later determined to be information described in paragraph (b), the determination of confidentiality is made within 30 working days after it is determined that the information is information described in paragraph (b). (d) For information not described under paragraph (b) of this section, the determination of confidentiality is made within ten working days after the NHTSA receives a request for that information under the Freedom of Information Act. (e) The timing requirements prescribed in paragraphs (b), (c), and (d) of this section may be extended by the Chief Counsel for good cause shown on the Chief Counsel's own motion, or on request from any person. An extension of the timing requirement of paragraph (d) is made only in accordance with 5 U.S.C. 552. Any extension of time is accompanied by a written statement setting out the reasons for the extension. (f) A person submitting information to the NHTSA with a request that the information be withheld from public disclosure as confidential business information is given immediate notice of the Chief Counsel's determination regarding the request. (1) If a request for confidentiality is granted, the submitter of the information is notified in writing that the information is being kept confidential and the length of time during which the information will be kept confidential. (2) If a request for confidentiality is denied in whole or in part, the submitter of the information is notified in writing of that denial, and is informed that the information will be placed in a public docket on a specified date, which is no less than ten working days after the submitter of the information has received notice of the denial of the request for confidential treatment if practicable, or some earlier date if the Chief Counsel determines that the public interest requires that the information be placed in a public file on such earlier date. The written notification of a denial specifies the reasons for denying the request. (g) A submitter of information whose request for confidential treatment is denied may petition for recon sideration of that denial only on the basis of information or arguments that were not available at the time the original request for confidentiality was made. The Chief Counsel may postpone placing the information in a public file in order to allow additional time to consider the petition for reconsideration. Petitions for reconsideration under this section shall be addressed to the Chief Counsel. (h) If information which has been a subject of a confidentiality determination under this section is requested under the Freedom of Information Act, the Office of Chief Counsel advises the office processing that request whether the information has been determined to be confidential. § 512.7 Modification of confidentiality de terminations. (a) A determination that information is confidential business information remains in effect in accordance with its terms, unless modified by a later determination based upon (1) Newly discovered or changed facts. (2) A change in the applicable law, (3) A class determination under § 512.9 of this part, or (4) The initial determination's being clearly erroneous. (b) If the NHTSA believes that an earlier determination of confidentiality should be reconsidered based on one or more of the factors listed in paragraphs (a) (1) through (4) of this section, the submitter of the information is notified in writing of the NHTSA's intention to reconsider that earlier determination, and the reasons for that reconsideration, and is given an opportunity to comment which is not less than ten working days from the receipt of notice under this paragraph. § 512.8 Discretionary release of confidential business information. (a) Information that has been determined or claimed to be confidential business information under § 512.6 of this part may be disclosed to the public by the Administrator notwithstanding such determination or claim if disclosure would be in the public interest as follows: (1) Information obtained under Part A, Subchapter I of the National Traffic and Motor Vehicle Safety Act, relating to the establishment, amendment, or modification of Federal motor vehicle safety standards, may be disclosed when relevant to a proceeding under that part. (2) Information obtained under Part B Subchapter I of the National Traffic and Motor Vehicle Safety Act, relating to defects relating to motor vehicle safety, and failures to comply with applicable motor vehicle safety standards, may be disclosed if the Administrator determines that disclosure is necessary to carry out the purposes of that Act. (3) Information obtained under title I or V of the Motor Vehicle Information and Cost Savings Act may be disclosed when that information is relevant to a proceeding under the title under which the information was obtained. (b) No information is disclosed under this section unless the submitter of the information is given written notice of the Administrator's intention to disclose information under this section. Written notice is given at least ten working days before the day of intended release, although the Administrator may provide shorter notice if the Administrator finds that such shorter notice is in the public interest. The notice under this paragraph includes a statement of the Administrator's reasons for considering the disclosure of information under this section, and affords the submitter of the information an opportunity to comment on the contemplated release of information. The Administration may also give notice of the contemplated release of information to other persons, and may allow such other persons the opportunity to comment. When a release of information is made pursuant to this section, the Administrator will consider ways to make the release with the least possible adverse effects to the submitter. § 512.9 Class determinations. (a) The Chief Counsel may issue a class determination relating to confi dentiality under this section if the Chief Counsel determines that one or more characteristics common to each item of information in that class will in most cases necessarily result in identical treatment of each item of information under this part, and that it is appropriate to treat all such items as a class for one or more purposes under this part. The Chief Counsel obtains the concurrence of the Office of the General Counsel, U. S. Department of Transportation, for any class determination that has the effect of raising the presumption that all information in that class is eligible for confidential treatment. Class determinations are published in the FEDERAL REGISTER. (b) A class determination clearly identifies the class of information to which it pertains. (c) A class determination may state that all of the information in the class (1) Is or is not governed by a particular section of this part, or by a particular set of substantive criteria under this part. (2) Fails to satisfy one or more of the applicable substantive criteria, and is therefore ineligible for confidential treatment, (3) Satisfies one or more of the applicable substantive criteria, or (4) Satisfies one of the substantive criteria during a certain period, but will be ineligible for confidential treatment thereafter. (d) Class determinations will have the effect of establishing rebuttable presumptions, and do not conclusively determine any of the factors set out in paragraph (c) of this section. App. A and other Executive branch offices or other Federal agencies in accordance with applicable laws, (4) With the consent of the submitter of the information, (5) To contractors, if necessary for the performance of a contract with the Administration. In such instances, the contract limits further release of the information to named employees of the contractor with a need to know and provides that unauthorized release constitutes a breach of the contract for which the contractor may be liable to third parties. I, APPENDIX A AFFIDAVIT IN SUPPORT OF REQUEST FOR being duly sworn, depose and say: (1) That I am (official) and that I am authorized by (company) to execute documents on behalf of (company): (2) That the information contained in (pertinent document[s]) is confidential and proprietary data and is being submitted with the claim that it is entitled to confidential treatment under 5 U.S.C. 552(b)(4) [as incorporated by reference in and modified by § 505(d)(1) of Title 5 of the Motor Vehicle Information and Cost Savings Act.] (3) That I have personally inquired of the responsible (company) personnel who have authority in the normal course of business to release the information for which a claim of confidentiality has been made to ascertain whether such information has ever been released outside (company). (4) That based upon such inquiries to the best of my knowledge the information for which (company) has claimed confidential treatment has never been released of become available outside the (company) except as hereinafter specified: (5) That I make no representations beyond those contained in this affidavit and in particular I make no representations as to whether this information may become available outside (company) because of unauthorized or inadvertent disclosure except as stated in Paragraph 4; and (6) That the information contained in the enumerated paragraphs of this affidavit is true and accurate to the best of my information, knowledge and belief. (Official) APPENDIX B-CLASS DETERMINATIONS The Administration has determined that the following types of information would presumptively result in significant competitive damage or would be likely to result in substantial competitive harm if disclosed to the public (1) Blueprints and engineering drawings containing process of production data before the public availability, or within five years of the public availability, of the subject of the blueprints or engineering drawings, where the subject could not be manufactured without the blueprints or engineering drawings except after significant reverse engineering: (2) Future model specific product plans, projected not more than three years into the future; (3) Model specific projections of future sales mix, projected not more than three years into the future; APPENDIX C-OMB CLEARANCE The OMB clearance number for this regulation is 2127-0025. re 520.21 Preparation of environmental views, negative declarations, and notices of intent. 520.22 Maintenance of a list of actions. 520.23 Preparation of draft environmental impact statements. 520.24 Internal processing of draft environmental impact statements. 520.25 External review of draft environmental impact statements. 520.26 Public hearings. 520.27 Legislative actions. 520.28 Preparation of final environmental impact statements. 520.29 Internal review of final environmental impact statements. 520.30 Availability of final environmental impact statements. 520.31 Amendments or supplements. 520.32 Emergency action procedures. 520.33 Timing of proposed NHTSA actions. 520.34 Comments on environmental statements prepared by other agencies. ATTACHMENT 1-FORM AND CONTENT OF STATEMENT ATTACHMENT 2-AREAS OF ENVIRONMENTAL IM- AUTHORITY: Secs. 102(2)(A), 102(2)(C), Pub. L. 91-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 2(b), 4(f), Pub. L. 89-670, 80 Stat. 931 (49 U.S.C. 1651(b), 1653(f)); Executive Order 11514, 35 FR 4247; 40 CFR Part 1500; DOT Order 5610.1B, 39 FR 35234; delegations of authority at 49 CFR 1.45, 1.51. SOURCE: 40 FR 52396, Nov. 10, 1975, unless otherwise noted. Subpart A-General § 520.1 Purpose and scope. (a) Section 102(2)(C) of the National Environmental Policy Act of 1969 (83 Stat. 853; 42 U.S.C. 4332(2)(C)), as implemented by Executive Order 11514 (3 CFR, 1966-1970 Comp., p. 902) and the Council on Environmental Quality's Guidelines of April 23, 1971 (36 FR 7724), requires that all agencies of the Federal Government prepare detailed environmental statements on proposals for legislation and other major Federal actions significantly affecting the quality of the human environment. The purpose of the Act is to build into the agency decision-making process careful consideration of all environmental aspects of proposed actions. (b) This part specifies National Highway Traffic Safety Administration (NHTSA) procedures for conducting environmental assessments and reviews, and for the preparation of environmental impact statements on proposals for legislation and other major agency actions significantly affecting the quality of the human environment. § 520.2 Policy. The agency will strive to carry out the full intent and purpose of the National Environmental Policy Act of 1969 and related orders and statutes, and take positive steps to avoid any action which could adversely affect the quality of the human environment. § 520.3 Definitions. (a) "Environmental assessment” is a written analysis describing the environmental impact of a proposed or ongoing agency action, submitted to the agency either by its grantees or contractors, or by any person outside the agency as part of any program or project proposal within the scope of activities listed in § 520.4(b). (b) "Environmental review" is a formal evaluation undertaken by the agency, culminating in a brief document (the environmental review report), to determine whether a proposed or ongoing NHTSA action may have a significant impact on the environment. The review document will be included in the proposed or ongoing agency action, and either support a negative declaration or recommend the preparation of a draft environmental impact statement. (c) "Draft environmental impact statement" (DEIS) means a preliminary statement on the environmental impact of a proposed or ongoing NHTSA action which is circulated for comment and review within and outside NHTSA. (d) "Final environmental impact statement" (FEIS) means a detailed statement which, pursuant to section 102(2)(C) of the National Environmental Policy Act, identifies and analyzes the anticipated environmental impact of a proposed or ongoing NHTSA action. (e) "Negative declaration" means a statement prepared subsequent to an environmental review, which states that a proposed or ongoing NHTSA action will have no significant environmental impact and therefore does not require a draft or final environmental impact statement. § 520.4 Applicability. (a) Scope. This part applies to all elements of NHTSA, including the Regional Offices. (b) Actions covered. Except as provided in paragraph (e) of this section, 80-175 0-82--6 this part applies to the following agency actions and such actions and proposals as may be sponsored jointly with another agency: (1) New and continuing programs and projects; budget proposals; legislative proposals by the agency; requests for appropriations; reports on legislation initiated elsewhere where the agency has primary responsibility for the subject matter involved; and any renewals or reapprovals of the foregoing; (2) Research, development, and demonstration projects; formal approvals of work plans; and associated contracts; (3) Rulemaking and regulatory actions, including Notices of Proposed Rulemaking (NPRM); requests for procurement (RFP); requests for grants (Annual Work Programs); and contracts; (4) All grants, loans or other financial assistance for use in State and Community projects; (5) Annual State Highway Safety Work Programs; (6) Construction; leases; purchases; operation of Federal facilities; and (7) Any other activity, project, or action likely to have a significant effect on the environment. (c) Continuing actions. This part applies to any action enumerated in paragraph (b) of this section, even though such actions arise from a project or program initiated prior to enactment of the National Environmental Policy Act on January 1, 1970. (d) Environmental assessments. Within the scope of activities listed in § 520.4(b), any person outside the agency submitting a program or project proposal may be requested to prepare an environmental assessment of such proposed action to be included in his submission to the agency. (e) Exceptions. (1) Assistance in the form of general revenue sharing funds, distributed under the State and Local Fiscal Assistance Act of 1972, 31 U.S.C. 1221, with no control by the NHTSA over the subsequent use of such funds; (4) Legislative proposals originating in another agency and relating to matters not within NHTSA's primary areas of responsibility; (5) Project amendments (e.g., increases in costs) which have no environmental significance; and (6) Minor agency actions that are determined by the official responsible for the actions to be of such limited scope that they clearly will not have a significant effect on the quality of the human environment. (f) Consolidation of statements. Proposed actions (and alternatives thereto) having substantially similar environmental impacts may be covered by a single environmental review and environmental impact statement or nega tive declaration. § 520.5 Guidelines for identifying major actions significantly affecting the environment. (a) General guidelines. The phrase, "major Federal actions significantly affecting the quality of the human environment," as used in this part, shall be construed with a view to the overall, cumulative impact of the actions, other Federal projects or actions in the area, and any further contemplated or anticipated actions. Therefore, an environmental impact statement should be prepared in any of the following situations: (1) Proposed actions which are localized in their impact but which have a potential for significantly affecting the environment; (2) Any proposed action which is likely to be controversial on environmental grounds; (3) Any proposed action which has unclear but potentially significant environmental consequences. (b) Specific guidelines. While a precise definition of environmental significance that is valid in all contexts is not possible, any of the following actions should ordinarily be considered as significantly affecting the quality of the human environment: (1) Any matter falling under section 4(f) of the Department of Transportation Act (49 U.S.C. 1653(f)) and section 138 of Federal-aid highway legislation (23 U.S.C. 138), requiring the use of |