Appendix A to Subpart C of Part 3011 - Template Forms Protective Conditions Statement
39:1.0.2.17.7.3.1.7.3 : Appendix A
Appendix A to Subpart C of Part 3011 - Template Forms Protective
Conditions Statement ______ (name of submitter of non-public
materials) requests confidential treatment of non-public materials
identified as ____ (non-confidential description of non-public
materials) (hereinafter “these materials”) in Commission Docket
No(s).____ (designation of docket(s) in which these materials were
filed). ______ (name of participant filing motion) (hereinafter
“the movant”) requests access to these materials related to ____
(designation of docket(s) or description of proposed proceeding(s)
in which these materials are to be used) (hereinafter “this
matter”).
The movant has provided to each person seeking access to these
materials:
○ This Protective Conditions Statement;
○ the Certification to Comply with Protective Conditions;
○ the Certification of Compliance with Protective Conditions and
Termination of Access; and
○ the Commission's rules applicable to access to non-public
materials filed in Commission proceedings (subpart C of part 3011
of the U.S. Code of Federal Regulations).
Each person (and any individual working on behalf of that
person) seeking access to these materials has executed a
Certification to Comply with Protective Conditions by signing in
ink or by typing/s/before his or her name in the signature block.
The movant attaches the Protective Conditions Statement and the
executed Certification(s) to Comply with Protective Conditions to
the motion for access filed with the Commission.
The movant and each person seeking access to these materials
agree to comply with the following protective conditions:
In accordance with 39 CFR 3011.303, the Commission may impose
sanctions on any person who violates these protective conditions,
the persons or entities on whose behalf the person was acting, or
both.
2. In accordance with 39 CFR 3011.300(b), no person involved in
competitive decision-making for any individual or entity that might
gain competitive advantage from using these materials shall be
granted access to these materials. Involved in competitive
decision-making includes consulting on marketing or advertising
strategies, pricing, product research and development, product
design, or the competitive structuring and composition of bids,
offers or proposals. It does not include rendering legal advice or
performing other services that are not directly in furtherance of
activities in competition with an individual or entity having a
proprietary interest in the protected material.
3. In accordance with 39 CFR 3011.302(a), a person granted
access to these materials may not disseminate these materials in
whole or in part to any person not allowed access pursuant to 39
CFR 3011.300(a) (Commission and court personnel) or 3011.301 (other
persons granted access by Commission order) except in compliance
with:
a. Specific Commission order,
b. Subpart B of 39 CFR 3011 (procedure for filing these
materials in Commission proceedings), or
c. 39 CFR 3011.305 (production of these materials in a court or
other administrative proceeding).
4. In accordance with 39 CFR 3011.302(b) and (c), all persons
granted access to these materials:
a. Must use these materials only related to this matter; and
b. must protect these materials from any person not authorized
to obtain access under 39 CFR 3011.300 or 3011.301 by using the
same degree of care, but no less than a reasonable degree of care,
to prevent the unauthorized disclosure of these materials as those
persons, in the ordinary course of business, would be expected to
use to protect their own proprietary material or trade secrets and
other internal, confidential, commercially sensitive, and
privileged information.
5. The duties of each person granted access to these materials
apply to all:
a. Disclosures or duplications of these materials in writing,
orally, electronically, or otherwise, by any means, format, or
medium;
b. Excerpts from, parts of, or the entirety of these
materials;
c. Written materials that quote or contain these materials;
and
d. Revised, amended, or supplemental versions of these
materials.
6. All copies of these materials will be clearly marked as
“Confidential” and bear the name of the person granted access.
7. Immediately after access has terminated pursuant to 39 CFR
3011.304(a)(1), each person (and any individual working on behalf
of that person) who has obtained a copy of these materials must
execute the Certification of Compliance with Protective Conditions
and Termination of Access. In compliance with 39 CFR
3011.304(a)(2), the movant will attach the executed
Certification(s) of Compliance with Protective Conditions and
Termination of Access to the notice of termination of access filed
with the Commission.
8. Each person granted access to these materials consents to
these or such other conditions as the Commission may approve.
Respectfully submitted, (signature of representative) /s/ (print
name of representative) (address line 1 of representative) (address
line 2 of representative) (telephone number of representative)
(e-mail address of representative) (choose the appropriate
response) Attorney/Non-Attorney Representative for (name of the
movant) You may delete the instructional text to complete this
form. This form may be filed as an attachment to the motion for
access to non-public materials under 39 CFR 3011.301(b)(5).
Certification To Comply With Protective Conditions ______ (name of
submitter of non-public materials) requests confidential treatment
of non-public materials identified as ____ (non-confidential
description of non-public materials) (hereinafter “these
materials”) filed in Commission Docket No(s). ____ (designation of
docket(s) in which these materials were filed). ______ (name of
participant filing motion) requests that the Commission grant me
access to these materials to use related to ____ (designation of
docket(s) or description of proposed proceeding(s) in which these
materials are to be used) (hereinafter “this matter”).
I certify that:
○ I have read and understand the Protective Conditions Statement
and this Certification to Comply with Protective Conditions;
○ I am eligible to receive access to these materials because I
am not involved in competitive decision-making for any individual
or entity that might gain competitive advantage from using these
materials; and
○ I will comply with all protective conditions established by
the Commission.
(signature of individual receiving access) /s/ (print name of
individual receiving access) (title of individual receiving access)
(employer of individual receiving access) (name of the participant
filing the motion) (date) You may delete the instructional text to
complete this form. This form may be filed as an attachment to the
motion for access to non-public materials under 39 CFR
3011.301(b)(6). Certification of Compliance with Protective
Conditions and Termination of Access ______ (name of submitter of
non-public materials) requests confidential treatment of non-public
materials identified as ____ (non-confidential description of
non-public materials) (hereinafter “these materials”) filed in
Commission Docket No(s). ____ (designation of docket(s) in which
these materials were filed).
The Commission granted the request by____ (name of participant
filing notice) to grant me access to these materials to use related
to ____ (designation of docket(s) or description of proposed
proceeding(s) in which these materials are to be used) (hereinafter
“this matter”).
I certify that:
○ I accessed, maintained, and used these materials in accordance
with the protective conditions established by the Commission;
○ Effective ____ (date), my access to these materials was
terminated; and
○ Effective ____ (date), I no longer have any of these materials
or any duplicates.
(signature of individual granted access) /s/ (print name of
individual granted access) (title of individual granted access)
(employer of individual granted access) (name of participant filing
notice) (date) You may delete the instructional text to complete
this form. This form should be filed as an attachment to the notice
of termination of access to non-public materials under 39 CFR
3011.304(a)(2). [85 FR 9643, Feb. 19, 2020]