[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: 49CFR512.9]

[Page 65-66]
 
                        TITLE 49--TRANSPORTATION
 
                            OF TRANSPORTATION
 
PART 512--CONFIDENTIAL BUSINESS INFORMATION--Table of Contents
 
Sec. 512.9  Release of confidential business information.

    (a) Information that has been claimed or determined to be 
confidential business information under Secs. 512.4, 512.6 or 512.7 may 
be disclosed to the public by the Administrator notwithstanding such 
determination or claim if disclosure would be in the public interest as 
follows:
    (1) Information obtained under Part A, Subchapter I of the National 
Traffic and Motor Vehicle Safety Act, relating to the establishment, 
amendment, or modification of Federal motor vehicle safety standards, 
may be disclosed when relevant to a proceeding under the part.
    (2) Information obtained under Part B, Subchapter I of the National 
Traffic and Motor Vehicle Safety Act, relating to motor vehicle safety 
defects, and failures to comply with applicable motor vehicle safety 
standards, may be disclosed if the Administrator determines that 
disclosure is necessary to carry out the purposes of the Act.
    (3) Information obtained under title I, V or VI of the Motor Vehicle 
Information and Cost Savings Act may be disclosed when that information 
is relevant to a proceeding under the title under which the information 
was obtained.
    (b) No information is disclosed under 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 is normally given at least ten working days before the 
day of release, although the Administrator may provide shorter notice if 
the Administrator finds that such shorter notice is in the public 
interest. The notice under this paragraph includes a statement of the 
Administrator's reasons for determining to disclose the information, and 
affords the submitter of the information an opportunity to comment on 
the contemplated release of information. The Administrator may

[[Page 66]]

also give notice of the contemplated release of information to other 
persons, and may allow these persons the opportunity to comment. When a 
decision is made to release information pursuant to this section, the 
Administrator will consider ways to make the release with the least 
possible adverse effects to the submitter.
    (c) Notwithstanding any other provision of this part, information 
which has been determined or claimed to be confidential business 
information, may be released:
    (1) To Congress;
    (2) Pursuant to an order of a court with valid jurisdiction;
    (3) To the Office of the Secretary, United States 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;
    (5) To contractors, if necessary for the performance of a contract 
with the Administration. In such instances, the contract limits further 
release of the information to named employees of the contractor with a 
need to know and provides that unauthorized release constitutes a breach 
of the contract for which the contractor may be liable to third parties.