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2015-09-19
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Request for Public Comments on NHTSA Enforcement Guidance Bulletin 2015-01: Recommended Best Practices for Protective Orders and Settlement Agreements in Civil Litigation
Notices
D09002ee1c184fd4c
D09002ee1c184fdde
United States
Department of Transportation
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org
United States Government Agency or Subagency
United States
National Highway Traffic Safety Administration
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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
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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
Federal Register
Vol. 80, no. 182
Office of the Federal Register, National Archives and Records Administration
2015-09-21
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185 p.
Table of Contents:
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https://www.govinfo.gov/app/details/FR-2015-09-21
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0097-6326
0042-1219
0364-1406
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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
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