How will confidentiality determinations be made?

Information may be afforded confidential treatment if the Chief Counsel determines that: (a) The information is a trade secret; (b) Public disclosure of the information would be likely to cause substantial harm to the competitive position of the submitter; (c) Public disclosure of the information would be likely to impair NHTSA's ability to obtain necessary information in the future; (d) The information was provided to NHTSA voluntarily and was not customarily released to the public by the person from whom it was obtained; or (e) The information is otherwise entitled to protection, pursuant to 5 U.S.C. 552(b).