Interpretation ID: nht88-2.71

TYPE: INTERPRETATION-NHTSA

DATE: 07/14/88

FROM: SADATO KADOYA -- MANAGER, SAFETY ENGINEERING, MAZDA

TO: KATHLEEN DEMETER -- OFFICE OF CHIEF COUNSEL, NHTSA

TITLE: REQUEST FOR CONFIDENTIAL TREATMENT OF INFORMATION - 49 CFR PART 512, CONFIDENTIAL BUSINESS INFORMATION

ATTACHMT: MEMO DATED 11-3-88, TO SADATO KADOYA, FROM ERIKA Z. JONES; STD 108; ALSO ATTACHED, MEMO DATED 7-14-88, RE: REQUEST FOR INTERPRETATION-FMVSS 108 - LAMPS, REFLECTIVE DEVICES, AND ASSOCIATED EQUIPMENT - AUXILIARY LAMPS

TEXT: Mazda Research & Development of North America, Inc. and its parent company, Mazda Motor Corporation ("Mazda"), request that the attached document, in its entirety, be afforded confidential treatment as specified in 49 CFR Part 512, Confidential Business Information. In accordance with the guidelines provided in 49 CFR Part 512.4(b), included below is information supporting Mazda's claim that release of the attached document to the public meets the substantive standards of 49 CFR Part 512.5(a).

The attached document requests a NHTSA interpretation of the requirements of FMVSS 108; Lamps, Reflective Devices, and Associated Equipment in regards to Mazda plans to develop new lighting technology. The following supports Mazda's claim of confiden tiality, as required by 49 CFR Part 512.4(d).

1. The information relates to future unannounced product plans, projecting not more than three years into the future. Mazda has determined that the release of such information to the public would likely result in significant competitive harm. The i nformation specifically relates to the standard equipment features which will be made available on a yet unannounced product introduction. Obviously, release of this information will place Mazda at a competitive disadvantage due to the absence of such c lear and first party information regarding the product plans and policies of our competition.

2. The information contained within is known only to Mazda and has not been disclosed or otherwise made available to any person, company or organization outside of Mazda, its agents, and the supplier with which Mazda is working to develop the new tec hnology.

3. Mazda requests that the information contained within be considered confidential until such time as Mazda formally agrees to its public release, makes a formal public announcement or initiates mass production, whichever comes first.

Mazda has made a diligent inquiry to determine that the information contained in the attached document has not been disclosed, or otherwise made publicly available. Should this request for confidential treatment be denied, please contact us prior to the release of this information.

For any further information or clarification of this request, please contact Mr. Sadato (Ted) Kadoya at the letterhead address or telephone number above.

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