[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR510.5]

[Page 30-31]
 
                        TITLE 49--TRANSPORTATION
 
                            OF TRANSPORTATION
 
PART 510--INFORMATION GATHERING POWERS--Table of Contents
 
Sec. 510.5  Information gathering hearings.

    (a) NHTSA may issue a subpoena to compel any person, sole 
proprietorship, partnership, corporation, or other entity to provide 
information at an information gathering hearing. The subpoenas are used 
for the purpose of obtaining testimony from a witness under oath and 
obtaining relevant documents and things. The Administrator, or a NHTSA 
employee designated by the Administrator, presides at the hearing. 
Information gathering hearings are open to the public unless the 
presiding officer rules otherwise, and

[[Page 31]]

the hearings are stenographically reported.
    (b) In addition to the presiding officer, one or more other persons 
may comprise the panel. Each member of the panel may question any 
witness at the hearing. No person who is not a member of the panel may 
ask questions of a witness. However, any person may submit to the panel, 
in writing, proposed questions to be asked of a witness. A member of the 
panel may pose these questions to the witness if that member deems the 
questions useful and appropriate. Proposed questions may be submitted to 
the panel at any time before or during the course of the hearing.
    (c) The stenographic record of each witness's testimony will be 
available to the public, unless the testimony was not given publicly and 
the witness requests confidential treatment for some or all of his or 
her testimony. When an oral request for confidential treatment is made 
during the course of a witness's testimony, the presiding officer may 
order the hearing closed to the public at that point and continue the 
questioning of the witness, or may note the request for confidentiality 
and direct the witness not to answer the question at that time, but 
require the witness to answer the question in writing within some 
specified period, or take such other action as the presiding officer 
deems appropriate. If a request for confidential treatment is made, the 
release of the record is governed by the applicable laws or regulations 
relating to the handling of allegedly confidential information. To the 
extent that some or all of a witness's testimony is not publicly 
available, that witness may procure a copy of his or her testimony as 
recorded upon payment of lawfully prescribed costs.
    (d)(1) Any person who is required by subpoena or designated by an 
entity that is required by subpoena to provide information at an 
information gathering hearing conducted under this section may be 
accompanied, represented, and advised by counsel. Any member of the bar 
of a Federal court or the courts of any State or Territory of the United 
States, the Commonwealth of Puerto Rico, or the District of Columbia, 
and any representative, official, or employee of the sole 
proprietorship, partnership, corporation or other entity under subpoena 
may act as counsel.
    (2) A witness appearing in response to subpoena may confer in 
confidence with his or her counsel or representative concerning any 
questions asked of the witness. If such witness, counsel, or 
representative objects to a question, he or she shall state the 
objection and basis therefor on the record.
    (e) The presiding officer at an information gathering hearing takes 
all necessary action to regulate the course of the hearing, to avoid 
delay, and to assure that reasonable standards of orderly and ethical 
conduct are maintained. In any case in which counsel for or a 
representative of a witness has refused to comply with the presiding 
officer's directions, or to adhere to reasonable standards of orderly 
and ethical conduct in the course of a hearing, the presiding officer 
states on the record the reasons given, if any, for the refusal and, if 
the presiding officer is someone other than the Administrator, 
immediately reports the refusal to the Administrator. The Administrator 
thereupon takes such action as the circumstances warrant.
    (f) Where appropriate, the procedures established in this subsection 
may be utilized in informal hearings conducted by NHTSA pursuant to its 
authority under sections 152 and 156 of the Safety Act (15 U.S.C. 1412, 
1416) to receive data, views and arguments concerning alleged safety-
related defects. The rights accorded to witnesses in this subsection may 
also be accorded to witnesses who appear voluntarily at such hearings.