[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: 49CFR512.3]

[Page 61]
 
                        TITLE 49--TRANSPORTATION
 
                   CHAPTER V--NATIONAL HIGHWAY TRAFFIC
                    SAFETY ADMINISTRATION, DEPARTMENT
                            OF TRANSPORTATION
 
PART 512_CONFIDENTIAL BUSINESS INFORMATION--Table of Contents
 
                      Subpart A_General Provisions
 
Sec.  512.3  Definitions.

    Whenever used in this part:
    (a) Administrator means the Administrator of the National Highway 
Traffic Safety Administration.
    (b) Chief Counsel means the Chief Counsel of the National Highway 
Traffic Safety Administration.
    (c) Confidential business information means trade secrets or 
commercial or financial information that is privileged or confidential, 
as described in 5 U.S.C. 552(b)(4).
    (1) A trade secret is a secret, commercially valuable plan, formula, 
process, or device that is used for the making, preparing, compounding, 
or processing of trade commodities and that can be said to be the end 
product of either innovation or substantial effort.
    (2) Commercial or financial information is considered confidential 
if it has not been publicly disclosed and:
    (i) If the information was required to be submitted and its release 
is likely to impair the Government's ability to obtain necessary 
information in the future, or is likely to cause substantial harm to the 
competitive position of the person from whom the information was 
obtained; or
    (ii) if the information was voluntarily submitted and is the kind of 
information that is customarily not released to the public by the person 
from whom it was obtained.
    (d) NHTSA means the National Highway Traffic Safety Administration.
    (e) ``Substantial competitive harm'' includes ``significant 
competitive damage'' under Chapter 329 of Title 49 of the United States 
Code, Automobile Fuel Economy, 49 U.S.C. 32910(c).

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