§ 511.45 In camera materials. ( a ) *Definition. In camera* materials are documents, testimony, or other data which by order of the Presiding Officer or the Administrator, as appropriate under this part, are kept confidential and excluded from the public record. Only materials exempt under the Freedom of Information Act may be kept confidential and excluded from the public record. Pursuant to 49 CFR part 512, the Chief Counsel of the NHTSA is responsible for determining whether an alleged confidential business record is exempt from the Freedom of Information Act. The right of the Presiding Officer, the Administrator and reviewing courts to order disclosure of *in camera* materials is specifically reserved.
( b ) *In camera treatment of documents and testimony.* The Presiding Officer or the Administrator, as appropriate under this part, shall have authority, when good cause is found on the record, to order documents or testimony offered in evidence, whether admitted or rejected, to be received and preserved *in camera.* The order shall specify the length of time for *in camera* treatment and shall include: ( 1 ) A description of the documents and/or testimony;
( 2 ) The reasons for granting *in camera* treatment for the specified length of time.
( c ) *Access and disclosure to parties.* ( 1 ) The Administrator and Presiding Officer, and their immediate advisory staffs shall have complete access to all *in camera* materials. All other parties shall also have complete access to all *in camera* materials, except that these parties may seek access only in accordance with paragraph (c)(2) of this section when: ( i ) The *in camera* materials consist of information obtained by the government from persons not parties to the proceeding; or
( ii ) The *in camera* materials consist of information provided by one of the parties to the proceeding which is confidential as to the other parties to the proceeding.
( 2 ) Any party desiring access to and/or disclosure of the *in camera* materials specified in paragraph (c)(1) (i) and (ii) of this section for the preparation and presentation of that party's case shall make a motion which sets forth the justification therefor. The Presiding Officer or the Administrator, as appropriate under this part, may grant such motion on the record for substantial good cause shown and shall enter a protective order prohibiting unnecessary disclosure and requiring other necessary safeguards. The Presiding Officer or the Administrator, as appropriate, may examine the *in camera* materials and excise portions thereof before disclosing the materials to the moving party.
( d ) *Segregation of* in camera *materials. In camera* materials shall be segregated from the public record and protected from public view.
( e ) *Public release of* in camera *materials. In camera* materials constitute a part of the confidential records of the NHTSA and shall not be released to the public until the expiration of *in camera* treatment.
( f ) *Reference to* in camera *materials.* In the submission of proposed findings, conclusions, briefs, or other documents, all parties shall refrain from disclosing specific details of *in camera* materials. Such refraining shall not preclude general references to such materials. To the extent that parties consider it necessary to include specific details of *in camera* materials, the references shall be incorporated into separate proposed findings, briefs, or other documents marked “CONFIDENTIAL, CONTAINS *IN CAMERA* MATERIAL,” which shall be placed *in camera* and become part of the *in camera* record. These documents shall be served only on parties accorded access to the *in camera* materials in accordance with paragraph (c)(2) of this section.