82 FR 33904 - EPA's Intent To Disclose Confidential Business Information (CBI) Contained in Vehicle Sales Data for Model Years 2015 to the U.S. Energy Information Administration (EIA) for Use in Modeling and Projecting Energy Demand in the Light-Duty Vehicle Sector

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 139 (July 21, 2017)

Page Range		33904-33905
FR Document		2017-15377

On June 23, 2017, the Environmental Protection Agency (EPA) received a written request from the U.S. Energy Information Administration (EIA) for historical model year sales data for year 2015 by manufacturer and nameplate. This requested data may contain confidential business information (CBI). The EPA may disclose business information to other Federal agencies that otherwise is not available to the public if certain requirements are met. The EPA intends to share certain information, detailed below, with EIA ten (10) days after publication of this notice. The information requested has been used to model and project energy demand in the light-duty vehicle sector and is critical to EIA's efforts to project energy demand, fuel efficiency, fuel consumption, and greenhouse gas emissions for the transportation sector. EIA has agreed to keep the data confidential and not disclose it further.

Federal Register, Volume 82 Issue 139 (Friday, July 21, 2017)

[Federal Register Volume 82, Number 139 (Friday, July 21, 2017)]
[Notices]
[Pages 33904-33905]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15377]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9964-82-OAR]


EPA's Intent To Disclose Confidential Business Information (CBI) 
Contained in Vehicle Sales Data for Model Years 2015 to the U.S. Energy 
Information Administration (EIA) for Use in Modeling and Projecting 
Energy Demand in the Light-Duty Vehicle Sector

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: On June 23, 2017, the Environmental Protection Agency (EPA) 
received a written request from the U.S. Energy Information 
Administration (EIA) for historical model year sales data for year 2015 
by manufacturer and nameplate. This requested data may contain 
confidential business information (CBI). The EPA may disclose business 
information to other Federal agencies that otherwise is not available 
to the public if certain requirements are met. The EPA intends to share 
certain information, detailed below, with EIA ten (10) days after 
publication of this notice. The information requested has been used to 
model and project energy demand in the light-duty vehicle sector and is 
critical to EIA's efforts to project energy demand, fuel efficiency, 
fuel consumption, and greenhouse gas emissions for the transportation 
sector. EIA has agreed to keep the data confidential and not disclose 
it further.

DATES: The sales data will be disclosed to EIA on or after July 31, 
2017.

FOR FURTHER INFORMATION CONTACT: Sara Zaremski, Office of 
Transportation and Air Quality, Compliance Division, Environmental 
Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105; 
telephone number: 734-214-4362; fax number: 734-214- 4053; email 
address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Does this action apply to me?

    Entities potentially affected by this action are those involved 
with the production and sale of motor vehicles. Regulated categories 
include:

----------------------------------------------------------------------------------------------------------------
                                                                                      Examples of potentially
                  Category                    NAICS \1\ Codes     SIC \2\ Codes          regulated entities
----------------------------------------------------------------------------------------------------------------
Industry...................................     336111, 336112               3711  Light-duty vehicle and light-
                                                                                    duty truck manufacturers.
----------------------------------------------------------------------------------------------------------------
\1\ North American Industry Classification System (NAICS).
\2\ Standard Industrial Classification (SIC) system code.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be affected by the 
disclosure.

II. EIA's Request for Model Year Sales Data for Year 2015

    In their June 23, 2017 request letter to EPA, EIA requested that 
EPA provide to EIA historical model year sales data for year 2015 by 
manufacturer and nameplate. As noted earlier in this document, EIA uses 
this information to model and project energy demand in the light-duty 
vehicle sector. Additionally, EIA noted that these data are critical to 
EIA's continued efforts to project energy demand, fuel efficiency, fuel 
consumption, and greenhouse gas emissions for the transportation 
sector. Previously, EIA had been unable to obtain official model year 
sales data for 2015 due to the fact that it contained CBI. The specific 
data they requested includes all the data fields currently available in 
the Excel files provided on the fueleconomy.gov Web site (see the 
Download Fuel Economy Data page at http://www.fueleconomy.gov/feg/download.shtml).
    Additionally, EIA requested the following data fields: model year 
sales, tank size, track width, wheelbase, curb weight, horsepower, 
interior volume, fleet (DP, IP, LT), and test weight. EIA indicated 
that they are aware that this information is subject to claims of 
confidential business information. EIA's letter states ``We will take 
the necessary steps to ensure the data are secure and kept 
confidential. EIA routinely works with sensitive data and has strong 
data handling safeguards in place.''
    Pursuant to 40 CFR 2.209(c), EPA may disclose business information 
to another Federal agency if: (1) EPA receives a written request for 
disclosure of the information from a duly authorized officer or 
employee of the other agency; (2) the request sets forth the official 
purpose for which the information is needed; (3) when the information 
has been claimed as confidential or has been determined to be 
confidential, the responsible EPA office provides notice to each 
affected business of the type of information to be disclosed and to 
whom it is to be disclosed, and such notice may be given by notice 
published in the Federal Register at least 10 days prior to disclosure; 
(4) EPA notifies the other agency of any unresolved business 
confidentiality claim covering the information and of any determination 
under this subpart that the information is entitled to confidential 
treatment, and that further disclosure of the information may be a 
violation of the Trade Secrets Act, 18 U.S.C. 1905; and

[[Page 33905]]

(5) the other agency agrees in writing that in accordance with the law, 
it will not disclose further any information designated as 
confidential.
    In the case at hand, all of the required elements of 40 CFR 
2.209(c) have been met upon publication of this notice.

III. Impact on Vehicle Manufacturers

    Given that EIA is aware that the shared information is CBI or has 
been claimed as CBI, and intends to take the necessary steps to ensure 
that the data provided is kept secure and confidential, there is no 
impact on vehicle manufacturers to the release of this data.

    Dated: July 5, 2017.
Byron Bunker,
Director, Compliance Division, Office of Transportation & Air Quality.
[FR Doc. 2017-15377 Filed 7-20-17; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 82, No. 139 / Friday, July 21, 2017 / Notices 33905

(5) the other agency agrees in writing instructions for submitting comments. recurrence of noncompliance in the
that in accordance with the law, it will Once submitted, comments cannot be future, JPMC developed and
not disclose further any information edited or withdrawn. The EPA may implemented a compliance management
designated as confidential. publish any comment received to its system (CMS) that incudes annual
In the case at hand, all of the required public docket. Do not submit auditing. JPMC approached the design
elements of 40 CFR 2.209(c) have been electronically any information you of this annual audit program with the
met upon publication of this notice. consider to be Confidential Business same integrity and objectivity as used in
Information (CBI) or other information the original 2014 Audit program. With
III. Impact on Vehicle Manufacturers the benefit of this expertise, JPMC
whose disclosure is restricted by statute.
Given that EIA is aware that the Multimedia submissions (audio, video, conducted annual internal audits in
shared information is CBI or has been etc.) must be accompanied by a written 2015 (at 42 sites) and 2016 (at 39 sites)
claimed as CBI, and intends to take the comment. The written comment is and disclosed additional potential
necessary steps to ensure that the data considered the official comment and noncompliance discovered through its
provided is kept secure and should include discussion of all points 2015 and 2016 internal audits on
confidential, there is no impact on you wish to make. The EPA will November 20, 2015 and December 2,
vehicle manufacturers to the release of generally not consider comments or 2016, respectively.
this data. comment contents located outside of the All violations discovered and
Dated: July 5, 2017. primary submission (i.e., on the Web, disclosed by the Respondent are listed
Byron Bunker, cloud, or other file sharing system). For in Attachments A and B to the CAFO.
Director, Compliance Division, Office of additional submission methods, the full Proposed Settlement
Transportation & Air Quality. EPA public comment policy,
information about CBI or multimedia The EPA determined that Respondent
[FR Doc. 2017–15377 Filed 7–20–17; 8:45 am] satisfactorily completed its audit and
submissions, and general guidance on
BILLING CODE 6560–50–P
making effective comments, please visit has met all conditions set forth in the
https://www2.epa.gov/dockets/ Audit Policy for the violations
commenting-epa-dockets. identified in Attachment A of the
ENVIRONMENTAL PROTECTION CAFO. Therefore, 100 percent of the
AGENCY FOR FURTHER INFORMATION CONTACT:
gravity-based penalty calculated for the
Philip Milton, Waste and Chemical violations identified in Attachment A of
[EPA–HQ–OECA–2017–0206; FRL–9964–
67–OECA]
Enforcement Division (2249–A), U.S. the CAFO is being waived.
Environmental Protection Agency, 1200 Attachment B of the CAFO identifies
Clean Water Act Class II: Proposed Pennsylvania Avenue NW., Washington, certain violations that did not meet all
Administrative Settlement, Penalty DC 20460; telephone: (202) 564–5029; the conditions of the Audit Policy. For
Assessment and Opportunity To fax: (202) 564–0010; email: these violations, a gravity-based penalty
Comment Regarding JPMorgan Chase milton.philip@epa.gov. of $52,977 is assessed.
Bank, N.A. SUPPLEMENTARY INFORMATION: For all violations listed in
Background Attachments A and B, EPA calculated
AGENCY: Environmental Protection
an economic benefit of noncompliance
Agency (EPA). This proposed settlement agreement of $177,415. This number was
ACTION: Notice. is the result of voluntary disclosures of calculated using specific cost
CWA, CAA, RCRA and EPCRA information provided by Respondent
SUMMARY: The Environmental Protection violations by JPMC to the EPA. JPMC
Agency (EPA) has entered into a and use of the Economic Benefit (BEN)
and affiliated entities comprise one of computer model.
Consent Agreement with JPMorgan the largest financial services firms in the JPMC has agreed to pay a total civil
Chase Bank, N.A. (JPMC or Respondent) United States, offering investment penalty of $230,392 for all the violations
to resolve violations of the Clean Water banking, financial services for identified in Attachments A and B of
Act (CWA), the Clean Air Act (CAA), consumers and small businesses, the CAFO. Of this amount, $177,415 is
the Resource Conservation and commercial banking, financial the economic benefit of noncompliance
Recovery Act (RCRA) and the transaction processing and asset and $52,977 is the gravity-based penalty
Emergency Planning and Community management, both domestically and for the violations listed in Attachment B
Right-to-Know Act (EPCRA) and their internationally. JPMorgan Chase Bank, of the CAFO.
implementing regulations. N.A. is a national banking association Of this total amount, $16,731 is
The Administrator is hereby with its main office located at 1111 attributable to the CAA violations,
providing public notice of this Consent Polaris Parkway, Columbus, Ohio $88,538 is attributable to the CWA SPCC
Agreement and proposed Final Order 43240. violations, $27,649 is attributable to the
(CAFO), and providing an opportunity On August 6, 2014, EPA accepted RCRA violations, and $97,474 is
for interested persons to comment on JPMC’s June 19, 2014 proposal to enter attributable to the EPCRA violations.
the CAFO. Upon closure of the public into an audit agreement to audit 133 The EPA and Respondent negotiated
comment period, the CAFO and any facilities owned and/or operated by the Consent Agreement in accordance
public comments will be forwarded to JPMC or affiliated entities for with the Consolidated Rules of Practice,
the Agency’s Environmental Appeals compliance with the CAA, CWA, 40 CFR part 22, specifically 40 CFR
Board (EAB). EPCRA, and RCRA under EPA’s 22.13(b) and 22.18(b) (In re: JPMorgan
sradovich on DSK3GMQ082PROD with NOTICES

DATES: Comments are due on or before Incentives for Self-Policing: Discovery, Chase Bank, N.A.; enforcement
August 21, 2017. Disclosure, Correction and Prevention of settlement identifier numbers CAA–
ADDRESSES: Submit your comments, Violations (Audit Policy), 65 FR 19618 HQ–2017–6001, CWA–HQ–2017–6001;
identified by Docket ID No. EPA–HQ– (April 11, 2000). On December 19, 2014, EPCRA–HQ–2017–6001; and RCRA–
OECA–2017–0206, to the Federal JPMC provided its final report. HQ–2017–6001). This Consent
eRulemaking Portal: https:// In follow-up to its 2014 Audit and Agreement is subject to public notice
www.regulations.gov. Follow the online JPMC’s commitment to prevent and comment under Section

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Document Created: 2017-07-21 06:00:24
Document Modified: 2017-07-21 06:00:24

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		The sales data will be disclosed to EIA on or after July 31, 2017.
Contact		Sara Zaremski, Office of Transportation and Air Quality, Compliance Division, Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105; telephone number: 734-214-4362; fax number: 734-214- 4053; email
FR Citation		82 FR 33904