[Federal Register Volume 67, Number 83 (Tuesday, April 30, 2002)]
[Proposed Rules]
[Pages 21198-21206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10181]



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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 512

[Docket No. NHTSA-02-12150]
RIN 2127-AI20


Confidential Business Information

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This document proposes to amend the regulation on Confidential 
Business Information. This proposal is designed primarily to simplify 
and improve the clarity of the regulation and to update specific 
sections to reflect current case law and legislative action. The 
proposal is intended to ensure the efficient processing of requests for 
confidential treatment and the proper protection for sensitive business 
information received by NHTSA.

DATES: Comments must be received on or before July 1, 2002.

ADDRESSES: Comments should refer to the docket number above and be 
submitted to: Docket Management Facility, 400 Seventh Street, SW., 
Nassif Building, Room PL-401, Washington, DC 20590. Alternatively, you 
may submit your comments electronically by logging onto the Docket 
Management System (DMS) Web site at http://dms.dot.gov. Click on ``Help 
& Information'' or ``Help/Info'' to view instructions for filing your 
comments electronically. Regardless of how you submit your comments, 
you should mention the docket number of this document.
    You may call the Docket at 202-366-9324. Docket hours are 9:30 a.m. 
to 4 p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Heidi L. Coleman, Assistant Chief 
Counsel for General Law, Office of the Chief Counsel, NCC-30, National 
Highway Traffic Safety Administration, 400 7th Street SW., Room 5219, 
Washington, DC 20590, phone: (202) 366-1834.

SUPPLEMENTARY INFORMATION: NHTSA first published 49 CFR part 512, 
Confidential Business Information (Part 512), as a final rule on 
January 8, 1981 (46 FR 2049). In response to a petition for 
reconsideration, the agency made a minor change to the published rule, 
and republished it on June 7, 1982 (47 FR 24587). On November 28, 1989, 
NHTSA revised Part 512 (54 FR 48892) to incorporate statutory and case 
law changes, to provide procedural clarifications and to amend Appendix 
B--Class Determinations. The regulation has not been amended since that 
time.
    NHTSA believes that the procedures for submitting confidential 
business information generally have worked well since the 1989 
revision. However, new developments in the law as well as practical 
experience have made certain modifications necessary. These proposed 
modifications are described below.
    Other changes are being proposed to make the regulation clearer and 
easier to follow, particularly for organizations or individuals who do 
not submit materials to the agency on a regular or frequent basis. In 
particular, we are proposing to reorganize the provisions of Part 512 
and to use a question and answer format, designed to guide the reader 
through the procedural steps of Part 512. Under the proposal, Part 512 
would be reorganized into five (5) general subparts, entitled: General 
Provisions; Submission Requirements; Additional Requirements; Agency 
Determination; and Agency Treatment of Information Claimed to be 
Confidential. Each subpart then would contain separate subheadings, 
most of which are presented in a question and answer format that is 
designed to guide the reader through all applicable requirements in 
that subpart.
    While the proposal constitutes a significant change in the 
presentation and style of Part 512, it will not alter most of the 
substantive requirements contained in the regulation. The substantive 
changes that are being proposed are noted and explained below.

Subpart A--General Provisions

    Subpart A would contain the general provisions that define the 
purpose, scope, and applicability of the regulation, which we use to 
consider claims that information is entitled to confidential treatment. 
This subpart also would include the definitions of terms used in the 
regulation. We propose to revise the definition for confidential 
business information to reflect the changes made in the case law. There 
are no substantive changes proposed in this portion of Part 512.

Subpart B--Submission Requirements

    Subpart B would delineate the specific requirements that submitters 
must follow when they request confidential treatment for materials 
submitted to NHTSA. The requirements would specify the manner in which 
materials must be prepared, identified and submitted, and provide that 
information claimed to be confidential must be submitted with 
supporting information and a signed certificate.
    Consistent with the agency's current regulation, the proposal would 
continue to provide that any information submitted to NHTSA, for which 
confidential treatment is claimed, must be marked as ``confidential.'' 
Each page that contains confidential information must be marked; if an 
entire page is claimed to be confidential, the markings must indicate 
this clearly; and, if portions of a page are claimed to be 
confidential, such portions must be marked by enclosing them within 
brackets ``[].'' We are proposing to emphasize these requirements for 
the benefit of submitters of information. If materials are not marked 
properly, there is a risk that information could be disclosed 
inadvertently to the public or to a competitor. We believe these 
requirements help ensure protection for information claimed to be 
confidential.
    The proposal would also continue to require that any request for 
confidential treatment must be accompanied by supporting information 
and a signed certificate. However, the proposal further clarifies the 
elements that must be included in a request, and it specifies that 
certain additional items of information or statements must be included 
in the supporting documentation and the certificate. For example, the 
supporting documentation must include a general description of the 
information for which confidentiality is claimed and an indication of 
the confidentiality standard under which the claim is being made. The 
certificate must include a statement asserting the length of time for 
which confidential treatment is being claimed.
    Through these proposed changes, we seek to ensure that submitters 
are fully informed about the items of information the agency needs to 
make a decision regarding the request, and provide submitters with an 
adequate opportunity to submit all of this information. If the agency 
does not receive sufficient information upon which to base its 
decision, there is a risk that a request might be denied improvidently. 
The burden remains on submitters to provide information that adequately 
supports requests for confidential treatment.
    We are proposing to add a requirement that each page claimed to 
contain confidential information be numbered. This proposed change 
would allow these pages to be easily identified and distinguished. Such 
markings should help to ensure that there is no question about which 
pages are claimed

[[Page 21199]]

to be confidential and which pages are determined to be entitled to 
confidential treatment.
    The agency's current regulation requires submitters to send to the 
Office of Chief Counsel two complete copies of documents that contain 
information claimed to be confidential and one copy of a public version 
of the document, from which portions claimed to be confidential have 
been redacted. In addition, the regulation requires submitters to send 
a public version of the document to ``the appropriate NHTSA official'' 
if the document claimed to be confidential relates to ``an 
investigation or proceeding, a rulemaking action, or pursuant to a 
reporting requirement for which there is a public file or docket.''
    These requirements have proved to be cumbersome and difficult for 
submitters to follow. In addition, these requirements may sometimes 
prevent offices with an immediate need for the submitted information 
from receiving it quickly, which can delay the work of the agency.
    Accordingly, we are proposing to change these requirements to 
minimize the burden to submitters and provide other agency offices 
immediately with the information they need to perform their assigned 
tasks, while still providing the Office of Chief Counsel with the 
information it needs to consider submitters' requests for confidential 
treatment. Specifically, the proposal would require submitters to 
submit a single copy of the information claimed to be confidential 
(with the certificate and supporting information mentioned above) to 
the Office of Chief Counsel and a complete version of the materials, as 
well as a redacted version, to the responsible office within the 
agency. Note that any non-confidential information that may be needed 
for the agency to make its determination regarding the submitter's 
request for confidential treatment should also be submitted to the 
Office of Chief Counsel along with the claimed confidential materials 
to ensure that an accurate assessment can be made. A second redacted 
copy would need to be submitted only in cases when the information is 
being provided in connection with a proceeding for which there is an 
established public docket. Consistent with the agency's current 
regulation, if blueprints or engineering drawings are being submitted, 
only one original copy must be provided. If claimed to be confidential, 
this copy would be submitted to the Office of Chief Counsel.
    Finally, the agency proposes to request that any personal 
information contained in submissions, such as names, addresses and 
telephone numbers of consumers, be removed by the submitter from the 
redacted version of the submitted materials. This provision would help 
NHTSA protect the personal privacy of individuals, since the disclosure 
of this type of information could constitute a clearly unwarranted 
invasion of personal privacy.

Subpart C--Additional Requirements

    Subpart C would contain additional requirements that submitters 
must follow when certain circumstances apply. All of these requirements 
are contained in the agency's current regulation, and NHTSA is not 
proposing to make any substantive changes to these requirements. The 
agency is proposing simply to assemble these requirements in a single 
subpart and to clarify these requirements.
    Specifically, the requirements contained in this subpart would 
specify that submitters have a continuing obligation to amend any 
information they submit in support of a claim for confidential 
treatment whenever they become aware that the information submitted was 
inaccurate when it was originally submitted, or is no longer accurate. 
The requirements would also cover such procedural matters as the manner 
in which confidential treatment is to be claimed when the information 
is being submitted by a third party or when confidential treatment is 
being claimed for multiple items of information, and the steps 
submitters are to take if they need an extension of time to submit 
information in support of a claim for confidential treatment.
    These requirements also would specify the consequences for 
noncompliance with part 512. For example, if submitters fail to amend 
incorrect information in support of a claim for confidential treatment, 
they may be subject to civil penalties; if submitters fail to properly 
mark materials for which they are claiming confidential treatment, 
their claim may be waived; and if submitters do not provide a 
certificate or adequate supporting information in support of their 
claim for confidential treatment, their claim may be denied.

Subpart D--Agency Determination

    Subpart D would contain provisions that relate to decisions 
rendered by the agency regarding claims for confidential treatment. 
These provisions delineate the confidentiality standards and procedures 
used by the agency to render a confidentiality determination. These 
provisions also include determinations involving classes of information 
and the right of submitters to request reconsideration if they disagree 
with an agency decision. We are proposing substantive changes to these 
provisions. We are also proposing to clarify these requirements and 
assemble them in a single subpart.
    The agency's current regulation provides that information may be 
afforded confidential treatment if it is ``a trade secret, or 
commercial or financial information that is privileged or 
confidential,'' and further that information is considered to be 
``confidential'' when ``disclosure of the information would be likely 
to result in substantial competitive harm to the submitter of the 
information; . . . (when) failure to afford the information 
confidential treatment would impair the ability of NHTSA to obtain 
similar information in the future; or (when) disclosure of the 
information would be likely to impair other protectable government 
interests.'' 49 CFR 512.5 (2001).
    When part 512 was last published, these confidentiality standards 
reflected then-current case law. Since that time, however, court 
decisions have been rendered regarding the protection of information 
under Exemption 4 of the FOIA, 5 U.S.C. 552(b)(4). In particular, in 
1992, the D.C. Circuit Court rendered a decision in Critical Mass 
Energy Project v. NRC, 975 F.2d 871 (D.C. Cir. 1992), which established 
a new standard of review for confidential business information that was 
submitted to an agency voluntarily. Under this decision, voluntarily 
submitted information need not meet the tests established in National 
Parks & Conservation Ass'n v. Morton, 351 F. Supp. 404 (D.D.C. 1972), 
rev'd & remanded, 498 F.2d 765 (D.C. Cir. 1974) (most notably the 
``competitive harm'' test). Rather, voluntarily submitted information 
will be protected if it is the kind of information that is customarily 
not released to the public by the submitter. We are proposing to modify 
Part 512 to incorporate this new confidentiality standard. The proposal 
would also include a provision to cover any new confidentiality 
standards that are established in future court decisions.
    Consistent with the agency's current regulation, the proposal would 
continue to provide that the agency may issue class determinations, 
under which NHTSA decides that a class of information is presumed to 
cause competitive harm if released. Appendix B to the agency's current 
regulation already lists three such classes of information. These 
classes include blueprints and engineering drawings

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(under certain circumstances), future specific model plans, and future 
vehicle or equipment production or sales figures (in some cases, for 
limited periods of time). The proposal would retain these three classes 
of information presumed to cause competitive harm if released and would 
not add any others.
    In addition, the proposal would provide that the agency may 
determine that a class of information is presumed not to cause 
competitive harm if released. Pursuant to this proposed change to the 
regulation, the agency proposes to create a number of classes of 
information presumed not to cause competitive harm if disclosed. These 
classes would be added, as a separate category, to Appendix B. To 
determine which classes of information might be included in this 
portion of the appendix, the agency considered the types of information 
typically submitted to the agency, particularly in connection with 
rulemaking actions, defect or compliance investigations, and regulatory 
reporting requirements. The agency also considered the types of 
information it is likely to receive in the future, such as pursuant to 
the new ``early warning'' requirements, about which an NPRM was 
published on December 21, 2001 (66 FR 66190). In addition, the agency 
considered relevant case law and the body of confidentiality requests 
it has received and decisions it has issued in recent years, regarding 
these types of information.
    Based on this review, the agency proposes to determine that certain 
classes of information are presumed not to cause competitive harm if 
released. These classes would include consumer complaints and related 
documents required to be submitted to the agency, and reports and data 
required to the submitted to the agency relating to property damage and 
warranty claims. Although the agency routinely protects the name and 
other identifying information about individuals who may be identified 
in these documents, the agency has consistently not granted 
confidential treatment for this type of information.
    The agency frequently receives requests for confidential treatment 
for these types of materials, and consistently denies such requests. 
The agency is proposing to establish these class determinations to 
document its current practice, which is based on applicable case law. 
It is the agency's hope that these class determinations would serve to 
inform submitters of information about the types of materials likely to 
be granted or not granted confidential treatment, and that this might 
expedite the processing of requests for confidential treatment that are 
submitted to the agency. The agency is interested in receiving public 
comment on these proposed class determinations. In particular, we are 
interested in comments regarding whether any of the class 
determinations proposed should be removed or modified.
    The agency also proposes to establish a class determination 
applicable to test procedures used to certify compliance with 
applicable federal motor vehicle safety standards (FMVSS) and the 
results of such testing. Although it is customary for the agency to 
protect developmental or experimental testing data, the agency has had 
a long-standing practice of denying confidential treatment for 
information relating to tests based on the FMVSS or other standards 
that are known to the public, such as SAE standards, when used to 
certify compliance with FMVSS.
    Release of compliance test data typically does not reveal testing 
procedures developed by manufacturers, but rather reveals only the 
results of testing based on procedures that are publicly known and 
contained in the FMVSS. In reviewing requests for confidential 
treatment of this type of information, the agency has often pointed out 
that while compliance test data may reveal specific test results for 
individual vehicles or motor vehicle equipment, such data do not 
typically reveal information that would cause competitive harm. For 
example, release of test results does not allow another manufacturer to 
anticipate competitive moves in the marketplace, plan investments to 
meet the competition or plan responses to anticipated actions of its 
competitors. The release of test results may reveal that a certain 
margin of compliance may be achieved, but it does not provide another 
manufacturer with information about how to obtain such a result.
    The agency is proposing to establish a presumption that generally 
the release of these types of tests do not cause competitive harm. 
However, the agency recognizes that a manufacturer may develop a unique 
and confidential test or analysis to certify compliance with FMVSS 
applicable to its products. A manufacturer that in good faith believes 
that its testing or analysis does not mirror publicly known or 
available test procedures, and that disclosure of its unique processes 
may result in competitive harm, may seek to rebut the presumption and 
claim confidential treatment based on competitive harm. Any such claim 
must be accompanied by a thorough explanation of the basis for the 
submitter's assertions that the test procedure is not publicly known or 
available and that disclosure of the procedure and results would be 
competitively harmful.
    Similarly, a submitter whose information falls within the 
categories of information for which a presumption of confidentiality 
attaches under our existing class determinations may not seek 
confidential treatment for that information unless the submitter also 
certifies that appropriate measures have been taken to maintain its 
confidentiality and that it has not been released to the public.
    The agency requests public comment regarding this proposed class 
determination. We are also interested in receiving comments regarding 
whether any of the proposed class determinations should be applicable 
to the material to be submitted under the agency's ``early warning'' 
regulations and whether any additional class determinations should be 
established. For example, the agency's ``early warning'' NPRM proposes 
that manufacturers submit to the agency reports on incidents involving 
deaths or injuries and copies of field reports. The agency seeks 
comments regarding whether the agency should presumptively determine 
that these (or a subset of these) types of documents would or would not 
cause competitive harm to the submitter if released. Any suggested 
changes or additions to the proposed list of class determinations 
should be justified. We recognize that a final rule has not yet been 
issued regarding the ``early warning'' requirements, but we ask 
commenters to provide as much information as possible within this 
comment period. If necessary, we will allow for additional comments 
prior to finalizing any class determinations covering the ``early 
warning'' submissions.
    This subpart of the proposed regulation would also cover such 
procedural matters as who makes confidentiality decisions within the 
agency, how long it should take the agency to make decisions on 
confidentiality requests, and how submitters who request confidential 
treatment for their information are notified of the agency's decision.
    Finally, this subpart would contain provisions that continue to 
afford submitters the right to petition for reconsideration if the 
submitter does not agree with the agency's decision. These provisions 
would also describe the steps to take if submitters wish to exercise 
this right.

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Subpart E--Agency Treatment of Information Claimed to be 
Confidential

    Subpart E would describe the manner in which information claimed to 
be confidential is treated by the agency. Consistent with the agency's 
current regulation, the proposal would provide that any information 
identified and claimed to be confidential will be protected by the 
agency pending an agency decision, and it will continue to be treated 
confidentially if the submitter's request for confidential treatment is 
granted, except under certain limited circumstances.
    Also consistent with the current regulation, the proposal would 
provide that a grant of confidentiality may be modified under certain 
circumstances, including newly discovered or changed facts, a change in 
applicable law, a change in a class determination or a finding that the 
prior determination was erroneous.
    The proposal would also provide that information that has been 
claimed or determined to be entitled to confidential treatment may 
nonetheless be publicly released in some situations.
    These situations include releases to Congress, releases pursuant to 
a court order, releases to the Secretary of Transportation or to other 
Executive agencies in accordance with applicable law, releases with the 
consent of the submitter, and releases to contractors (subject to 
certain conditions).
    The agency's current regulation lists also three additional 
situations under which information claimed or determined to be entitled 
to confidential treatment may nonetheless be disclosed to the public. 
They include the disclosure under 49 U.S.C. 32505(c), 32708(a), 
32910(c) or 33116(a) of information obtained pursuant to the Motor 
Vehicle Information and Cost Savings Act, when the information is 
relevant to a proceeding under the Act; the disclosure under 49 U.S.C. 
30167(a) of information obtained pursuant to the National Traffic and 
Motor Vehicle Safety Act, relating to the establishment, amendment or 
modification of a Federal motor vehicle safety standard (FMVSS), when 
relevant to a proceeding under the Act; and the disclosure under 49 
U.S.C. 30167(b) of information obtained pursuant to the National 
Traffic and Motor Vehicle Safety Act, relating to an alleged defect or 
noncompliance with applicable standards, if the Administrator 
determines that disclosure is necessary to carry out the purposes of 
the Act.
    The Motor Vehicle Information and Cost Savings Act (Cost Savings 
Act) and the National Traffic and Motor Vehicle Safety Act (Vehicle 
Safety Act) have been repealed and their pertinent provisions have been 
codified under title 49 of the United States Code. The proposal would 
modify Part 512, consistent with these statutory changes. In addition, 
the proposal would reference a new disclosure provision added by 
section 3(b) of the Transportation Recall Enhancement, Accountability, 
and Documentation (TREAD) Act, Pub. L. 106-414, November 1, 2000. Under 
that provision (49 U.S.C. 30166(m)(4)(C)) early warning information 
collected pursuant to regulations issued under 49 U.S.C. 30166(m), if 
claimed or determined to be entitled to confidential treatment, shall 
not be disclosed under 49 U.S.C. 30167(b) unless the Administrator 
determines that the disclosure will assist in carrying out Sections 
30117(b) and Sections 30118 `` 30121.

Written Comments

    Interested persons are invited to comment on this notice of 
proposed rulemaking. It is requested, but not required, that two copies 
be submitted. All comments must be limited to 15 pages in length. 
Necessary attachments may be appended to those submissions without 
regard to the 15-page limit. See 49 CFR 553.21. This limitation is 
intended to encourage commenters to detail their primary arguments in a 
concise fashion.
    You may submit your comments by one of the following methods:
    (1) By mail to Docket Management Facility, Docket No. [NHTSA-02-
XXXX], DOT, 400 Seventh Street, SW, Nassif Building, Room PL-401, 
Washington, DC 20590;
    (2) By hand delivery to Room PL-401 on the Plaza level of the 
Nassif Building, 400 Seventh Street, SW, Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday;
    (3) By fax to the Docket Management Facility at (202) 493-2251; or
    (4) By electronic submission: log onto the DMS Web site at http://dms.dot.gov and click on ``Help and Information'' or ``Help/Info'' to 
obtain instructions.
    All comments received before the close of business on the comment 
closing date will be considered and will be available for examination 
in the docket at the above address before and after that date. To the 
extent possible, comments filed after the closing date will also be 
considered. However, the rulemaking action may proceed at any time 
after that date. The agency will continue to file relevant material in 
the docket as it becomes available after the closing date, and it is 
recommended that interested persons continue to examine the docket for 
new material.
    You may review submitted comments in person at the Docket 
Management Facility located at Room PL-401 on the Plaza level of the 
Nassif Building, 400 Seventh Street, SW, Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday.
    You may also review submitted comments on the Internet by taking 
the following steps:
    (1) Go to the DMS Web page at 
http://dms.dot.gov/search/.
    (2) On that page, click on ``search''.
    (3) On the next page (http://dms.dot.gov/search/) type in the four 
digit docket number shown at the beginning of this notice. Click on 
``search''.
    (4) On the next page, which contains docket summary information for 
the docket you selected, click on the desired comments. You may also 
download the comments. Although the comments are imaged documents, 
instead of word processing documents, the ``pdf'' versions of the 
documents are word searchable.
    Those persons who wish to be notified upon receipt of their 
comments in the docket should enclose, in the envelope with their 
comments, a self-addressed stamped postcard. Upon receiving the 
comments, the docket supervisor will return the postcard by mail.

Regulatory Analyses and Notices

Executive Order 12988 (Civil Justice Reform)

    This proposed rule would not have any preemptive or retroactive 
effect. This action meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Executive Order 12866 (Regulatory Planning and Review) and DOT 
Regulatory Policies and Procedures

    The agency has determined that this proposed action is not a 
significant regulatory action within the meaning of Executive Order 
12866 or significant within the meaning of Department of Transportation 
Regulatory Policies and Procedures. Consequently, this rulemaking 
document was not reviewed by the Office of Management and Budget under 
Executive Order 12866, ``Regulatory Planning and Review.'' The 
rulemaking action also is not considered to be significant under the 
Department's Regulatory Policies and Procedures (44 FR 11034, February 
26, 1979). Because the economic impacts of this rule are so

[[Page 21202]]

minimal, no further regulatory evaluation is necessary.

Executive Order 13132 (Federalism)

    Executive Order 13132 requires the agency to develop an accountable 
process to ensure ``meaningful and timely input by State and local 
officials in the development of regulatory policies that have 
Federalism implications.'' ``Policies that have Federalism 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.'' Under Executive Order 13132, the agency may not issue a 
regulation with Federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, the agency 
consults with State and local governments, or the agency consults with 
State and local officials early in the process of developing the 
proposed regulation. The agency also may not issue a regulation with 
Federalism implications that preempts State law unless the agency 
consults with State and local officials early in the process of 
developing the proposed regulation.
    We have analyzed this proposed rule in accordance with the 
principles and criteria set forth in Executive Order 13132 and have 
determined that this proposal does not have sufficient Federal 
implications to warrant consultation with State and local officials or 
the preparation of a Federalism summary impact statement.

Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act (Pub. L. 96-354, 5 
U.S.C. 601-612), whenever an agency is required to publish a notice of 
rulemaking for any proposed or final rule, it must prepare and make 
available for public comment a regulatory flexibility analysis that 
describes the effect of the rule on small entities (i.e., small 
businesses, small organizations, and small governmental jurisdictions). 
However, no regulatory flexibility analysis is required if the head of 
an agency certifies the rule will not have a significant economic 
impact on a substantial number of small entities.
    I have considered the effects of this rulemaking action under the 
Regulatory Flexibility Act (Pub. L. 96-354, 5 U.S.C. 601-612), and 
certify that this proposed action would not have a significant economic 
impact on a substantial number of small entities and find that the 
preparation of a Regulatory Flexibility Analysis is unnecessary.

National Environmental Policy Act

    The agency has analyzed this proposed action for the purpose of the 
National Environmental Policy Act (NEPA) (42 U.S.C. 4321-4347) and has 
determined that it would not have any significant impact on the quality 
of the human environment.

Paperwork Reduction Act

    The requirements of Part 512 are considered to be information 
collection requirements as that term is defined by the Office of Budget 
and Management (OMB) in 5 CFR part 1320. Accordingly, the existing 
regulation of Part 512 has been submitted to and approved by OMB 
pursuant to the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). These 
requirements have been approved through December 31, 2001. Under this 
proposed revision these requirements remain collection requirements 
within the meaning published in 5 CFR Part 1320, and a request for 
continued approval has been submitted to OMB.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires agencies to prepare a written assessment of the costs, 
benefits and other effects of rules that include a Federal mandate 
likely to result in the expenditure by State, local or tribal 
governments, in the aggregate, or by the private sector, of $100 
million or more (adjusted annually for inflation) in any one year. This 
proposed rule does not require an assessment under this law. This rule 
would not impose any unfunded mandates under the Unfunded Mandates 
Reform Act of 1995. Further, it would not result in costs of $100 
million or more to either State, local, or tribal governments, in the 
aggregate, or to the private section.

Regulation Identifier Number (RIN)

    A regulation identification number (RIN) is assigned to each 
regulatory section listed in the Unified Agenda of Federal Regulations. 
The Regulatory Information Service Center publishes the Unified Agenda 
in April and October of each year. The RIN contained in the heading of 
this document can be used to cross-reference this section with the 
Unified Agenda.

List of Subjects in 49 CFR Part 512

    Administrative procedure and practice, Confidential business 
information, Freedom of information, Motor vehicle safety, Reporting 
and record keeping requirements.

    In consideration of the foregoing, the National Highway Traffic 
Safety Administration proposes to amend title 49, Code of Federal 
Regulations, by revising Part 512 as set forth below.

PART 512--CONFIDENTIAL BUSINESS INFORMATION

Subpart A--General Provisions
Sec.
512.1   Purpose and scope.
512.2   Applicability.
512.3   Definitions.
Subpart B--Submission Requirements
512.4   When requesting confidentiality, what should I submit?
512.5   How should I prepare documents when submitting a claim for 
confidentiality?
512.6   How many copies should I submit?
512.7   Where should I send the information for which I am 
requesting confidentiality?
512.8   What supporting information should I submit with my request?
Subpart C--Additional Requirements
512.9   What are the requirements if the information comes from a 
third party?
512.10   Duty to amend.
512.11   What if I need an extension of time?
512.12   What if I am submitting multiple items of information?
512.13   What are the consequences for noncompliance with this part?
Subpart D--Agency Determination
512.14   Who makes the confidentiality determination?
512.15   What confidentiality standards will the Office of Chief 
Counsel use to make confidentiality determinations?
512.16   Class determinations.
512.17   How long should it take to determine whether information is 
entitled to confidential treatment?
512.18   How will I be notified of the confidentiality 
determination?
512.19   If I disagree with a determination made by the Office of 
Chief Counsel under this part, what can I do?
Subpart E--Agency Treatment of Information Claimed To Be Confidential
512.20   How does the agency treat information submitted pursuant to 
this part claimed to be confidential before a confidentiality 
determination is made?
512.21   How is information submitted pursuant to this part treated 
once a confidentiality determination is made?
512.22   Under what circumstances may NHTSA modify a grant of 
confidentiality?
512.23   Under what circumstances may NHTSA publicly release 
confidential information?
Appendix A to part 512--Certificate in Support of Request for 
Confidentiality
Appendix B to part 512--Class Determinations

[[Page 21203]]

Appendix C to part 512--OMB Clearance

    Authority: 49 U.S.C. 322; 5 U.S.C. 552; 49 U.S.C. 30166; 49 
U.S.C. 30167; 49 U.S.C. 32307; 49 U.S.C. 32505; 49 U.S.C. 32708; 49 
U.S.C. 32910; 49 U.S.C. 33116; delegation of authority at 49 CFR 
1.50.

Subpart A--General Provisions


Sec. 512.1  Purpose and scope.

    The purpose of this part is to establish the procedure by which 
NHTSA will consider claims that information submitted to the agency, or 
which the agency otherwise obtains, is confidential business 
information, as described in 5 U.S.C. 552(b)(4).


Sec. 512.2  Applicability.

    (a) This part applies to all information which is submitted to 
NHTSA, or which NHTSA otherwise obtains, except as provided in 
paragraph (b) of this section.
    (b) Information received as part of the procurement process is 
subject to the Federal Acquisition Regulation. 48 CFR, Chapter 1, as 
well as this part. In any case of conflict between the Federal 
Acquisition Regulation and this part, the provisions of the Federal 
Acquisition Regulation prevail.


Sec. 512.3  Definitions.

    Whenever used in this part,
    (a)  Administrator means the Administrator of the National Highway 
Traffic Safety Administration.
    (b) Chief Counsel means the Chief Counsel of the National Highway 
Traffic Safety Administration.
    (c) Confidential business information means trade secrets or 
commercial or financial information that is privileged or confidential.
    (1) A trade secret is a secret, commercially valuable plan, 
formula, process, or device that is used for the making, preparing, 
compounding, or processing of trade commodities and that can be said to 
be the end product of either innovation or substantial effort.
    (2) Commercial or financial information is considered confidential:
    (i) If the information was required to be submitted and would 
likely impair the government's ability to obtain necessary information 
in the future or would likely cause substantial harm to the competitive 
position of the person from whom the information was obtained, or
    (ii) If the information was voluntarily submitted and is the kind 
of information that would customarily not be released to the public by 
the person from whom it was obtained.
    (d) NHTSA means the National Highway Traffic Safety Administration.
    (e) ``Substantial competitive harm'' includes ``significant 
competitive damage'' under Chapter 329 of Title 49 of the United States 
Code, Automobile Fuel Economy, 49 U.S.C. 32910(c).

Subpart B--Submission Requirements


Sec. 512.4  When requesting confidentiality, what should I submit?

    Any person submitting information to NHTSA and requesting that the 
information be withheld from public disclosure as confidential business 
information shall submit the following:
    (a) The materials for which confidentiality is being requested, in 
conformance with Secs. 512.5, 512.6, and 512.7 of this part;
    (b) The Certificate, in the form set out in Appendix A to this 
part;
    (c) Supporting information, in conformance with Sec. 512.8; and
    (d) Any request for an extension of time, made in accordance with 
Sec. 512.11.


Sec. 512.5  How should I prepare documents when submitting a claim for 
confidentiality?

    (a) Any person submitting information to NHTSA and requesting that 
the information be withheld from public disclosure as confidential 
business information shall identify the information being claimed as 
confidential as follows:
    (1) The submitter shall stamp or mark the word ``confidential'' (or 
use some other legend that clearly indicates the presence of 
information claimed to be confidential) on the top of each page 
containing information claimed to be confidential. In addition, the 
submitter shall mark the first page of the submitted materials to 
clearly indicate that the document contains confidential information.
    (2) Entire page. If an entire page is claimed to be confidential, 
the submitter shall indicate clearly that the entire page is claimed to 
be confidential.
    (3) Specific information within a page. If the information for 
which confidentiality is being requested is contained within a page, 
the submitter shall enclose each item of information that is claimed to 
be confidential within brackets ``[ ].''
    (b) Any person submitting information to NHTSA and requesting that 
the information be treated confidentially, shall number each page of 
the materials individually or use some other method that will clearly 
identify and distinguish each page of information (such as by using a 
stamp that provides a unique number for each page).
    (c) It is requested that any information of a personal nature 
(names, addresses, phone numbers etc.) also be removed from the 
redacted version of the submitted materials.


Sec. 512.6  How many copies should I submit?

    (a) Except as provided in paragraph (b) of this section, any person 
submitting information to NHTSA and requesting that the information be 
withheld from public disclosure as confidential business information 
shall submit to NHTSA copies as follows:
    (1) One complete copy;
    (2) One redacted copy from which information claimed to be 
confidential has been removed;
    (3) If the information is being sent in connection with a 
proceeding for which there is an established public docket, then a 
second redacted copy shall be sent directly to the docket; and
    (4) One copy containing only the information claimed to be 
confidential, and any non-confidential information necessary to enable 
the agency to assess the submitter's claim for confidential treatment.
    (b) Any person submitting blueprints or engineering drawings need 
only provide the original version with their submission.


Sec. 512.7  Where should I send the information for which I am 
requesting confidentiality?

    (a) The submitter shall send the complete copy and one redacted 
copy to the NHTSA office that requested the information or, if the 
information was not requested, to the intended NHTSA recipient of the 
information.
    (b) The submitter shall send the copy containing only confidential 
information to the Office of Chief Counsel. This copy shall be 
accompanied by the certificate and the supporting information as 
required under Secs. 512.4(b) and (c) of this part. Any non-
confidential information that is necessary to enable the agency to 
assess the submitter's claim for confidential treatment should also be 
submitted to the Office of Chief Counsel.
    (c) If the submitter does not know where to send the information, 
all copies shall be sent to the Office of Chief Counsel, National 
Highway Traffic Safety Administration, Room 5219, 400 Seventh Street, 
SW., Washington, DC 20590. These copies shall be accompanied by the 
certificate and the supporting information, as required under 
Secs. 512.4(b) and (c) of this part.


Sec. 512.8  What supporting information should I submit with my 
request?

    Whenever requesting confidentiality, the submitter shall:
    (a) Describe the information for which confidentiality is being 
requested;

[[Page 21204]]

    (b) Identify the confidentiality standard(s) under which the 
confidentiality request should be evaluated, in accordance with 
Sec. 512.15;
    (c) Justify the basis for the claim of confidentiality under the 
confidentiality standard(s) identified pursuant to paragraph (b) of 
this section by describing:
    (1) Why the information qualifies as a trade secret, if the basis 
for confidentiality is that the information is a trade secret;
    (2) What the harmful effects of disclosure would be and why the 
effects should be viewed as substantial, if the claim for 
confidentiality is based upon substantial competitive harm;
    (3) What significant NHTSA interests will be impaired by disclosure 
of the information and why disclosure is likely to impair such 
interests, if the claim for confidentiality is based upon impairment to 
government interests; or
    (4) What measures have been taken by the submitter to ensure that 
the information is not customarily disclosed or otherwise made 
available to the public, if the basis for confidentiality is that the 
information is voluntarily submitted;
    (d) Indicate if any items of information fall within any of the 
class determinations included in Appendix B to this part; and
    (e) State the name, address, and telephone number of the person to 
whom NHTSA's response and any inquiries should be directed.

Subpart C--Additional Requirements


Sec. 512.9  What are the requirements if the information comes from a 
third party?

    Where confidentiality is claimed for information obtained by the 
submitter from a third party, such as a supplier, the submitter is 
responsible for obtaining from the third party the information that is 
necessary to comply with Sec. 512.4 of this part, including a 
certificate in the form set out in Appendix A to this part.


Sec. 512.10  Duty to amend.

    The submitter shall promptly amend any information provided under 
Sec. 512.4 of this part whenever the submitter knows or becomes aware 
that the information was incorrect at the time it was provided to 
NHTSA, or that the information, although correct when provided to 
NHTSA, is no longer correct.


Sec. 512.11  What if I need an extension of time?

    If a person is unable to submit the necessary information required 
under Sec. 512.4 at the time the claimed confidential information is 
submitted to NHTSA, then that person may request an extension of time. 
Any request for an extension shall explain the reason for the extension 
of time and the length of time requested. The Office of Chief Counsel 
will determine whether an extension of time should be granted as well 
as the length of any extension.


Sec. 512.12  What if I am submitting multiple items of information?

    Any certificate provided under Sec. 512.4(b) of this part, and any 
supporting information provided under Sec. 512.4(c) of this part, may 
be used to support a claim for confidential treatment of more than one 
item of information. However, general or nonspecific assertions or 
analysis may be insufficient to form an adequate basis for the agency 
to find that the information is entitled to confidential treatment, and 
may result in the denial of the claim.


Sec. 512.13  What are the consequences for noncompliance with this 
part?

    (a) Noncompliance with Sec. 512.10 may subject the submitter of 
information to civil penalties.
    (b) If the submitter fails to comply with Sec. 512.4 of this part 
at the time the information is submitted to NHTSA or does not request 
an extension of time under Sec. 512.11, the claim for confidentiality 
may be waived, unless the agency is notified or otherwise becomes aware 
of the claim before the information is disclosed to the public. If the 
information is placed in a public docket or file, such placement is 
disclosure to the public within the meaning of this part and may 
preclude any claim for confidential treatment. The Office of Chief 
Counsel may notify a submitter of information or, if applicable, a 
third party from whom the information was obtained, of inadequacies 
regarding a claim for confidential treatment and may allow the 
submitter or third party additional time to supplement the submission, 
but has no obligation to provide either notice or additional time.
    (c) If the submitter does not provide the certificate required 
under Sec. 512.4(b) of this part or any supporting information required 
under Sec. 512.4(c) of this part, or if the information is insufficient 
to establish that the information should be afforded confidential 
treatment under the confidentiality standards set out in Sec. 512.15 of 
this part, a request that such information be treated confidentially 
may be denied. The Office of Chief Counsel may notify a submitter of 
information of inadequacies in the supporting information and may allow 
the submitter additional time to supplement the showing, but has no 
obligation to provide either notice or additional time.

Subpart D--Agency Determination


Sec. 512.14  Who makes the confidentiality determination?

    The determination as to whether an item of information will be 
afforded confidential treatment under this part will be made by the 
Office of Chief Counsel.


Sec. 512.15  What confidentiality standards will the Office of Chief 
Counsel use to make confidentiality determinations?

    Information may be afforded confidential treatment if the Office of 
Chief Counsel determines that:
    (a) The information is a trade secret;
    (b) Public disclosure of the information would be likely to cause 
substantial harm to the competitive position of the submitter;
    (c) Public disclosure of the information would be likely to impair 
NHTSA's ability to obtain necessary information in the future;
    (d) The information was provided to NHTSA voluntarily and the 
information would customarily not be released to the public by the 
person from whom it was obtained; or
    (e) The information is otherwise entitled to protection, pursuant 
to 5 U.S.C. 552(b)(4) and the cases that have been decided thereunder.


Sec. 512.16  Class determinations.

    (a) The Office of Chief Counsel may issue a class determination 
relating to confidentiality under this section if the Office of Chief 
Counsel determines that one or more characteristics common to each item 
of information in that class, will, in most cases, necessarily result 
in identical treatment of each item of information under this part, and 
that it is appropriate to treat all such items as a class for one or 
more purposes under this part. Once a class determination is made, the 
Office of Chief Counsel will publish the new class determination in the 
Federal Register.
    (b) The Chief Counsel may amend, modify, or terminate any class 
determination established under this section. These changes will be 
published in the Federal Register.
    (c) Class determinations that have been made by the Chief Counsel 
are listed in Appendix B to this part.
    (d) A class determination may state that all of the information in 
the class:
    (1) Is or is not governed by a particular section of this part or 
by a particular set of substantive criteria;

[[Page 21205]]

    (2) Fails to satisfy the applicable substantive criteria and is 
therefore presumed not to cause competitive harm if released;
    (3) Satisfies the applicable substantive criteria and is therefore 
presumed to cause competitive harm if released; or
    (4) Satisfies the substantive criteria that competitive harm would 
result if released for a certain period of time, but thereafter would 
not.
    (e) Class determinations will have the effect of establishing 
rebuttable presumptions and do not conclusively determine any of the 
factors set out in paragraph (d) of this section.


Sec. 512.17  How long should it take to determine whether information 
is entitled to confidential treatment?

    (a) When information claimed to be confidential is requested under 
the Freedom of Information Act, the determination will be made within 
twenty (20) working days after NHTSA receives such a request or within 
thirty (30) working days in unusual circumstances as provided under 5 
U.S.C. 552(a)(6)(A). However, these time periods may be extended by the 
Office of Chief Counsel for good cause shown on the Office of Chief 
Counsel's own motion or on request from any person. An extension will 
be made only in accordance with 5 U.S.C. 552(a)(6)(A), and will be 
accompanied by a written statement setting out the reasons for the 
extension.
    (b) When information claimed to be confidential is not requested 
under the Freedom of Information Act, the determination of 
confidentiality will be made within a reasonable period of time, at the 
discretion of the Office of Chief Counsel.


Sec. 512.18  How will I be notified of the confidentiality 
determination?

    (a) If a request for confidential treatment is granted, the 
submitter of the information will be notified in writing of the 
determination and of any appropriate limitations.
    (b) If a request for confidential treatment is denied in whole or 
in part, the submitter of the information will be notified in writing 
of the determination, and the reasons for the denial, and will be 
informed that the information will be made available to the public not 
less than ten (10) working days after the submitter of the information 
has received notice of the denial. The information may be released 
publicly on an earlier date, if the Office of Chief Counsel determines 
in writing that the public interest requires that the information be 
made available to the public on such date.


Sec. 512.19  If I disagree with a determination made by the Office of 
Chief Counsel under this part, what can I do?

    (a) A submitter of information whose request for confidential 
treatment is denied in whole or in part, may petition for 
reconsideration of that decision. Petitions for reconsideration shall 
be addressed to and received by the Office of Chief Counsel prior to 
the date on which the information would otherwise be made available to 
the public. The determination by the Office of Chief Counsel upon such 
petition for reconsideration shall be administratively final.
    (b) If a person is unable to submit a petition for reconsideration 
by the date on which the information otherwise would be made available 
to the public, that person may submit a request for an extension of 
time. Any request for an extension of time under this paragraph must be 
received by the Office of Chief Counsel before the date on which the 
information would be made available to the public, and the request must 
be accompanied by an explanation describing the reason for the request 
and the length of time requested. The Office of Chief Counsel will 
determine whether to grant or deny the extension and the length of the 
extension.
    (c) If a petition for reconsideration is granted, the petitioner 
will be notified in writing of the determination and of any appropriate 
limitations.
    (d) If a petition for reconsideration is denied in whole or in 
part, or if a request for an extension is denied, the petitioner will 
be notified in writing of the denial, and the reasons for the denial, 
and will be informed that the information will be made available to the 
public not less than ten (10) working days after the petitioner has 
received notice of the denial. The information may be released publicly 
on an earlier date, if the Office of Chief Counsel determines in 
writing that the public interest requires that the information be made 
available to the public on such date.

Subpart E--Agency Treatment of Information Claimed to be 
Confidential


Sec. 512.20  How does the agency treat information submitted pursuant 
to this part before a confidentiality determination is made?

    (a) Information received by NHTSA, for which a properly filed 
confidentiality request is submitted, will be kept confidential until 
the Office of Chief Counsel makes a determination regarding its 
confidentiality. Such information will not be disclosed publicly, 
except in accordance with this part.
    (b) Redacted copies of documents submitted to NHTSA under this part 
will be disclosed to the public.


Sec. 512.21  How is information submitted pursuant to this part treated 
once a confidentiality determination is made?

    (a) Once the Office of Chief Counsel makes a determination 
regarding the confidentiality of the submitted information, all 
materials determined not to be entitled to confidential protection will 
be disclosed to the public in accordance with the determination, unless 
a timely petition for reconsideration is received by the agency.
    (b) Upon receipt of a timely petition for reconsideration under 
Sec. 512.19 of this part, the submitted information will remain 
confidential, pending a determination regarding the petition. Once the 
Office of Chief Counsel makes a determination regarding the petition 
for reconsideration, all materials determined not to be entitled to 
confidential protection will be disclosed to the public, in accordance 
with that determination.


Sec. 512.22  Under what circumstances may NHTSA modify a grant of 
confidentiality?

    (a) NHTSA may modify a grant of confidentiality based upon:
    (1) Newly discovered or changed facts;
    (2) A change in the applicable law;
    (3) A change in class determination, pursuant to Sec. 512.16;
    (4) The passage of time; or
    (5) A finding that the prior determination is erroneous.
    (b) If NHTSA believes that an earlier determination of 
confidentiality should be modified based on one or more of the factors 
listed in paragraph (a) of this section, the submitter of the 
information will be notified in writing that NHTSA has modified its 
earlier determination and of the reasons for the modification, and will 
be informed that the information will be made available to the public 
in not less that ten (10) working days from the date of receipt of the 
notice of modification. The submitter may seek reconsideration of the 
modification, pursuant to Sec. 512.19.


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

[[Page 21206]]

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. 30101 et seq.), relating to the 
establishment, amendment, or modification of Federal motor vehicle 
safety standards (FMVSS), may be disclosed when relevant to a 
proceeding under the chapter.
    (3) Except as specified in the next sentence, information obtain 
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 
that is required to be disclosed under 30118(a) of title 49, except as 
provided in paragraph (a)(4) of this section. Early warning information 
collected pursuant to regulations promulgated under section 30166(m) of 
title 49 (which was added by section 3(b) of the Transportation Recall 
Enhancement, Accountability, and Documentation (TREAD) Act) shall not 
be disclosed under this section, unless the Administrator determines 
the disclosure of the information will assist in carrying out sections 
30177(b) and 30118 through 30121 of title 49.
    (b) 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 ten (10) 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 cause the least 
possible adverse effects to the submitter.
    (c) 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 with valid 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--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) and I am authorized by 
(company) to execute documents on behalf of (company);
    (2) 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 
statue 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) I have personally inquired of 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 such inquiries, 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) There have been no prior determinations by NHTSA, other 
Federal agencies, or Federal courts relating to the confidentiality 
of the submitted information; (except as hereinafter specified):
    (7) 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
    (8) 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--Class Determinations

    (a) The Office of Chief Counsel has determined presumptively 
that the following classes of information would cause competitive 
harm if released:
    (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);
    (b) The Office of Chief Counsel has determined presumptively 
that the following classes of information would not cause 
competitive harm if released:
    (1) Consumer complaints and related documents required to be 
submitted to the agency;
    (2) Reports and data required to be submitted to the agency 
related to property damage claims;
    (3) Reports and data required to be submitted to the agency 
related to warranty claims; and
    (4) Test procedures used to certify compliance with applicable 
Federal motor vehicle safety standards (FMVSS) and the results of 
such testing.

Appendix C--OMB Clearance

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

National Highway Traffic Safety Administration.

    Issued on: April 19, 2002.
Jeffrey W. Runge,
Administrator.

[FR Doc. 02-10181 Filed 4-29-02; 8:45 am]
BILLING CODE 4910-59-P