Tesla sought confidential treatment for Cybercab compliance documents sent to NHTSA

Tesla responded on October 30 to the special order the National Highway Traffic Safety Administration issued in its audit of the Cybercab’s self-certification, and asked that parts of it be kept confidential. A note in the audit file, created October 30, says the remaining documents responsive to Question 8 carry a confidential business information request from the manufacturer for the entirety of each document. A one-page Tesla letter dated October 30 in the file reads only that the entire file is confidential business information. NHTSA’s records show the note and letter were added to the file on October 30; the copy of the letter on its document server is dated November 5.

Question 8 of the special order, signed September 10 by NHTSA chief counsel Peter Simshauser, asks Tesla to explain for each applicable Federal Motor Vehicle Safety Standard how it determined compliance, and whether it relied on engineering analysis, physical tests, simulations or other means. The order’s 21 requests also ask whether temporarily installed human driver controls formed part of the certification basis, and how the vehicles comply without an exemption under 49 CFR Part 555. It warns that failing to respond fully or truthfully may bring civil penalties of up to $27,874 per day, to a maximum of $139,356,994.

The response was originally due September 30. According to an NHTSA memo, Tesla asked on September 18 for eight more weeks, to November 20, and the agency granted 30 days. One public document in the file is Tesla’s 30-page First Responder Interaction Plan for the Cybercab, version 1.2 dated September 3, which describes a two-seat vehicle not typically equipped with a steering wheel or pedals. NHTSA opened the audit on September 3, as we reported at the time.