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Intent To Disclose Confidential Business Information Contained in Vehicle Sales Data for Model Years 2009-2014 to the U.S. Energy Information Administration for Use in Modeling and Projecting Energy Demand in the Light-Duty Vehicle Sector


American Government

Intent To Disclose Confidential Business Information Contained in Vehicle Sales Data for Model Years 2009-2014 to the U.S. Energy Information Administration for Use in Modeling and Projecting Energy Demand in the Light-Duty Vehicle Sector

Byron J. Bunker
Environmental Protection Agency
31 May 2016


[Federal Register Volume 81, Number 104 (Tuesday, May 31, 2016)]
[Notices]
[Pages 34334-34335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12802]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9947-14-OAR]


Intent To Disclose Confidential Business Information Contained in 
Vehicle Sales Data for Model Years 2009-2014 to the U.S. Energy 
Information Administration for Use in Modeling and Projecting Energy 
Demand in the Light-Duty Vehicle Sector

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: On May 12, 2016, the Environmental Protection Agency received 
a written request from the U.S. Energy Information Administration (EIA) 
for historical model year sales data

[[Page 34335]]

for years 2009 through 2014 by manufacturer and nameplate. This 
requested data may contain confidential business information (CBI). 
Pursuant to 40 CFR 2.209(c), 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 June 10, 
2016.

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: zaremski.sara@epa.gov.

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 Years 2009-2014

    In their May 12, 2016 request letter to EPA, EIA requested that EPA 
provide to EIA historical model year sales data for years 2009 through 
2014 by manufacturer and nameplate. As noted above, 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 2009 through 2014 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 (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: May 24, 2016.
Byron J. Bunker,
Director, Compliance Division, Office of Transportation and Air 
Quality, Office of Air and Radiation.
[FR Doc. 2016-12802 Filed 5-27-16; 8:45 am]
 BILLING CODE 6560-50-P

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