Information may be afforded confidential treatment if the Chief Counsel determines that:

1. (a) The information is a trade secret;
2. (b) Public disclosure of the information would be likely to cause substantial harm to the competitive position of the submitter;
3. (c) Public disclosure of the information would be likely to impair NHTSA's ability to obtain necessary information in the future;
4. (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
5. (e) The information is otherwise entitled to protection, pursuant to 5 U.S.C. 552(b).