[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: 49CFR511.45]

[Page 52-53]
 
                        TITLE 49--TRANSPORTATION
 
                            OF TRANSPORTATION
 
PART 511--ADJUDICATIVE PROCEDURES--Table of Contents
 
                           Subpart E--Hearings
 
Sec. 511.45  In camera materials.

    (a) Definition. In camera materials are documents, testimony, or 
other data which by order of the Presiding Officer or the Administrator, 
as appropriate under this part, are kept confidential and excluded from 
the public record. Only materials exempt under the Freedom of 
Information Act may be kept confidential and excluded from the public 
record. Pursuant to 49 CFR part 512, the Chief Counsel of the NHTSA is 
responsible for determining whether an alleged confidential business 
record is exempt from the Freedom of Information Act. The right of the 
Presiding Officer, the Administrator and reviewing courts to order 
disclosure of in camera materials is specifically reserved.
    (b) In camera treatment of documents and testimony. The Presiding 
Officer or the Administrator, as appropriate under this part, shall have 
authority, when good cause is found on the record, to order documents or 
testimony offered in evidence, whether admitted or rejected, to be 
received and preserved in camera. The order shall specify the length of 
time for in camera treatment and shall include:
    (1) A description of the documents and/or testimony;
    (2) The reasons for granting in camera treatment for the specified 
length of time.
    (c) Access and disclosure to parties. (1) The Administrator and 
Presiding Officer, and their immediate advisory staffs shall have 
complete access to all in camera materials. All other parties shall also 
have complete access to all in camera materials, except that these 
parties may seek access only in accordance with paragraph (c)(2) of this 
section when:
    (i) The in camera materials consist of information obtained by the 
government from persons not parties to the proceeding; or
    (ii) The in camera materials consist of information provided by one 
of the parties to the proceeding which is confidential as to the other 
parties to the proceeding.
    (2) Any party desiring access to and/or disclosure of the in camera 
materials specified in paragraph (c)(1) (i) and (ii) of this section for 
the preparation and presentation of that party's case shall make a 
motion which sets forth the justification therefor. The Presiding 
Officer or the Administrator, as appropriate under this part, may grant 
such motion on the record for substantial good cause shown and shall 
enter a protective order prohibiting unnecessary disclosure and 
requiring other necessary safeguards. The Presiding Officer or the 
Administrator, as appropriate, may examine the in camera materials and 
excise portions thereof before disclosing the materials to the moving 
party.
    (d) Segregation of in camera materials. In camera materials shall be 
segregated from the public record and protected from public view.
    (e) Public release of in camera materials. In camera materials 
constitute a part of the confidential records of the NHTSA and shall not 
be released to the public until the expiration of in camera treatment.
    (f) Reference to in camera materials. In the submission of proposed 
findings, conclusions, briefs, or other documents, all parties shall 
refrain from disclosing specific details of in camera materials. Such 
refraining shall not preclude general references to such materials. To 
the extent that parties consider it necessary to include specific 
details of in camera materials, the references shall be incorporated 
into separate proposed findings, briefs, or other documents marked 
``CONFIDENTIAL, CONTAINS IN CAMERA MATERIAL,'' which shall be placed in 
camera and become part of the in camera record. These documents shall be 
served only on parties accorded access to the in

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camera materials in accordance with paragraph (c)(2) of this section.