[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: 49CFR512.6]

[Page 64]
 
                        TITLE 49--TRANSPORTATION
 
                            OF TRANSPORTATION
 
PART 512--CONFIDENTIAL BUSINESS INFORMATION--Table of Contents
 
Sec. 512.6  Determination of confidential treatment.

    (a) The decision as to whether an item of information shall be 
afforded confidential treatment under this part is made by the Office of 
Chief Counsel.
    (b) Copies of documents submitted to NHTSA under Sec. 512.4(a)(5), 
from which information claimed to be confidential or privileged has been 
deleted, are placed in the public file or docket pending the resolution 
of the claim for confidential treatment.
    (c) When information claimed to be confidential or privileged is 
requested under the Freedom of Information Act, the determination of 
confidentiality is made within ten working days after NHTSA receives 
such a request, or within twenty working days in unusual circumstances 
as provided under 5 U.S.C. 552(a)(6).
    (d) For information not requested pursuant to the Freedom of 
Information Act, the determination of confidentiality is made within a 
reasonable period of time at the discretion of the Chief Counsel.
    (e) The time periods prescribed in paragraph (c) of this section may 
be extended by the Chief Counsel for good cause shown on the Chief 
Counsel's own motion, or on request from any person. An extension is 
made only in accordance with 5 U.S.C. 552, and is accompanied by a 
written statement setting out the reasons for the extension.
    (f) If the Chief Counsel believes that information which a submitter 
of information asserts to be within a class of information set out in 
appendix B is not within that class, the Chief Counsel:
    (1) Notifies the submitter of the information that the information 
does not fall within the class as claimed, and briefly explains why the 
information does not fall within the class; and
    (2) Renders a determination of confidentiality in accordance with 
paragraph (g) of this section.
    (g) A person submitting information to NHTSA with a request that the 
information be withheld from public disclosure as confidential or 
privileged business information is given notice of the Chief Counsel's 
determination regarding the request as soon as the determination is 
made.
    (1) If a request for confidentiality is granted, the submitter of 
the information is notified in writing of that determination and of any 
appropriate limitations.
    (2) If a request for confidentiality is denied in whole or in part, 
the submitter of the information is notified in writing of that 
decision, and is informed that the information will be made available to 
the public not less than ten working days after the submitter of the 
information has received notice of the denial of the request for 
confidential treatment, if practicable, or some earlier date if the 
Chief Counsel determines in writing that the public interest requires 
that the information be made available to the public on such earlier 
date. The written notification of a denial specifies the reasons for 
denying the request.
    (h) There will be no release of information processed pursuant to 
this section until the Chief Counsel advises the appropriate office(s) 
of NHTSA that the confidentiality decision is final according to this 
section, Sec. 512.7 or Sec. 512.9.