United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2015_register executive 2015-09-19 article Notices D09002ee1c7f71c18 D09002ee1c7f71caa United States Department of Transportation originator org United States Government Agency or Subagency United States National Highway Traffic Safety Administration originator org United States Government Agency or Subagency NHTSA's ability to identify and define safety-related motor vehicle defects relies in large part on manufacturers' self-reporting. However, although federal regulations may require them to report certain information to NHTSA, manufacturers do not always do so, or do not do so in a timely manner. Additionally, the information a manufacturer is required to report varies greatly depending on the product and company size and purpose. Given these constraints, safety- related information developed or discovered in private litigation is an important resource for NHTSA. This proposed Enforcement Guidance Bulletin sets forth NHTSA's current thinking on this topic, and guiding principles and best practices to be utilized in the context of private litigation. To the extent protective orders, settlement agreements, or other confidentiality provisions prohibit information obtained in private litigation from being transmitted to NHTSA, such limitations are contrary to Rule 26 of the Federal Rules of Civil Procedure, its state corollaries, and sound principles of public policy. Although such restrictions are generally prohibited by applicable rules and law, the Agency recommends that litigants include a specific provision in any protective order or settlement agreement that provides for disclosure of relevant motor vehicle safety information to NHTSA, regardless of any other restrictions on the disclosure or dissemination of such information. This notice solicits comments from the public, from counsel, and from other interested parties concerning this proposed enforcement guidance, and best practices to be followed by litigants in private litigation regarding protective orders and settlement agreements that contain confidentiality provisions limiting disclosure of safety- related information. 80 FR 57046 https://www.govinfo.gov/app/details/FR-2015-09-21/2015-23638 2015-23638 fr21se15-131 4910-59-P Docket No. NHTSA-2015-0095 Notice 1 https://www.govinfo.gov/app/details/FR-2015-09-21/2015-23638 https://www.govinfo.gov/content/pkg/FR-2015-09-21/html/2015-23638.htm https://www.govinfo.gov/content/pkg/FR-2015-09-21/pdf/2015-23638.pdf 4 p. 57046 57049 80 FR 57046 Request for Public Comments on NHTSA Enforcement Guidance Bulletin 2015-01: Recommended Best Practices for Protective Orders and Settlement Agreements in Civil Litigation; Federal Register Vol. 80, Issue NOTICE 2015-23638 DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 2015-10-19 Docket No. NHTSA-2015-0095 Notice 1 4910-59-P 2015-23638 Request for public comments.

NHTSA's ability to identify and define safety-related motor vehicle defects relies in large part on manufacturers' self-reporting. However, although federal regulations may require them to report certain information to NHTSA, manufacturers do not always do so, or do not do so in a timely manner. Additionally, the information a manufacturer is required to report varies greatly depending on the product and company size and purpose. Given these constraints, safety- related information developed or discovered in private litigation is an important resource for NHTSA. This proposed Enforcement Guidance Bulletin sets forth NHTSA's current thinking on this topic, and guiding principles and best practices to be utilized in the context of private litigation. To the extent protective orders, settlement agreements, or other confidentiality provisions prohibit information obtained in private litigation from being transmitted to NHTSA, such limitations are contrary to Rule 26 of the Federal Rules of Civil Procedure, its state corollaries, and sound principles of public policy. Although such restrictions are generally prohibited by applicable rules and law, the Agency recommends that litigants include a specific provision in any protective order or settlement agreement that provides for disclosure of relevant motor vehicle safety information to NHTSA, regardless of any other restrictions on the disclosure or dissemination of such information. This notice solicits comments from the public, from counsel, and from other interested parties concerning this proposed enforcement guidance, and best practices to be followed by litigants in private litigation regarding protective orders and settlement agreements that contain confidentiality provisions limiting disclosure of safety- related information.

All comments should be submitted early enough to ensure that Docket Management receives them not later than October 19, 2015. Kara Fischer, Office of the Chief Counsel, NCC-111, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590 (telephone: 202-366-8726). Enforcement Guidance Bulletins: Recommended Best Practices for Protective Orders and Settlement Agreements in Civil Litigation , http://www.regulations.gov www.safercar.gov/rs/chrysler/pddfs/FCA_Consent_Order.pdf Vol. 80, no. 182 Office of the Federal Register, National Archives and Records Administration 2015-09-21 continuing daily deposited born digital 185 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2015-09-21 P0b002ee18d8fc56b 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr21se15 https://www.govinfo.gov/app/details/FR-2015-09-21 https://www.govinfo.gov/content/pkg/FR-2015-09-21/pdf/FR-2015-09-21.pdf https://www.govinfo.gov/content/pkg/FR-2015-09-21/xml/FR-2015-09-21.xml fdlp 56893 57068 DGPO 2015-09-19 2024-06-02 FR-2015-09-21 machine generated eng FR FR-2015-09-21 80 182