Interpretation ID: nht90-3.35

TYPE: Interpretation-NHTSA

DATE: July 30, 1990

FROM: Kathleen Demeter -- Assistant Chief Counsel for General Law

TO: J.P. Ravier -- R & D Director, Valeo Lighting Company

TITLE: None

ATTACHMT: Attached to letter dated 12-13-90 to M.J.P. Ravier from Paul Jackson Rice (A36; Std. 108); Also attached to letter dated 7-13-90 to P.J. Rice from J.P. Ravier and Guy Dorleans (OCC 5304)

TEXT:

This is in answer to your letter to Mr. Rice dated July 13, 1990, in which you solicit a response from the agency concerning the acceptability of your headlamp aiming device under existing Federal Motor Vehicle Safety Standards and claim confidentiality for certain drawings submitted with your letter. Your request for an interpretation will be handled in separate correspondence.

When confidential protection is claimed for material submitted to the National Highway Traffic Safety Administration (NHTSA), our confidential regulation, 49 C.F.R. S512, requires the submission of a certification stating that the submitter has made dili gent inquiry to ascertain that the information submitted has not been disclosed, or otherwise made public (49 C.F.R. S512.4(e)) and other supporting information. In the absence of such a certification, I am deprived of proper and sufficient justificatio n by which to review your request to protect any of this information from public disclosure.

Although you have not submitted this certification, I will waive the requirement for the limited purpose of expediting the review process. I have examined the two drawings you have submitted and decided that they should be treated confidentially because their release to the public could cause substantial competitive harm to your company. I will protect these drawings for an indefinite period of time. Compliance with our confidentiality regulation will be expected for all future submissions of informa tion claimed to be confidential.

Please inform NHTSA of any changed circumstances which may affect the protection of the information (49 C.F.R. S512.4(i)).