81_FR_44433 81 FR 44303 - Production of Confidential Business Information in Pending Enforcement Litigation; Transfer of Information Claimed as Confidential Business Information to the United States Department of Justice and Parties to Certain Litigation

81 FR 44303 - Production of Confidential Business Information in Pending Enforcement Litigation; Transfer of Information Claimed as Confidential Business Information to the United States Department of Justice and Parties to Certain Litigation

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 130 (July 7, 2016)

Page Range44303-44303
FR Document2016-16144

The Environmental Protection Agency (``EPA'') is providing notice of disclosure in civil enforcement litigation against Navistar International Corp. and Navistar, Inc. pursuant to 40 CFR 2.209(d). In response to discovery requests received by the United States in the litigation styled, United States of America v. Navistar International Corp., and Navistar, Inc., Case No. 15-cv-6143, pending in the United States District Court for the Northern District of Illinois (the ``Navistar Litigation''), the United States Department of Justice (``DOJ'') is disclosing information which has been submitted to EPA by vehicle and engine manufacturers that is claimed to be, or has been determined to be, potential confidential business information (collectively ``CBI''). The use of the CBI is limited to the Navistar Litigation and its distribution is restricted by terms of a Court confidentiality order.

Federal Register, Volume 81 Issue 130 (Thursday, July 7, 2016)
[Federal Register Volume 81, Number 130 (Thursday, July 7, 2016)]
[Notices]
[Page 44303]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16144]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9948-82-OECA]


Production of Confidential Business Information in Pending 
Enforcement Litigation; Transfer of Information Claimed as Confidential 
Business Information to the United States Department of Justice and 
Parties to Certain Litigation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (``EPA'') is providing 
notice of disclosure in civil enforcement litigation against Navistar 
International Corp. and Navistar, Inc. pursuant to 40 CFR 2.209(d). In 
response to discovery requests received by the United States in the 
litigation styled, United States of America v. Navistar International 
Corp., and Navistar, Inc., Case No. 15-cv-6143, pending in the United 
States District Court for the Northern District of Illinois (the 
``Navistar Litigation''), the United States Department of Justice 
(``DOJ'') is disclosing information which has been submitted to EPA by 
vehicle and engine manufacturers that is claimed to be, or has been 
determined to be, potential confidential business information 
(collectively ``CBI''). The use of the CBI is limited to the Navistar 
Litigation and its distribution is restricted by terms of a Court 
confidentiality order.

DATES: Access by DOJ and/or the parties to the Navistar Litigation to 
material, including CBI, discussed in this document, is ongoing and 
expected to continue during the Navistar Litigation.

FOR FURTHER INFORMATION CONTACT: Edward Kulschinsky, Air Enforcement 
Division, Office of Civil Enforcement (2242A); telephone number: 202-
564-4133; fax number: 202-564-0069; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: The United States has initiated a civil 
enforcement action alleging that Navistar International Corp. and 
Navistar, Inc., violated Title II of the Clean Air Act in connection 
with the production and sale of on-highway heavy-duty diesel engines in 
calendar years 2009 and 2010. This notice is being provided, pursuant 
to 40 CFR 2.209(d), to inform affected businesses that EPA intends to 
transmit certain information, which has been submitted by vehicle and 
engine manufacturers that is claimed to be, or has been determined to 
be, potential confidential business information (collectively ``CBI''), 
to defendants in this enforcement action. The information includes EPA 
communications with, and information provided by, vehicle and engine 
manufacturers in connection with the certification of heavy-duty diesel 
motor vehicle engines or non-road engines, some of which may include 
CBI.
    The parties to the Navistar Litigation have entered into an Agreed 
Confidentiality Order, see Case No. 15-cv-6143, ECF Document No. 35 in 
the Navistar Litigation docket, filed December 15, 2015, (the 
``Confidentiality Order''), that governs the treatment of information, 
including CBI, that is designated ``Confidential'' pursuant to the 
Confidentiality Order. The Confidentiality Order provides for limited 
disclosure and use of CBI and for the return or destruction of CBI at 
the conclusion of the litigation. In accordance with 40 CFR 2.209(c)-
(d), DOJ must disclose such information to the extent required to 
comply with the discovery obligations of the United States in the 
Navistar Litigation, including its obligations under the 
Confidentiality Order.

    Dated: June 30, 2016.
Phillip A. Brooks,
Director, Air Enforcement Division.
[FR Doc. 2016-16144 Filed 7-6-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                                                Federal Register / Vol. 81, No. 130 / Thursday, July 7, 2016 / Notices                                           44303

                                                  Dated: June 28, 2016.                                  2.209(d), to inform affected businesses               comments relevant to the specific issues
                                                Lorie J. Schmidt,                                        that EPA intends to transmit certain                  being considered by the NEJAC. For
                                                Associate General Counsel.                               information, which has been submitted                 additional information about registering
                                                [FR Doc. 2016–16143 Filed 7–6–16; 8:45 am]               by vehicle and engine manufacturers                   to attend the meeting or to provide
                                                BILLING CODE 6560–50–P
                                                                                                         that is claimed to be, or has been                    public comment, please see
                                                                                                         determined to be, potential confidential              ‘‘Registration’’ under SUPPLEMENTARY
                                                                                                         business information (collectively                    INFORMATION. Due to a limited number of
                                                ENVIRONMENTAL PROTECTION                                 ‘‘CBI’’), to defendants in this                       telephone lines, attendance will be on a
                                                AGENCY                                                   enforcement action. The information                   first-come, first served basis. Pre-
                                                                                                         includes EPA communications with,                     registration is required.
                                                [FRL–9948–82–OECA]
                                                                                                         and information provided by, vehicle                  DATES: The NEJAC will host a public
                                                Production of Confidential Business                      and engine manufacturers in connection                teleconference meeting on Wednesday,
                                                Information in Pending Enforcement                       with the certification of heavy-duty                  July 20, 2016, at 3:00 p.m. Eastern Time.
                                                Litigation; Transfer of Information                      diesel motor vehicle engines or non-                  The topics of discussion will include:
                                                Claimed as Confidential Business                         road engines, some of which may                       (1) Water infrastructure financing in
                                                Information to the United States                         include CBI.                                          vulnerable and overburdened
                                                Department of Justice and Parties to                        The parties to the Navistar Litigation             communities and (2) the
                                                Certain Litigation                                       have entered into an Agreed                           implementation and outreach of EPA’s
                                                                                                         Confidentiality Order, see Case No. 15–               Revised Agricultural Worker Protection
                                                AGENCY: Environmental Protection                         cv–6143, ECF Document No. 35 in the                   Regulation. Public comment period
                                                Agency (EPA).                                            Navistar Litigation docket, filed                     relevant to the specific issues being
                                                ACTION: Notice.                                          December 15, 2015, (the                               considered by the NEJAC (see
                                                                                                         ‘‘Confidentiality Order’’), that governs              SUPPLEMENTARY INFORMATION) is
                                                SUMMARY:    The Environmental Protection                 the treatment of information, including               scheduled for Wednesday, July 20, 2016
                                                Agency (‘‘EPA’’) is providing notice of                  CBI, that is designated ‘‘Confidential’’              starting at 5:00 p.m. Eastern Time.
                                                disclosure in civil enforcement                          pursuant to the Confidentiality Order.                Members of the public who wish to
                                                litigation against Navistar International                The Confidentiality Order provides for                participate during the public comment
                                                Corp. and Navistar, Inc. pursuant to 40                  limited disclosure and use of CBI and                 period are highly encouraged to pre-
                                                CFR 2.209(d). In response to discovery                   for the return or destruction of CBI at               register by 11:59 p.m., Eastern Time, on
                                                requests received by the United States                   the conclusion of the litigation. In                  Monday, July 18, 2016.
                                                in the litigation styled, United States of               accordance with 40 CFR 2.209(c)–(d),                  FOR FURTHER INFORMATION CONTACT:
                                                America v. Navistar International Corp.,                 DOJ must disclose such information to                 Questions or correspondence
                                                and Navistar, Inc., Case No. 15–cv–                      the extent required to comply with the                concerning the teleconference meeting
                                                6143, pending in the United States                       discovery obligations of the United                   should be directed to Karen L. Martin,
                                                District Court for the Northern District                 States in the Navistar Litigation,                    U.S. Environmental Protection Agency,
                                                of Illinois (the ‘‘Navistar Litigation’’),               including its obligations under the                   by mail at 1200 Pennsylvania Avenue
                                                the United States Department of Justice                  Confidentiality Order.                                NW., (MC2201A), Washington, DC
                                                (‘‘DOJ’’) is disclosing information which
                                                                                                           Dated: June 30, 2016.                               20460; by telephone at 202–564–0203;
                                                has been submitted to EPA by vehicle
                                                                                                         Phillip A. Brooks,                                    via email at martin.karenl@epa.gov; or
                                                and engine manufacturers that is
                                                                                                         Director, Air Enforcement Division.                   by fax at 202–564–1624. Additional
                                                claimed to be, or has been determined
                                                                                                         [FR Doc. 2016–16144 Filed 7–6–16; 8:45 am]            information about the NEJAC is
                                                to be, potential confidential business
                                                                                                                                                               available at: www.epa.gov/
                                                information (collectively ‘‘CBI’’). The                  BILLING CODE 6560–50–P
                                                                                                                                                               environmentaljustice/nejac.
                                                use of the CBI is limited to the Navistar
                                                                                                                                                               SUPPLEMENTARY INFORMATION: The
                                                Litigation and its distribution is
                                                restricted by terms of a Court                           ENVIRONMENTAL PROTECTION                              Charter of the NEJAC states that the
                                                confidentiality order.                                   AGENCY                                                advisory committee ‘‘will provide
                                                                                                                                                               independent advice and
                                                DATES: Access by DOJ and/or the parties                  [FRL–9948–80–OECA]
                                                                                                                                                               recommendations to the Administrator
                                                to the Navistar Litigation to material,
                                                                                                         National Environmental Justice                        about broad, crosscutting issues related
                                                including CBI, discussed in this
                                                                                                         Advisory Council; Notification of                     to environmental justice. The NEJAC’s
                                                document, is ongoing and expected to
                                                                                                         Public Teleconference and Public                      efforts will include evaluation of a
                                                continue during the Navistar Litigation.
                                                                                                         Comment                                               broad range of strategic, scientific,
                                                FOR FURTHER INFORMATION CONTACT:                                                                               technological, regulatory, community
                                                Edward Kulschinsky, Air Enforcement                      AGENCY:  Environmental Protection                     engagement and economic issues related
                                                Division, Office of Civil Enforcement                    Agency (EPA).                                         to environmental justice.’’
                                                (2242A); telephone number: 202–564–                      ACTION: Notification of public
                                                4133; fax number: 202–564–0069; email                                                                          Registration
                                                                                                         teleconference.
                                                address: kulschinsky.edward@epa.gov.                                                                             Registrations for the July 20, 2016,
                                                SUPPLEMENTARY INFORMATION: The                           SUMMARY:  Pursuant to the Federal                     pubic teleconference will be processed
                                                United States has initiated a civil                      Advisory Committee Act (FACA), Public                 http://nejac-teleconference-july-20-
                                                enforcement action alleging that                         Law 92–463, the U.S. Environmental                    2016.eventbrite.com. Pre-registration is
srobinson on DSK5SPTVN1PROD with NOTICES




                                                Navistar International Corp. and                         Protection Agency (EPA) hereby                        required. Registration for the July 20,
                                                Navistar, Inc., violated Title II of the                 provides notice that the National                     2016, teleconference meeting closes at
                                                Clean Air Act in connection with the                     Environmental Justice Advisory Council                11:59 p.m., Eastern Time on Monday,
                                                production and sale of on-highway                        (NEJAC) will meet on the dates and                    July 18, 2016. The deadline to sign up
                                                heavy-duty diesel engines in calendar                    times described below. All meetings are               to speak during the public comment
                                                years 2009 and 2010. This notice is                      open to the public. Members of the                    period, or to submit written public
                                                being provided, pursuant to 40 CFR                       public are encouraged to provide                      comments, is also 11:59 p.m., Eastern


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Document Created: 2018-02-08 07:54:33
Document Modified: 2018-02-08 07:54:33
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesAccess by DOJ and/or the parties to the Navistar Litigation to material, including CBI, discussed in this document, is ongoing and expected to continue during the Navistar Litigation.
ContactEdward Kulschinsky, Air Enforcement Division, Office of Civil Enforcement (2242A); telephone number: 202-
FR Citation81 FR 44303 

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