Contractor Access to Vehicle and Engine Information Claimed as Confidential Business Information (CBI) Submitted Under Title II of the Clean Air Act

Byron J. Bunker
Environmental Protection Agency
July 15, 2014

[Federal Register Volume 79, Number 135 (Tuesday, July 15, 2014)]
[Notices]
[Pages 41273-41275]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16574]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2013-0451; FRL-9913-70-OAR]


Contractor Access to Vehicle and Engine Information Claimed as 
Confidential Business Information (CBI) Submitted Under Title II of the 
Clean Air Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA's) Office of 
Transportation and Air Quality (OTAQ) has authorized various 
contractors to access information which has been submitted to EPA under 
Title II of the Clean Air Act and that is claimed to be, or has been 
determined to be, confidential business information (CBI). EPA is 
providing notice of past disclosure and of ongoing and contemplated 
future disclosure.

DATES: Access by EPA contractors to material discussed in this Notice 
that has been either claimed or determined to be confidential business 
information (CBI) is ongoing and is expected to continue in the future. 
EPA will accept comments on this Notice through July 21, 2014.

FOR FURTHER INFORMATION CONTACT: Julian M. Davis, Attorney-Advisor, 
Environmental Protection Agency, 2000 Traverwood, Ann Arbor, Michigan 
(48105); Telephone number: 734-214-

[[Page 41274]]

4029; Fax number: 734-214-4053; Email address: davis.julian@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Does this notice apply to me?

    This action is directed to the general public. However, this action 
may be of particular interest to parties who submit or have previously 
submitted information to EPA regarding the following programs:

------------------------------------------------------------------------
                Program                        Regulation citation
------------------------------------------------------------------------
Certification and defect reporting/      40 CFR part 86 and 40 CFR part
 recall of light-duty vehicles,           85, subpart T.
 motorcycles and heavy-duty on-highway
 vehicles and engines.
Certification and defect reporting/      40 CFR part 89, subparts B and
 recall of non-road compression-          I, 40 CFR part 1039, subpart
 ignition engines.                        C, and 40 CFR part 1068,
                                          subpart F.
Certification and defect reporting/      40 CFR part 90, subparts C and
 recall of spark-ignition engines less    I, 40 CFR part 1054, subpart
 than or equal to 19 kilowatts.           C, and 40 CFR part 1068,
                                          subpart F.
Certification and defect reporting/      40 CFR part 91, subparts B and
 recall of marine spark-ignition          J, 40 CFR part 1045, subpart
 engines.                                 C, and 40 CFR part 1068,
                                          subpart F.
Certification and defect reporting/      40 CFR part 92, subparts C and
 recall of locomotives.                   E, 40 CFR part 1033, subpart
                                          C, and 40 CFR part 1068,
                                          subpart F.
Certification and defect reporting/      40 CFR part 94, subparts C and
 recall of marine compression-ignition    E, 40 CFR part 1042, subpart
 engines.                                 C, and 40 CFR part 1068,
                                          subpart F.
Certification of large nonroad spark-    40 CFR part 1048, subpart C,
 ignition engines.                        and 40 CFR part 1068, subpart
                                          F.
Certification of recreational engines    40 CFR part 1051, subpart C,
 and vehicles.                            and 40 CFR part 1068, subpart
                                          F.
Certification of non-road and            40 CFR part 1060, subpart C.
 stationary equipment for evaporative
 emissions compliance.
Fuel economy information...............  40 CFR part 600.
------------------------------------------------------------------------

    Reports submitted to EPA under 40 CFR parts 86 and 600 related to 
engine and vehicle compliance, such as light-duty certification and 
fuel economy information, are commonly referred to by the name of the 
reporting system itself--i.e., Verify, the EPA's vehicle and engine 
compliance information system. If you have any questions regarding the 
applicability of this action to a particular party, please contact the 
person listed in FOR FURTHER INFORMATION CONTACT.

II. How can I get copies of this document and other related 
information?

A. Electronically

    EPA has established a public docket for this Notice under Docket 
EPA-HQ-OAR-2013-0451. All documents in the docket are identified in the 
docket index available at http://www.regulations.gov. Although listed 
in the index, some information is not publicly available, such as 
confidential business information (CBI) or other information for which 
disclosure is restricted by statute. Certain materials, such as 
copyrighted material, will only be available in hard copy at the EPA 
Docket Center.

B. EPA Docket Center

    Materials listed under Docket EPA-HQ-OAR-2013-0451 will be 
available for public viewing at the EPA Docket Center (EPA/DC), EPA 
West, Room 3334, 1301 Constitution Avenue NW., Washington, DC. The EPA 
Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., 
Monday through Friday, excluding Federal holidays. The telephone number 
for the Reading Room is (202) 566-1744, and the telephone number for 
the Air Docket is (202) 566-1742.

III. Description of Programs and Potential Disclosure of Information 
Claimed as Confidential Business Information (CBI) to Contractors

    The EPA's Office of Transportation and Air Quality (OTAQ) has 
responsibility for protecting public health and the environment by 
regulating air pollution from motor vehicles, engines, and the fuels 
used to operate them, and by encouraging travel choices that minimize 
emissions. In order to implement various Clean Air Act programs, and to 
permit regulated entities flexibility in meeting regulatory 
requirements, we collect compliance data and other information from 
them. Typically, the information submitted is claimed to be CBI. 
Information submitted under such a claim is handled in accordance with 
the EPA's regulations at 40 CFR part 2, subpart B and in accordance 
with EPA procedures, including comprehensive system security plans 
(SSPs), that are consistent with those regulations. When the EPA has 
determined that disclosure of information claimed as CBI to contractors 
is necessary, the corresponding contract must address the appropriate 
use and handling of the information by the contractor and the 
contractor must require its personnel who require access to information 
claimed as CBI to sign written nondisclosure agreements before they are 
granted access to the information.
    Controls regarding the handling of information claimed as CBI, 
including sharing of information with contractors, are also addressed 
in individual SSPs. The required SSPs adhere to EPA regulations and 
policies, as well as with the National Institute of Standards and 
Technology (NIST) Standard 800-53, ``Recommended Security Controls for 
Federal Information Systems and Organizations.'' (NIST Standard 800-53 
addresses technical, physical, environmental and other controls for 
information systems, including Local Area Networks (LANs) where 
information claimed as CBI may be stored.) Security plans address 
background investigations, required training, and rules of behavior for 
employees and contractors who require access to information claimed as 
CBI.
    In accordance with 40 CFR 2.301(h), we have determined that the 
contractors, subcontractors, and grantees (collectively referred to as 
``contractors'') listed below require access to CBI submitted to us 
under Title II of the Clean Air Act and in connection with various OTAQ 
programs related to vehicles and engines and are providing notice and 
an opportunity to comment. OTAQ collects this data and related 
information in order to monitor compliance with Clean Air Act programs 
and, in many cases, to permit regulated parties flexibility in meeting 
regulatory requirements. For example, data that may contain CBI is 
collected in order to determine if equipment manufacturers may be 
eligible for regulatory relief under EPA's Transition Program for 
Equipment Manufacturers (40 CFR Parts 89, 1039 and 1054). The nature of 
the work and its necessity, and the type of access granted, is 
described below for each contractor. Normally, EPA is required to

[[Page 41275]]

give affected businesses notice and an opportunity to comment at least 
five (5) working days prior to disclosure of information claimed as CBI 
to a Federal contractor. This Federal Register Notice provides notice 
to all affected businesses that, as described below, certain 
information may be provided to EPA contractors. We are publishing this 
notice in order to comply with the notification requirements of 40 CFR 
part 2, subpart B. We are issuing this notice to inform all submitters 
of information related to various vehicle and engine programs that we 
have provided, and may in the future provide, access to material 
claimed as CBI to the contractors identified below on a need-to-know 
basis.
    Under Contract Number EP-C-13-033, Jacobs Technology, Inc., 600 
William Northern Boulevard, Tullahoma, Tenessee 37388, provides support 
services for vehicle and engine emission certification programs to the 
National Vehicle and Fuel Emissions Laboratory in Ann Arbor, Michigan. 
Access by this contractor to vehicle and engine data and information 
claimed as CBI under this contract commenced on September 1, 2013 and 
will continue for the remainder of the contract and any further 
extensions without further notice.
    Under contract number GSF4381G, Computer Sciences Corporation 
(CSC), 8400 Corporate Drive, New Carrollton, Maryland 20785, provides 
Information Technology (IT) support services related to the EPA's 
vehicle and engine compliance information system, commonly known as the 
Verify system. Access by this contractor to vehicle and engine data and 
information under this contract, including information claimed as CBI, 
has been ongoing since September 11, 2009 and is expected to continue 
through September 10, 2015. If the contract is extended, this access 
will continue for the remainder of the contract and any further 
extensions without further notice.
    Under contract number GS00Q09BGD0022, CGI Federal, 12601 Fair Lakes 
Circle, Fairfax, Virginia 22033, provides technical and IT support for 
the Verify system. Access by this contractor to vehicle and engine data 
and information claimed as CBI commenced on January 1, 2012 and will 
continue through December 31, 2014. If the contract is extended this 
access will continue for the remainder of the contract and any further 
extensions without further notice.
    Under contract number EP-C-11-007, SRA International, 4300 Fair 
Lakes Court, Fairfax, Virginia 22033, has provided and will continue to 
provide technical and analytical support for the OTAQ. Access by this 
contractor to vehicle and engine data and information under this 
contract claimed as CBI commenced on February 1, 2011 and will continue 
until December 31, 2014.
    The Office of Transportation and Air Quality utilizes the services 
of enrollees under the Senior Environmental Employment (SEE) program. 
SEE funding for enrollees is provided through three grant programs. 
SSAI grant 835572 and SSAI grant Q835372 located at 
Suite 1200, Coles Field Road, Silver Spring, Maryland 20910; and the 
National Association for Hispanic Elderly (NAHE) grant number 835418, 
located at 234 E. Colorado Blvd., Suite 300, Pasadena, California 
91101. SSAI grant 835572 commenced on November 1, 2013 and 
will continue until October 31, 2016. SSAI grant Q835372 
commenced on November 1, 2012 and will continue until October 31, 2015. 
NAHE grant 835418 commenced on December 1, 2013 and will 
continue until November 30, 2016. SEE grantees have access to data and 
other information relating to all of the OTAQ's engine and vehicle 
programs, including information claimed as CBI. If the grant is 
extended, this access will continue for the remainder of the grant and 
any future extensions without further notice.
    Parties who wish further information about this Federal Register 
notice or about OTAQ's disclosure of information designated or claimed 
as CBI to contactors may contact the person listed under FOR FURTHER 
INFORMATION CONTACT.

    Dated: July 7, 2014.
Byron J. Bunker,
Director, Compliance Division, Office of Transportation and Air 
Quality.
[FR Doc. 2014-16574 Filed 7-14-14; 8:45 am]
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