DOT 49 CFR PART 512-2010 CONFIDENTIAL BUSINESS INFORMATION.pdf

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1、58 49 CFR Ch. V (10110 Edition) Pt. 512 4.1 The following exhibits were offered by the respondent(s), received in evidence, and marked as herein indicated: Identification number and brief description of each exhibit The authenticity of these exhibits has been stipulated. 4.2 The following exhibits w

2、ere offered by the respondent(s) and marked for identifica-tion. There was reserved to Complaint Coun-sel and party intervenors, if any, the right to object to their receipt in evidence on the grounds stated: Identification number and brief description of each exhibit. State briefly ground of ob-jec

3、tion, e.g., competency, relevancy, mate-riality 5. ADDITIONAL ACTIONS. The following additional action was taken: Amendments to pleadings, agreements of the parties, disposition of motions, separa-tion of issues of liability and remedy, etc., if necessary 6. LIMITATIONS AND RESERVATIONS. 6.1 Each of

4、 the parties has the right to further supplement the list of witnesses not later than ten (10) days prior to trial by fur-nishing opposing counsel with the name and address of the witness and general subject matter of his or her testimony and filing a supplement to this pretrial order. Thereafter ad

5、ditional witnesses may be added only after application to the Presiding Officer, for good cause shown. 6.2 Rebuttal witnesses not listed in the exhibits to this order may be called only if the necessity of their testimony could not reasonably be foreseen ten (10) days prior to trial. If it appears t

6、o counsel at any time be-fore trial that such rebuttal witnesses will be called, notice will immediately be given to opposing counsel and the Presiding Offi-cer. 6.3 The probable length of hearing is llll days. The hearings will be com-menced on the ll day of lllll, 19ll, at ll oclock l M. at (locat

7、ion) lllll. 6.4 Prehearing briefs will be filed not later than 5:00 p.m. on llll. (Insert date not later than ten (10) days prior to hearing.) All anticipated legal questions, including those relating to the admissibility of evi-dence, must be covered by prehearing briefs. This prehearing order has

8、been formulated after a conference at which counsel for the respective parties appeared. Reasonable op-portunity has been afforded counsel for cor-rections or additions prior to signing. It will control the course of the hearing, and it may not be amended except by consent of the par-ties and the Pr

9、esiding Officer, or by order of the Presiding Officer to prevent manifest in-justice. llllllllllllllllllllllll(Presiding Officers Name) (Presiding Officers Title) APPROVED AS TO FORM AND SUB-STANCE Date: lllll. llllllllllllllllllllllllComplaint Counsel. llllllllllllllllllllllllAttorney for Responden

10、t(s). NOTE: Where intervenors appear pursuant to 511.17 the prehearing order may be suit-ably modified; the initial page may be modi-fied to reflect the intervention. PART 512CONFIDENTIAL BUSINESS INFORMATION Subpart AGeneral Provisions Sec. 512.1 Purpose and scope. 512.2 Applicability. 512.3 Defini

11、tions. Subpart BSubmission Requirements 512.4 When requesting confidentiality, what should I submit? 512.5 How many copies should I submit? 512.6 How should I prepare documents when submitting a claim for confidentiality? 512.7 Where should I send the information for which I am requesting confiden-t

12、iality? 512.8 What supporting information should I submit with my request? Subpart CAdditional Requirements 512.9 What are the requirements if the in-formation comes from a third party? 512.10 Duty to amend. 512.11 What if I need an extension of time? 512.12 What if I am submitting multiple items of

13、 information? 512.13 What are the consequences for non-compliance with this part? Subpart DAgency Determination 512.14 Who makes the confidentiality deter-mination? 512.15 How will confidentiality determina-tions be made? 512.16 Class determinations. 512.17 How long should it take to determine wheth

14、er information is entitled to con-fidential treatment? 512.18 How will I be notified of the confiden-tiality determination? 512.19 What can I do if I disagree with the determination? VerDate Mar2010 14:39 Dec 20, 2010 Jkt 220217 PO 00000 Frm 00068 Fmt 8010 Sfmt 8010 Y:SGML220217.XXX 220217jdjones on

15、 DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-59 Natl Highway Traffic Safety Admin., DOT 512.3 Subpart EAgency Treatment of Information Claimed To Be Confidential 512.20 How does the agency treat informa-tion submitted pursu

16、ant to this part be-fore a confidentiality determination is made? 512.21 How is information submitted pursu-ant to this part treated once a confiden-tiality determination is made? 512.22 Under what circumstances may NHTSA modify a grant of confiden-tiality? 512.23 Under what circumstances may NHTSA

17、publicly release confidential in-formation? APPENDIX A TO PART 512CERTIFICATE IN SUPPORT OF REQUEST FOR CONFIDEN-TIALITY APPENDIX B TO PART 512GENERAL CLASS DETERMINATIONS APPENDIX C TO PART 512EARLY WARNING REPORTING CLASS DETERMINATIONS APPENDIX D TO PART 512VEHICLE IDENTI-FICATION NUMBER INFORMAT

18、ION APPENDIX E TO PART 512CONSUMER ASSIST-ANCE TO RECYCLE AND SAVE (CARS) CLASS DETERMINATIONS APPENDIX F TO PART 512OMB CLEARANCE AUTHORITY: 49 U.S.C. 322; 5 U.S.C. 552; 49 U.S.C. 30166; 49 U.S.C. 30167; 49 U.S.C. 32307; 49 U.S.C. 32505; 49 U.S.C. 32708; 49 U.S.C. 32910; 49 U.S.C. 33116; delegation

19、 of authority at 49 CFR 1.50. SOURCE: 68 FR 44228, July 28, 2003, unless otherwise noted. Subpart AGeneral Provisions 512.1 Purpose and scope. The purpose of this part is to estab-lish the procedures and standards by which NHTSA will consider claims that information submitted to the agency is entitl

20、ed to confidential treatment under 5 U.S.C. 552(b), most often be-cause it constitutes confidential busi-ness information as described in 5 U.S.C. 552(b)(4), and to address the treatment of information determined to be entitled to confidential treat-ment. 512.2 Applicability. (a) This part applies t

21、o all informa-tion submitted to NHTSA, except as provided in paragraph (b) of this sec-tion, for which a determination is sought that the material is entitled to confidential treatment under 5 U.S.C. 552(b), most often because it con-stitutes confidential business informa-tion as described in 5 U.S.

22、C. 552(b)(4), and should be withheld from public dis-closure. (b) Information received as part of the procurement process is subject to the Federal Acquisition Regulation, 48 CFR Chapter 1, as well as this part. In any case of conflict between the Fed-eral Acquisition Regulation and this part, the p

23、rovisions of the Federal Ac-quisition Regulation prevail. 512.3 Definitions. Whenever used in this part: (a) Administrator means the Adminis-trator of the National Highway Traffic Safety Administration. (b) Chief Counsel means the Chief Counsel of the National Highway Traf-fic Safety Administration.

24、 (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, commer-cially valuable plan, formula, process, or device that is used for the making, preparing, c

25、ompounding, or processing of trade commodities and that can be said to be the end product of either in-novation or substantial effort. (2) Commercial or financial informa-tion is considered confidential if it has not been publicly disclosed and: (i) If the information was required to be submitted an

26、d its release is likely to impair the Governments ability to ob-tain necessary information in the fu-ture, 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 volun-tarily submitted and is the kind of

27、 in-formation that is customarily not re-leased to the public by the person from whom it was obtained. (d) NHTSA means the National High-way Traffic Safety Administration. (e) Substantial competitive harm in-cludes significant competitive damage under Chapter 329 of Title 49 of the United States Cod

28、e, Automobile Fuel Economy, 49 U.S.C. 32910(c). VerDate Mar2010 14:39 Dec 20, 2010 Jkt 220217 PO 00000 Frm 00069 Fmt 8010 Sfmt 8010 Y:SGML220217.XXX 220217jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-60 49 CFR Ch.

29、 V (10110 Edition) 512.4 Subpart BSubmission Requirements 512.4 When requesting confiden-tiality, what should I submit? Any person submitting information to NHTSA, other than information in a class identified in appendix C of this Part, and requesting that the informa-tion be withheld from public di

30、sclosure pursuant to 5 U.S.C. 552(b) shall submit the following: (a) The materials for which confiden-tiality is being requested, in conform-ance with 512.5, 512.6, and 512.7 of this part; (b) The Certificate, in the form set out in appendix A to this part; (c) Supporting information, in con-formanc

31、e with 512.8; and (d) Any request for an extension of time, made in accordance with 512.11. 512.5 How many copies should I sub-mit? (a) Except as provided for in sub-section (c), a person must send the fol-lowing in hard copy or electronic for-mat to the Chief Counsel when making a claim for confide

32、ntial treatment cov-ering submitted material: (1) A complete copy of the submis-sion, and (2) A copy of the submission con-taining only the portions for which no claim of confidential treatment is made and from which those portions for which confidential treatment is claimed has been redacted, and (

33、3) Either a second complete copy of the submission or, alternatively, those portions of the submission containing the material for which confidential treatment is claimed and any addi-tional information the submitter deems important to the Chief Counsels consideration of the claim. (4) If submitted

34、in electronic format, a copy of any special software required to review materials for which confiden-tial treatment is requested and user in-structions must also be provided. (b) A person filing comments to a rulemaking action must additionally submit to the rulemaking docket a copy of the submissio

35、n containing only the portions for which no claim of con-fidential treatment is made and from which those portions for which con-fidential treatment is claimed has been redacted. (c) Any person submitting blueprints or engineering drawings need only pro-vide an original version with their sub-missio

36、n. 512.6 How should I prepare docu-ments when submitting a claim for confidentiality? (a) Information claimed to be con-fidential must be clearly identified to enable the agency to distinguish be-tween those portions of the submission claimed to constitute confidential business information and those

37、 por-tions for which no such claim is made. (b) The word CONFIDENTIAL must appear on the top of each page containing information claimed to be confidential. (1) If an entire page is claimed to be confidential, the submitter must indi-cate clearly that the entire page is claimed to be confidential. (

38、2) If the information for which con-fidentiality is being requested is con-tained within a page, the submitter shall enclose each item of information that is claimed to be confidential with-in brackets: . (c) Submissions in electronic for-mat(1) Persons submitting informa-tion under this Part may su

39、bmit the information in an electronic format. Except for early warning reporting data submitted to the agency under 49 CFR part 579, the information sub-mitted in an electronic format shall be submitted in a physical medium such as a CD-ROM. The exterior of the me-dium (e.g., the disk itself) shall

40、be per-manently labeled with the submitters name, the subject of the information and the words CONFIDENTIAL BUSI-NESS INFORMATION. (2) Confidential portions of electronic files submitted in other than their original format must be marked Con-fidential Business Information or Entire Page Confidential

41、 Business In-formation at the top of each page. If only a portion of a page is claimed to be confidential, that portion shall be designated by brackets. Files sub-mitted in their original format that cannot be marked as described above VerDate Mar2010 14:39 Dec 20, 2010 Jkt 220217 PO 00000 Frm 00070

42、 Fmt 8010 Sfmt 8010 Y:SGML220217.XXX 220217jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-61 Natl Highway Traffic Safety Admin., DOT 512.8 must, to the extent practicable, iden-tify confidential information by alter

43、-native markings using existing at-tributes within the file or means that are accessible through use of the files associated program. When alternative markings are used, such as font changes or symbols, the submitter must use one method consistently for electronic files of the same type within the s

44、ame submission. The method used for such markings must be described in the request for confidentiality. Files and materials that cannot be marked internally, such as video clips or exe-cutable files or files provided in a for-mat specifically requested by the agen-cy, shall be renamed prior to submi

45、s-sion so the words Confidential Bus Info appears in the file name or, if that is not practicable, the characters Conf Bus Info or Conf appear. In all cases, a submitter shall provide an electronic copy of its request for con-fidential treatment on any medium containing confidential information, exc

46、ept where impracticable. (3) Confidential portions of electronic files submitted in other than their original format must be marked with consecutive page numbers or sequen-tial identifiers so that any page can be identified and located using the file name and page number. Confidential portions of el

47、ectronic files submitted in their original format must, if prac-ticable, be marked with consecutive page numbers or sequential identifiers so that any page can be identified and located using the file name and page number. Confidential portions of elec-tronic files submitted in their original format

48、 that cannot be marked as de-scribed above must, to the extent prac-ticable, identify the portions of the file that are claimed to be confidential through the use of existing indices or placeholders embedded within the file. If such indices or placeholders exist, the submitters request for confident

49、ial treatment shall clearly identify them and the means for locating them with-in the file. If files submitted in their original format cannot be marked with page or sequence number designations and do not contain existing indices or placeholders for locating confidential information, then the portions of the files that are claimed to be confiden-tial shall be described by other means in the request for