[Federal Register Volume 78, Number 35 (Thursday, February 21, 2013)]
[Notices]
[Pages 12051-12052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04033]


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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OA-2013-0065; FRL-9784-1]


Access by EPA Contractors to Information Claimed as Confidential 
Business Information (CBI) Submitted Under Title II of the Clean Air 
Act and Related to the Nonroad Diesel Engine Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA's Office of Transportation and Air Quality (OTAQ) plans to 
authorize various contractors to access information which was submitted 
to EPA under Title II of the Clean Air Act that may be claimed as, or 
may be determined to be, confidential business information (CBI). 
Access to this information, which is related to the Nonroad Diesel 
Engine Program will begin on February 22, 2013.

DATES: EPA will accept comments on this Notice through February 26, 
2013.

FOR FURTHER INFORMATION CONTACT: Elizabeth Kopits, Environmental 
Protection Agency, 1200 Pennsylvania Avenue NW., Mail Code: 1809T, 
Washington, DC 20460; telephone number: 202-566-2299; fax number: 202-
566-2338; email address: [email protected].

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 manufacture nonroad diesel 
engines and equipment and any other parties subject to the regulations 
found in 40 CFR parts 89 and 1039.
    This Federal Register notice may be of particular relevance to 
parties that have submitted data under the above-listed programs or 
systems. Since other parties may also be interested, the Agency has not 
attempted to describe all the specific parties that may be affected by 
this action. If you have further 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 Federal Register 
notice under Docket EPA-HQ-OA-2013-0065.
    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-OA-2013-0065 will be available 
for public viewing at the EPA Docket Center (EPA/DC), EPA West, Room 
3334, 1301 Constitution Avenue NW., Washington, DC 20460. The EPA 
Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., 
Monday through Friday, excluding legal holidays. The telephone number 
for the Reading Room is (202) 566-1744.

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

    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 (e.g., compliance on average), we collect compliance 
reports and other information from them. Occasionally, the information 
submitted is claimed to be confidential business information (CBI). 
Information submitted under such a claim is handled in accordance with 
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 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 non-disclosure agreements before they are granted 
access to data.
    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 the Clean Air Act and in connection with the nonroad diesel 
engine program and we are providing notice and an opportunity to 
comment. OTAQ collects this data in order to monitor compliance with 
the nonroad diesel engine program and to permit regulated parties 
flexibility in meeting regulatory requirements through the trading of 
RINs. We are issuing this Federal Register notice to inform all 
affected submitters of information that we plan to grant access to 
material that may be claimed as CBI to the contractors identified below 
on a need-to-know basis.
    Under Contract Number EP-W-11-003, Abt Associates, 4550 Montgomery

[[Page 12052]]

Avenue, Suite 800 North, Bethesda, MD 20814, and its subcontractor, 
Engine, Fuel, and Emissions Engineering, Incorporated (EF&EE), 3221 
Fitzgerald Road, Rancho Cordova, CA 95670, is providing support to 
EPA's National Center for Environmental Economics (NCEE) on a 
retrospective analysis of costs of selected regulatory actions, 
evaluating the degree to which ex-ante costs and ex-post costs of 
regulations differ and exploring possible reasons for cost divergence 
where it exists, that involves access to information claimed as CBI, 
including the sales projections provided by nonroad diesel engine 
manufacturers in their certification applications. Access to data, 
including information claimed as CBI, will commence on February 22, 
2013, and will continue until September 10, 2013. If the contract is 
extended, this access will continue for the remainder of the contract 
without further notice.
    Parties who wish further information about this Federal Register 
notice or about OTAQ's disclosure of information claimed as CBI to 
contractors may contact the person listed under FOR FURTHER INFORMATION 
CONTACT.

List of Subjects

    Environmental protection; Confidential business information.

    Dated: January 31, 2013.
Al McGartland,
Director, National Center for Environmental Economics, Office of 
Policy, Office of the Administrator.
[FR Doc. 2013-04033 Filed 2-20-13; 8:45 am]
BILLING CODE 6560-50-P