a decision to disclose the information under Sec. Sec. 2.30 and 2.31 of this subpart.