[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR2.311]

[Page 67-68]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 2_PUBLIC INFORMATION--Table of Contents
 
            Subpart B_Confidentiality of Business Information
 
Sec. 2.311  Special rules governing certain information obtained under 
the Motor Vehicle Information and Cost Savings Act.

    (a) Definitions. For the purposes of this section:
    (1) Act means the Motor Vehicle Information and Cost Savings Act, as 
amended, 15 U.S.C. 1901 et seq.
    (2) Average fuel economy has the meaning given it in section 501(4) 
of the Act, 15 U.S.C. 2001(4).
    (3) Fuel economy has the meaning given it in section 501(6) of the 
Act, 15 U.S.C. 2001(6).
    (4) Fuel economy data means any measurement or calculation of fuel 
economy for any model type and average fuel economy of a manufacturer 
under section 503(d) of the Act, 15 U.S.C. 2003(d).
    (5) Manufacturer has the meaning given it in section 501(9) of the 
Act, 15 U.S.C. 2001(9).
    (6) Model type has the meaning given it in section 501(11) of the 
Act, 15 U.S.C. 2001(11).
    (b) Applicability. This section applies only to information provided 
to or obtained by EPA under Title V, Part A of the Act, 15 U.S.C. 2001 
through 2012. Information will be considered to have been provided or 
obtained under Title V, Part A of the Act if it was provided in response 
to a request from EPA made for any purpose stated in Title V, Part A, or 
if its submission could have been required under Title V Part A, 
regardless of whether Title V Part A was cited as the authority for any 
request for information or whether the information was provided directly 
to EPA or through some third person.
    (c) Basic rules which apply without change. Sections 2.201 through 
2.207 and Sec. Sec. 2.209 through 2.215 apply without change to 
information to which this section applies.
    (d) [Reserved]

[[Page 68]]

    (e) Substantive criteria for use in confidentiality determinations. 
Section 2.208 applies without change to information to which this 
section applies, except that information this is fuel economy data is 
not eligible for confidential treatment. No information to which this 
section applies is voluntarily submitted information.
    (f) [Reserved]
    (g) Disclosure of information relevant to a proceeding. (1) Under 
section 505(d)(1) of the Act, any information to which this section 
applies may be released by EPA because of the relevance of the 
information to a proceeding under Title V, Part A of the Act, 
notwithstanding the fact that the information otherwise might be 
entitled to confidential treatment under this subpart. Release of 
information to which this section applies because of its relevance to a 
proceeding shall be made only in accordance with this paragraph (g).
    (2) The provisions of Sec. 2.301(g)(2) are to be used as paragraph 
(g)(2) of this section.
    (3) The provisions of Sec. 2.301(g)(3) are to be used as paragraph 
(g)(3) of this section.
    (4) The provisions of Sec. 2.301(g)(4) are to be used as paragraph 
(g)(3) of this section.

[50 FR 51663, Dec. 18, 1985]