[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: 49CFR512.10]

[Page 66-67]
 
                        TITLE 49--TRANSPORTATION
 
                            OF TRANSPORTATION
 
PART 512--CONFIDENTIAL BUSINESS INFORMATION--Table of Contents
 
Sec. 512.10  Class determinations.

    (a) The Chief Counsel may issue a class determination relating to 
confidentiality under this section if the 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. The Chief Counsel obtains the concurrence of the Office of the 
General Counsel, United States Department of Transportation, for any 
class determination that has the effect of raising the presumption that 
all information in that class is eligible for confidential treatment. 
Class determinations are published in the Federal Register.
    (b) A class determination clearly identifies the class of 
information to which it pertains.
    (c) 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 under this part,
    (2) Fails to satisfy one or more of the applicable substantive 
criteria, and is therefore ineligible for confidential treatment,
    (3) Satisfies one or more of the applicable substantive criteria, 
and is therefore eligible for confidential treatment, or,
    (4) Satisfies one of the substantive criteria during a certain 
period of time, but will be ineligible for confidential treatment 
thereafter.
    (d) Class determinations will have the effect of establishing 
rebuttable presumptions, and do not conclusively determine any of the 
factors set out in paragraph (c) of this section.

     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 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. 
Sec. 522(b)(4) (as incorporated by reference in and modified by the 
statute under which the information is being submitted.)
    (3) 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).
    (4) 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:
    (5) I make no representations beyond those contained in this 
certificate and in particular, I make no representations as to

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whether this information may become available outside (company) because 
of unauthorized or inadvertent disclosure except as stated in Paragraph 
4; and
    (6) I certify under penalty of perjury that the foregoing is true 
and correct. Executed on this the ----------. (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)/EXTRACT

              Appendix B to Part 512--Class Determinations

    The Administration 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 of 
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);
    (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).

                  Appendix C to Part 512--OMB Clearance

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