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e-CFR data is current as of September 22, 2020

Title 49Subtitle BChapter VPart 512 → Subpart C


Title 49: Transportation
PART 512—CONFIDENTIAL BUSINESS INFORMATION


Subpart C—Additional Requirements


Contents
§512.9   What are the requirements if the information 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 information?
§512.13   What are the consequences for noncompliance with this part?

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§512.9   What are the requirements if the information comes from a third party?

Where confidentiality is claimed for information obtained by the submitter from a third party, such as a supplier, the submitter is responsible for obtaining from the third party the information that is necessary to comply with §512.4 of this part, including a certificate in the form set out in appendix A to this Part.

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§512.10   Duty to amend.

The submitter shall promptly amend any supporting information provided under §512.4 if the submitter obtains information upon the basis of which the submitter knows that the supporting information was incorrect when provided, or that the supporting information, though correct when provided to the agency, is no longer correct and the circumstances are such that a failure to amend the supporting information is in substance a knowing concealment.

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§512.11   What if I need an extension of time?

If a person is unable to submit the necessary information required under §512.4 at the time the claimed confidential information is submitted to NHTSA, then that person may request an extension of time. Any request for an extension shall explain the reason for the extension of time and the length of time requested.

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§512.12   What if I am submitting multiple items of information?

Any certificate provided under §512.4(b) of this part, and any supporting information provided under §512.4(c) of this part, may be used to support a claim for confidential treatment of more than one item of information. However, general or nonspecific assertions or analysis may be insufficient to form an adequate basis for the agency to find that the information is entitled to confidential treatment, and may result in the denial of the claim.

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§512.13   What are the consequences for noncompliance with this part?

(a) If the submitter fails to comply with §512.4 of this part at the time the information is submitted to NHTSA or does not request an extension of time under §512.11, the claim for confidentiality may be waived, unless the agency is notified or otherwise becomes aware of the claim before the information is disclosed to the public. If the information is placed in a public docket or file, such placement is disclosure to the public within the meaning of this part and may preclude any claim for confidential treatment. The Chief Counsel may notify a submitter of information or, if applicable, a third party from whom the information was obtained, of inadequacies regarding a claim for confidential treatment and may allow the submitter or third party additional time to supplement the submission, but has no obligation to provide either notice or additional time.

(b) If the submitter does not provide the certificate required under §512.4(b) of this part or any supporting information required under §512.4(c) of this part, or if the information is insufficient to establish that the information should be afforded confidential treatment under the confidentiality standards set out in §512.15 of this part, a request that such information be treated confidentially may be denied. The Chief Counsel may notify a submitter of information of inadequacies in the supporting information and may allow the submitter additional time to supplement the showing, but has no obligation to provide either notice or additional time.

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