Confidential Law

Section

[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR512.23]

[Page 66-68]

TITLE 49--TRANSPORTATION

CHAPTER V--NATIONAL HIGHWAY TRAFFIC
SAFETY ADMINISTRATION, DEPARTMENT
OF TRANSPORTATION

PART 512_CONFIDENTIAL BUSINESS INFORMATION--Table of Contents

Subpart E_Agency Treatment of Information Claimed To Be Confidential

Sec. 512.23 Under what circumstances may NHTSA publicly release
confidential information?

(a) Information that has been claimed or determined to be
confidential under this part may be disclosed to the public by the
Administrator notwithstanding such claim or determination, if disclosure
would be in the public interest as follows:
(1) Information obtained under chapter 325, 327, 329 or 331 of title
49 of the United States Code (formerly under the Motor Vehicle
Information and Cost Savings Act) may be disclosed when that information
is relevant to a proceeding under the chapter under which the
information was obtained.
(2) Information obtained under chapter 301 of title 49 of the United
States Code (49 U.S.C. Sec. 30101 et seq.), relating to the
establishment, amendment, or modification of Federal motor vehicle
safety standards, may be disclosed when relevant to a proceeding under
the chapter.
(3) Except as specified in the next sentence, information obtained
under Chapter 301 of title 49 of the United States Code (49 U.S.C. 30101
et seq.), related to a possible defect or noncompliance, shall be
disclosed when the Administrator decides the information will assist in
carrying out sections 30117(b) and 30118 through 30121 of title 49 or is
required to be disclosed under 30118(a) of title 49, except as provided
in paragraph (a)(4) of this section.
(4) No information will be disclosed under paragraph (a) of this
section unless the submitter of the information is given written notice
of the Administrator's intention to disclose information under this
section. Written notice will be given at least twenty (20) working days
before the day of release, unless the Administrator finds that shorter
notice is in the public interest. The notice under this paragraph will
include a statement of the Administrator's reasons for deciding to
disclose the information, and will afford the submitter of the
information an opportunity to comment on the contemplated release of the
information. The Administrator may also give notice of the contemplated
release of information to other persons and may allow these persons the
opportunity to comment. In making the determination to release
information pursuant to this section, the Administrator will consider
ways to release the information that will

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cause the least possible adverse effects to the submitter.
(b) Notwithstanding any other provision of this part, information
that has been determined or claimed to be confidential may be released:
(1) To a committee of Congress;
(2) Pursuant to an order of a court of competent jurisdiction;
(3) To the Office of the Secretary, U.S. Department of
Transportation and other Executive branch offices or other Federal
agencies in accordance with applicable laws;
(4) With the consent of the submitter of the information; and
(5) To contractors, if necessary for the performance of a contract
with the agency or any Federal agency, with specific prohibitions on
further release of the information.

Appendix A to Part 512--Certificate in Support of Request for
Confidentiality

Certificate in Support of Request for Confidentiality

I ----------, pursuant to the provisions of 49 CFR part 512, state
as follows:
(1) I am (official's name, title) and I am authorized by (company)
to execute this certificate on its behalf;
(2) I certify that the information contained in (pertinent
document(s)) is confidential and proprietary data and is being submitted
with the claim that it is entitled to confidential treatment under 5
U.S.C. 552(b)(4) (as incorporated by reference in and modified by the
statute under which the information is being submitted);
(3) I hereby request that the information contained in (pertinent
document(s)) be protected for (requested period of time);
(4) This certification is based on the information provided by the
responsible (company) personnel who have authority in the normal course
of business to release the information for which a claim of
confidentiality has been made to ascertain whether such information has
ever been released outside (company);
(5) Based upon that information, to the best of my knowledge,
information and belief, the information for which (company) has claimed
confidential treatment has never been released or become available
outside (company); (except as hereinafter specified);
(6) I make no representations beyond those contained in this
certificate and, in particular, I make no representations as to whether
this information may become available outside (company) because of
unauthorized or inadvertent disclosure (except as stated in paragraph
5); and
(7) I certify under penalty of perjury that the foregoing is true
and correct. Executed on this the ------ day of ------, ------. (If
executed outside of the United States of America: I certify under
penalty of perjury under the laws of the United States of America that
the foregoing is true and correct). (signature of official)

Appendix B to Part 512--General Class Determinations

The Chief Counsel has determined that the following types of
information would presumptively be likely to result in substantial
competitive harm if disclosed to the public:
(1) Blueprints and engineering drawings containing process and
production data where the subject could not be manufactured without the
blueprints or engineering drawings except after significant reverse
engineering;
(2) Future specific model plans (to be protected only until the date
on which the specific model to which the plan pertains is first offered
for sale); and
(3) Future vehicle production or sales figures for specific models
(to be protected only until the termination of the production period for
the model year vehicle to which the information pertains).

[68 FR 44228, July 28, 2003, as amended at 69 FR 21425, Apr. 21, 2004]

Appendix C to Part 512--Early Warning Reporting Class Determinations

(a) The Chief Counsel has determined that the following information
required to be submitted to the agency under 49 CFR 579, subpart C, will
cause substantial competitive harm and will impair the government's
ability to obtain this information in the future if released:
(1) Reports and data relating to warranty claim information;
(2) Reports and data relating to field reports, including dealer
reports and hard copy reports;
(3) Reports and data relating to consumer complaints; and
(4) Lists of common green identifiers.
(b) In addition, the Chief Counsel has determined that the following
information required to be submitted to the agency under 49 CFR 579,
subpart C, will cause substantial competitive harm if released: Reports
of production numbers for child restraint systems, tires, and vehicles
other than light vehicles, as defined in 49 CFR 579.4(c).
(c) The Chief Counsel has determined that the disclosure of the last
six (6) characters, when disclosed along with the first eleven

[[Page 68]]

(11) characters, of vehicle identification numbers reported in
information on incidents involving death or injury pursuant to the
reporting of early warning information requirements of 49 CFR part 579
will constitute a clearly unwarranted invasion of personal privacy
within the meaning of 5 U.S.C. 552(b)(6).

[68 FR 44228, July 28, 2003, as amended at 69 FR 21425, Apr. 21, 2004]

Appendix D to Part 512--OMB Clearance

The OMB clearance number for this regulation is 2127-0025.