[Code of Federal Regulations]
[Title 49, Volume 6]
[Revised as of October 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR510.3]

[Page 29-30]
 
                        TITLE 49--TRANSPORTATION
 
                   CHAPTER V--NATIONAL HIGHWAY TRAFFIC
                    SAFETY ADMINISTRATION, DEPARTMENT
                            OF TRANSPORTATION
 
PART 510_INFORMATION GATHERING POWERS--Table of Contents
 
Sec.  510.3  Compulsory process, the service thereof, claims for confidential treatment, and terms of compliance.

    (a) NHTSA may use any of the following means to conduct 
investigations, inspections, or inquiries to obtain information to carry 
out its functions under the National Traffic and Motor Vehicle Safety 
Act of 1966, as amended, 15 U.S.C. 1381 et seq., and the Motor Vehicle 
Information and Cost Savings Act, as amended, 15 U.S.C. 1901 et seq.:
    (1) Subpoenas;
    (2) Information gathering hearings;
    (3) Administrative depositions;
    (4) General or special orders; and
    (5) Written requests for the production of documents and things.
    (b) A person, sole proprietorship, partnership, corporation, or 
other entity served with compulsory process under this part shall be 
provided with the following information at the time of the service:
    (1) The name of the person, sole proprietorship, partnership, 
corporation, or other entity to which the process is addressed;
    (2) The statutory provision under which the compulsory process is 
issued;
    (3) The date, time, and place of return;
    (4) A brief statement of the subject matter of the investigation, 
inspection, or inquiry; and
    (5) In the case of a subpoena duces tecum or a written request for 
the production of documents and things, a reasonably specific 
description of the documents or things to be produced.
    (c) Service of the compulsory processes specified in paragraph (a) 
of this section is effected:
    (1) By personal service upon the person, agent-in-charge, or agent 
designated to receive process under 15 U.S.C. 1399(e) of the sole 
proprietorship, partnership, corporation or other entity being 
investigated, inspected, or inquired of; or
    (2) By mail (registered or certified) or delivery to the last known 
residence or business address of such person or agent.
    (d) The date of service of any compulsory process specified in 
paragraph (a) of this section is the date on which the process is mailed 
by the agency, or delivered in person, as the case may be. Whenever a 
period is prescribed for compliance with compulsory process, and the 
process is served upon the party by mail, 3 days are added to the 
period.
    (e)(1) Any person, sole proprietorship, partnership, corporation, or 
other entity submitting information or producing documents or things in 
response to any compulsory process issued under this part may request 
confidential

[[Page 30]]

treatment for all or part of that information or for those documents or 
things.
    (2)(i) Except as provided in paragraph (e)(2)(ii) of this section, 
requests for confidentiality shall be in writing, and addressed to the 
Chief Counsel.
    (ii) Requests for confidentiality made during an information 
gathering hearing or an administrative deposition may be made orally to 
the presiding officer. Any oral request for confidentiality shall be 
supplemented by a written request, and this written request must be 
addressed to the Chief Counsel and received by NHTSA within five days of 
the date of the oral request.
    (iii) A written request for confidentiality under paragraph (e) of 
this section shall specify the information, documents, or things which 
are to be kept confidential, specify the grounds upon which the claim is 
based, provide such information as may be necessary to permit the NHTSA 
to determine whether the claim is valid, and specify the period of time 
for which confidential treatment is requested.
    (f) The Chief Counsel, or his or her delegate, is authorized to 
negotiate and approve the terms of satisfactory compliance with any 
compulsory process issued under this part.