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)

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, 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