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, 44303 [2016-16144]

Download as PDF Federal Register / Vol. 81, No. 130 / Thursday, July 7, 2016 / Notices Dated: June 28, 2016. Lorie J. Schmidt, Associate General Counsel. [FR Doc. 2016–16143 Filed 7–6–16; 8:45 am] BILLING CODE 6560–50–P 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 Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: 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: kulschinsky.edward@epa.gov. 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 srobinson on DSK5SPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:23 Jul 06, 2016 Jkt 238001 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 nonroad 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 ENVIRONMENTAL PROTECTION AGENCY [FRL–9948–80–OECA] National Environmental Justice Advisory Council; Notification of Public Teleconference and Public Comment Environmental Protection Agency (EPA). ACTION: Notification of public teleconference. AGENCY: Pursuant to the Federal Advisory Committee Act (FACA), Public Law 92–463, the U.S. Environmental Protection Agency (EPA) hereby provides notice that the National Environmental Justice Advisory Council (NEJAC) will meet on the dates and times described below. All meetings are open to the public. Members of the public are encouraged to provide SUMMARY: PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 44303 comments relevant to the specific issues being considered by the NEJAC. For additional information about registering to attend the meeting or to provide public comment, please see ‘‘Registration’’ under SUPPLEMENTARY INFORMATION. Due to a limited number of telephone lines, attendance will be on a first-come, first served basis. Preregistration is required. DATES: The NEJAC will host a public teleconference meeting on Wednesday, July 20, 2016, at 3:00 p.m. Eastern Time. The topics of discussion will include: (1) Water infrastructure financing in vulnerable and overburdened communities and (2) the implementation and outreach of EPA’s Revised Agricultural Worker Protection Regulation. Public comment period relevant to the specific issues being considered by the NEJAC (see SUPPLEMENTARY INFORMATION) is scheduled for Wednesday, July 20, 2016 starting at 5:00 p.m. Eastern Time. Members of the public who wish to participate during the public comment period are highly encouraged to preregister by 11:59 p.m., Eastern Time, on Monday, July 18, 2016. FOR FURTHER INFORMATION CONTACT: Questions or correspondence concerning the teleconference meeting should be directed to Karen L. Martin, U.S. Environmental Protection Agency, by mail at 1200 Pennsylvania Avenue NW., (MC2201A), Washington, DC 20460; by telephone at 202–564–0203; via email at martin.karenl@epa.gov; or by fax at 202–564–1624. Additional information about the NEJAC is available at: www.epa.gov/ environmentaljustice/nejac. SUPPLEMENTARY INFORMATION: The Charter of the NEJAC states that the advisory committee ‘‘will provide independent advice and recommendations to the Administrator about broad, crosscutting issues related to environmental justice. The NEJAC’s efforts will include evaluation of a broad range of strategic, scientific, technological, regulatory, community engagement and economic issues related to environmental justice.’’ Registration Registrations for the July 20, 2016, pubic teleconference will be processed http://nejac-teleconference-july-202016.eventbrite.com. Pre-registration is required. Registration for the July 20, 2016, teleconference meeting closes at 11:59 p.m., Eastern Time on Monday, July 18, 2016. The deadline to sign up to speak during the public comment period, or to submit written public comments, is also 11:59 p.m., Eastern E:\FR\FM\07JYN1.SGM 07JYN1

Agencies

[Federal Register Volume 81, Number 130 (Thursday, July 7, 2016)]
[Notices]
[Page 44303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16144]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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: 
kulschinsky.edward@epa.gov.

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