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)

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, 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