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Oct 31, 2008

Rubber Industry Association of the United States against the verdict

At present, the United Rubber Industry Association (Rubber Manufacturers Association, hereinafter referred to as the RMA) is considering an appeal, because the federal district court judge in a case related to early warning data in RMA rejected the request. At present, the data is submitted to the National Highway Traffic Safety Administration (National Highway Traffic Safety Administration, hereinafter referred to as NHTSA) and its regulation.

According to the RMA, though, "Information Disclosure Law (Freedom of Information Act, hereinafter referred to as FOIA)" third exemption provisions in certain circumstances, the U.S. Congress refused to disclose the information to enjoy the privileges, but abuse of the exemption clause, according to the "Transportation Recall, responsibilities and Reporting Act (Transportation Recall Enhancement, Accountability and Documentation Act, hereinafter referred to as the TREAD)" submitted to the NHTSA data classified as confidential. In addition, the District of Columbia Federal District Court Judge Richard Leon has in the July 31 ruling rejected the request of the RMA.

Judge Leon wrote in the verdict: TREAD involved in the early chapters of the data already provided to prevent the disclosure of such data, it is public information and early warning in the third FOIA exemption clause has nothing to do. On the contrary, it gives the NHTSA wide right by its own public to decide whether and how the safety of the public good.

A consumer organization of citizens (Public Citizen) on the Leon welcomed the judge's decision. This organization has always advocated that all of the TREAD data, information should be open to the public. Responsible citizens, said Joan Claybrook, the legislative starting point is to ensure that the Government and the public need to be able to get their information, including vehicles, tire safety problems, and to ensure the effectiveness of such information.

In that March 31 in the first round after the verdict, RMA and the citizens together, asking the court to make a decision on these issues.

In July 2003, the National Highway Traffic Safety Administration (National Highway Traffic Safety Administration) announced on behalf of the DOT regulations governing the final warning to allow production, security and prosecution of consumer data confidential. In April 2004 issued by the compensation law will expand the scope of confidentiality to the list of common green tire. The list covers a wide range of tire structure, model and trademark.

However, NHTSA consistent public opposition to a car accident, injury, property damage, but the data is the RMA want. In the meantime, citizens have been advocating all information should be open for public accepted. As a result, the Organization of the United RMA, charged along with NHTSA to delay indefinitely a public warning data.

On March 31 in the first round of the ruling, the court sent back to early warning regulations NHTSA, on the grounds that NHTSA has not given notice and the feedback left enough time. This has spurred the RMA and citizens on the third FOIA exemption clause for a ruling.

RMA, a spokesman said they have 60 days from the receipt of a recent verdict to the end of September to consider an appeal that way. Cases like this, usually have a choice of groups involved in the case appealed to the Federal District Court jury of all, or a direct appeal to the Federal Court of Appeal.

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