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Heavy Duty Trucking / July 8, 2016 Ohio state agencies have teamed up to develop procedures for deaf or hearing-impaired Ohioans who qualify for a federal hearing-exemption waiver to train and test for obtaining a Commercial Driver’s License (CDL). While the process to obtain a hearing exemption waiver was instituted by the Federal Motor Carrier Safety Administration in 2013, the three state agencies-- Ohio Bureau of Motor Vehicles, Office of Criminal Justice Services and Opportunities for Ohioans with Disabilities-- contend that the Buckeye State is “leading the way as one of the first states to implement testing.” BMV, OCJS and OOD said on July 6 that they took the proactive step of developing the test procedures, which have been distributed to the hearing-impaired community as well as driver-training schools. Since implementing the new CDL testing process, the agencies have seen “immediate interest from individuals with hearing impairments wanting to learn more about pursuing a CDL.” At last report, over a dozen persons were in various phases of obtaining their waiver, training or testing, with at least two individuals successfully obtaining a CDL and securing employment as a commercial driver. OOD approached BMV to collaborate on the project as an outgrowth of the Governor’s Workforce Integration Task Force. Created by the General Assembly in 2014, WIT was charged with gathering and analyzing data to make recommendations to develop effective strategies aimed at helping Ohioans who are deaf or blind reach their highest employment potential. “This collaboration is another example of Ohio breaking down barriers to employment for individuals with disabilities,” said Kevin L. Miller, executive director of OOD. “It means jobs for Ohioans and an expanding workforce for Ohio employers.” “We are proud that this partnership has helped set standards and guidelines for CDL testing for the hearing impaired community in Ohio,” added BMV Registrar Don Petit. Calling truck-driving an “in-demand occupation” in the state, the agencies noted that, between April 2014 and May 2016, some 28,000 job openings with a CDL requirement were posted. The CDL testing is available to candidates 18 years and older holding a valid Ohio driver’s license. They must first secure an FMCSA hearing-exemption waiver and then a CDL Temporary Instruction Permit Identification Card. The TPIC is acquired by passing vision and knowledge testing. The CDL testing itself requires passing a three-part skills test within three hours. In addition, BMV and OOD are developing a video with American Sign Language (ASL) that explains the requirements and testing process. The video will be available through both the BMV and OOD websites this fall so that individuals, driving schools and employers, can learn about the testing and licensure process.

On Sunday, Dallas Mayor Mike Rawlings said marchers carrying weapons and dressed in body armor had distracted law enforcement from the actual gunman on Thursday. He said that other individuals carrying guns on the scene “took our eye off the ball for a moment”. “You can carry a rifle legally and when you have gunfire going on, you usually go with the person that’s got a gun,” he said. “And so our police grabbed some of those individuals, took them to police headquarters and worked it out and figured out that they were not the shooters. But that is one of the real issues with the gun rights issues that we face – that in the middle of a firefight, it’s hard [impossible] to pick out the good guys and the bad guys.” The Dallas shooting illustrated the way people who openly carry guns can hinder law enforcement responses to active shooter scenarios. Dallas police said up to 30 people were carrying rifles during a protest on the night that a man opened fire on police officers, complicating law enforcement’s attempts to identify the gunman. Not a single one of these people carrying firearms out there in (Dallas) Texas caught this guy in what he was doing. It drained law enforcement resources and subjected citizens to being unnecessarily taken into custody. We should all be very grateful that nobody else got hurt. -------------------------------------------------------------------------------------------------------- Why would a civilian in the United States ever need to carry an assault rifle in public? Unless they plan to use it? Or it makes them feel “bigger” Last time I checked, America had not (yet) become a lawless Somalia-like place. There's no just reason for fellow Americans to be carrying assault rifles around myself, my spouse and my children's families. .

"When there are 60 shootings in Chicago over the 4th of July and 14 murders and Black Lives Matter is nonexistent, and then there's one police murder of very questionable circumstances and we hear from Black Lives Matter, we wonder, do black lives matter or only the very few black lives that are killed by white policeman." Former New York City Mayor Rudy Giuliani .

The Wall Street Journal / July 8, 2016 Trucking companies cut payrolls by 6,300 jobs amid tepid shipping demand, excess capacity Transportation companies stayed out of the U.S. employment surge in June, as trucking and rail operators slashed thousands of jobs, the U.S. Labor Department said Friday. Trucking companies cut 6,300 jobs last month, the biggest month-to-month reduction so far this year in a business that has been scaling back capacity amid tepid demand and declining pricing leverage. Several of the nation’s largest carriers have warned of lower second-quarter profits while new heavy-duty truck orders have reached their lowest point in years. Freight rail operators, hit by steep declines in energy shipments, continued to cut jobs with 1,600 fewer jobs in June. Railroads have cut their employment rolls by 29,600 jobs in the past 12 months. Hiring by warehousing and storage companies remained strong, however, with 4,700 new jobs in June, extending steady growth for a total expansion of 54,600 jobs in the last year. Courier and messenger companies added 1,300 jobs in their fourth consecutive month of growth. Both sectors support e-commerce fulfillment and benefit from the continuing growth of online shopping. U.S. payrolls in total rose by 287,000 jobs in June, surpassing economists’ expectations and calming fears of an economic slowdown. Analysts say job gains across most other sectors may be a good sign for trucking companies, but not a great one because most new jobs were in the service sector. Employment in goods-producing industries increased by 9,000 jobs, the Labor Department’s Bureau of Labor Statistics said, after declining in May. The jobs report and other economic indicators give reason to be “cautiously optimistic,” said Rosalyn Wilson, founder and president of supply chain consultancy FreightMatters. But, she said, most gains “were in the service sector as opposed to being in manufacturing or construction,” and while consumer spending is up, hospitality and retail accounted for much of the growth. “As far as benefit to the transportation industry, I don’t see a lot going on that helps them,” Ms. Wilson said. The overall transportation and logistics sector lost 9,400 jobs from May to June, with trucking accounting for the steepest cutbacks. Transit and passenger ground transportation operators cut employment by 6,000 jobs. Manufacturers, which typically have a strong impact on trucking demand, grew by 14,000 jobs in June, while adjusted figures show 16,000 cuts a month earlier, reflecting recent growth in manufacturing activity. But the sector is still down 42,000 jobs since the beginning of the year, and 29,000 jobs since last June. “This month’s job figures come as a mild relief after May’s dismal numbers. But while the overall economy grew, manufacturing and import-sensitive sectors in particular are still lagging behind,” said Scott Paul, president of the Alliance for American Manufacturing industry group. “Steel and other industries in the manufacturing sector continue to feel the effects of global overcapacity, exports are being squeezed by the strong dollar, and last month’s Brexit will only increase these pressures,” he said.

“Americans of all races and all backgrounds are rightly outraged by the inexcusable attacks on police, whether it’s in Dallas or anyplace else.” President Barrack Obama ---------------------------------------------------------------------------------------------------- Any president would really have to say that. Still, with respect, I disagree. I don’t see any outrage in 99.9% of Americans, because they have become numb to the ocean of violence flooding our country. It was just the other week that an “individual’ killed 49 Americans (and/or illegal immigrants) and injured 53 others. But that was last week. It’s more or less all forgotten as we head into a new week. School killings? Commonplace now. No one pays attention anymore except the parents who have been robbed of their children. Government, or the unseen individuals behind it, are responsible for the management of the country. And frankly, they’re doing a pretty poor job.

We aim to please. Glad you're all set.

In the world of the former Mack Trucks, with a part numbering system never equaled, a suffix letter like "A" or "B" denotes an engineering improvement. It used to be "A" for years. Under Volvo, "B" might mean they made it "cheaper", though your price still went up.

Interstate 94 shutdown west of downtown St. Paul. 20 police officers were injured by protesters who detonated fireworks and flung rocks, concrete, rebar, molotov cocktails and glass bottles at them. .

Baton Rouge "We just can't allow them to block the highway for the purpose of blocking the highway," said Baton Rouge Police Chief Carl Dabadie Jr., at a press conference Sunday to explain arrests. Overall, he said, the department has allowed the state police and sheriff's deputies to take the lead at protests "out of respect" to the community. "My officers are human. They are tired. They are scared," Dabadie said. .

Protesters in Oakland block I-880 in both directions Protests started Thursday around 7 p.m. when a group of approximately 100 demonstrators gathered at Frank Ogawa Plaza, in response to the fatal police shootings of Alton Sterling in Louisiana and Philando Castile in Minnesota. The group quickly grew to about 2,000 people. As the demonstrators made their way toward 6th Street, a group of approximately 1,000 went onto the freeway and blocked traffic in both directions, police said. Police have reported vandalism to the Police Administration Building, including paint on the doors, scratches on glass and broken glass. There have been other incidents of vandalism reported including broken windows and graffiti at nearby businesses, and a Caltrans signboard was set on fire on the highway, police said. .

WRDW 12/Atlanta / July 8, 2016 Protesters in downtown Atlanta have blocked part of Interstate 75/85. An estimated 2,000 people are marching on a ramp to the interstate following a week of shooting across the country. Atlanta’s African-American Mayor, Mohammed Kasim Reed, tweeted a warning to protesters not to block the Connector. That tweet was ignored. Reed tweeted “If you enter the highway, you endanger your own life, the lives of innocent motorists & the lives of our officers. We are better than that,” Earlier, he tweeted: "Today we have had less than ten people arrested during what has been a peaceful protest. We urge anyone protesting not to enter the highway." .

Houston police shoot dead black man pointing a gun in street Reuters / July 9, 2016 Two Houston police officers fatally shot an African-American man who pointed a gun at them despite their commands that he lower his weapon, authorities said on Saturday, two days after five Dallas policemen were slain by a black military veteran. The two Houston officers, both Hispanic, encountered a man standing in the middle of a street with a revolver around 12:40 a.m. while on a routine patrol, police spokeswoman Jodi Silva said. The officers exited their patrol vehicle to speak to the man, who initially had the firearm pointed to the sky. The officers ordered him to lower the weapon, Silva said. "He instead deliberately and slowly lowers his arm and allows it to come to a stop at his waist," Silva said. "Now the gun is pointed directly at officers." Fearing for their safety and for nearby witnesses, both officers discharged their weapons, striking the man, she said. The suspect, who did not fire his gun, died at the scene. The incident unfolded after police came under fire in at least three states on Thursday and Friday, as protests over police use of force against black people escalated around the country. A police officer in Ballwin, Missouri, remained in critical condition on Saturday, a day after he was shot during a traffic stop, said St. Louis County Police. In Georgia, an officer was ambushed and shot on Friday, and in Tennessee a man grazed a police officer with a bullet on Thursday when he opened fire on a hotel and a highway, killing a woman and wounded several others.

Okay, your wife was given a [meaningless Volvo Group global part number] 20705740 teflon rear main seal, which is the same as the old "Mack" part number 446GC310P10. (That plastic band is not a wear band). But it sounds like you'd rather have a 57GC186A.

In 11th hour bid for votes, Democrats embrace $15-an-hour minimum wage CNN / July 9, 2016 Democrats amended their party platform late Friday to call for a $15-an-hour federal minimum wage -- a victory for Bernie Sanders, who is fighting to push the party leftward before his expected endorsement of Hillary Clinton. The amendment calls for the change "over time" -- less specific language than Sanders had wanted, making it a concession for Clinton. But it is much more specific than the previous draft of the platform, which said Americans "should earn more than $15 an hour" but didn't mention the federal minimum wage specifically. The change came at the Democratic National Committee's platform meeting in Orlando. They're set to finalize the party's policy positions -- and attempt to bridge the gaps between Clinton and Sanders -- ahead of the Democrats' convention in Philadelphia later this month. The amendment calling for the $15-an-hour federal minimum wage was introduced by former Ohio State Senator Nina Turner, a Sanders supporter. "Raising the federal minimum wage sets the moral standard in this country that we as Democrats affirm over and over again that ensuring that we don't leave a sister or a brother behind is how we roll," Turner said. "Raising the federal minimum wage is the beginning of creating an America as good as it's promise." Mary Kay Henry, the international president of the Service Employees International Union, proposed adding language that included the phrase "over time." Both were adopted without a fight -- the product of hours of negotiations between the Clinton and Sanders camps at an Orlando hotel on the first day of the two-day meeting. The minimum wage language pushes Clinton left of the position she's taken on the campaign trail. She has supported a $12-an-hour federal minimum wage, as well as local efforts to set higher minimum wages in places like New York and California. Another big fight looms over the Trans-Pacific Partnership. Sanders' camp has pressed for language that would call for the 12-country trade deal to never receive a vote in Congress -- after a new president is sworn in or in a lame-duck session beforehand. That, though, would be a stinging rebuke of President Barack Obama, whose administration negotiated it.

Did your wife receive a 446GC310P10 ? I assume you want the wide wear band seal kit, 57GC186A. The narrow wear band kit, 57GC187A, was for older crankshafts with an oil slinger.

The cultural decay and declining standards of behavior in America. That is the situation before us. Frankly speaking, I love my country. And thus, I have been saddened for many years as I watch decay and decline. I am not alone. The events taking place in American society today are shocking.......and shameful. The definition of “socially acceptable morals and values” is clear to any ordinarily prudent individual. However, unlike the automobile and truck which have “evolved forward”, from primitive machines into the highly sophisticated ones we know today, American society appears to be “regressing”, moving away from the signature morals and values that for decades defined America, and made our great country the envy of the world. The American government, I feel, inherently bears significant responsibility in guiding the positive forward development of American society. However, I don’t believe the U.S. government has actively tried to influence the forward development of American society since the administration of Dwight D. Eisenhower (1953-1961). Over the last 20 years, we have observed what to us in our youth was unthinkable. Who on this forum in their teenage years would have walked into a school and taken the life of another human being. The thought never crossed our minds. But the minds of recent generations are clearly different, indicating that we as a people and government combined are seriously failing in our responsibility to lead society. We have a responsibility to effectively raise the bar of morals and values for each new generation of Americans. However, and clearly so, society is plunging to a lawless state that in some aspects is already out of control. And yet, our government of the people does not speak of this crisis, nor address it. When tragic events occur, leadership utters politically correct words like "troubling" and "heartbreaking", and then resumes their normal routine. At some point several decades ago, the values that shaped our morals and values stopped being taught to a sizable portion of the masses, and we’re seeing the effects today in the form of senseless tragedies. Our government refuses to speak of (acknowledge) America’s crisis in society, apparently taboo in Washington, and has taken no steps to address it. But today, for the first time, the media (U.S. News and World Report) actually put it in print......"the battle against cultural decay and declining standards of behavior [in America]". I believe this the first time major media has spoken on this taboo subject.. An American society with strong moral principles and values is not an option........it is a necessity to safeguarding our future. America has become unraveled more since Ferguson, when a bully and criminal was shot by police. He wove his own ending (https://www.washingtonpost.com/politics/new-evidence-supports-officers-account-of-shooting-in-ferguson/2014/10/22/cf38c7b4-5964-11e4-bd61-346aee66ba29_story.html). Rather than call a spade a spade, Washington kowtowed to protesters supporting this bully and criminal, protesters unwilling to advocate that "All American Lives Matter". As people crowed that black lives matter, they looted the stores in their own Ferguson and Baltimore neighborhoods. That speaks volumes. Unless you state that “all lives matter”, you’ve lost all credibility with civilized society. Being an American should no longer be a given……..it should be a privilege, because enjoying the fruits of America’s high quality of life……is a privilege. A United States citizen may lose their citizenship if they are convicted for treason, seditious conspiracy, or advocating violent overthrow of the government. It may be time to begin using this path, revoking the citizenship of those whose ethics, morals and values are not acceptable within American society. Why did the media fail to state the Dallas gunman was black? When an attacker(s) is white and the victim is black, the press nowadays makes a point of reporting color. For example, the tragic South Carolina church killings. However, when the attackers are black and the victims are white, the media no longer mentions color. Why the double standard? Either stop mentioning color, as people are people regardless of color (all lives matter), or mention color in any circumstance.

Veteran charged in Tennessee highway shootings was angry about violence against blacks The Portland Press Herald / July 8, 2016 A black Army veteran who shot indiscriminately at passing cars and police on a Tennessee highway told investigators that he was troubled by police violence against African-Americans, authorities said Friday. It was one of several spasms of violence across the country this week amid boiling tension over policing and race. One woman died and three others, including one police officer, were injured in the rampage early Thursday morning. Meanwhile, police say officers have also been targeted in Georgia and Missouri in the aftermath of two high-profile killings of black men by law enforcement and the Dallas attack, which left five officers dead and seven more wounded. Other departments reported being bombarded with threats and some implemented new policies requiring officers to patrol in pairs. Civilians also have been caught in the fray. The woman who died in Tennessee was a newspaper carrier driving down the highway. The Tennessee Bureau of Investigation said in a news release that initial conversations with the suspect, Lakeem Keon Scott, 37, who is black, revealed he was troubled by the incidents in other states, hundreds of miles away. All those shot were white, police said. Scott, armed with an assault rifle, a pistol and a large amount of ammunition – was wounded in a shootout with police early Thursday and remains hospitalized. Police were not able to interview him until late Friday morning, according to a statement from the Tennessee Bureau of Investigation. Hours before, as Scott was in the hospital, 12 officers were shot at a Black Lives Matter protest in Dallas. Police say the sniper declared he was angry about the police shootings of black men and wanted to exterminate whites. Five of the officers died. In south Georgia, police said one officer was ambushed Friday when he came to an apartment complex to investigate a report of a break-in. Another officer was fired upon by a motorist north of Atlanta. And just outside St. Louis, police say an officer was ambushed during a traffic stop. Scott, who has no criminal history, grew up in New York City and moved to Tennessee fairly recently. His cousin said he has relatives in Tennessee and likely moved there because of a lower cost of living. She said he was in the Army but was injured at some point, collected disability payments and did not have a job. Army spokeswoman Lt. Col. Jennifer Johnson confirmed he served from January 1998 to June 1999. He was a private in the 5th Battalion 5th Air Defense Artillery Regiment, stationed in South Korea. One of Scott’s brothers, Gerard Griffin, said Scott has three brothers and two sisters and often acted as their “protector.” Griffin said his brother “was a little angry” when he came back from the military. “He seemed to be getting more and more frustrated with the condition of black people in America,” Griffin said. One of those wounded was the longtime front desk clerk at a Days Inn hotel, Deborah Watts, who was in serious but stable condition. Investigators say Scott fired first at the hotel. “She is like a family to us,” said Days Inn owner Kiran Patel. “It’s horrible. I don’t know how to explain how horrible.” Newspaper carrier Jennifer Rooney, a 44-year-old mother of two, was on her way to pick up papers for the morning delivery when a bullet struck her. The Bristol Herald-Courier reported that her car careened over a median and crashed through a chain link fence. “I don’t think she had an enemy in her life,” her husband, David Rooney, told the newspaper. “She was the type of person that could have a disagreement with someone and 10 minutes later turn around and help them, and that rubbed off on everybody who she came in contact with.” David Whitman Davis was also injured by flying glass from the gunfire, the TBI said. Officer Matthew Cousins was hit in the leg. He was treated for superficial injuries and released. Scott was stuck by the officers returning fire. He remains in the hospital in serious but stable condition. Griffin said he’s struggling to understand how his brother’s frustration may have led to violence. “Don’t get me wrong, everything he did was wrong,” Griffin said. “I ain’t condoning nothing he did, at all. But frustration, we can all understand that.”

You were initially told by Dallas Police Chief David Brown that at least two snipers fired from an elevated position on police officers minutes before 9 p.m. local time (10 p.m. ET). Authorities called it an "ambush-style" shooting. Dallas Police Chief David Brown is no dummy. He is a graduate of the FBI National Academy and the FBI National Executive Institute, the Senior Management Institute for Police, the National Counter-Terrorism Seminar in Tel Aviv, and the United States Secret Service dignitary protection seminar. Furthermore, he is certified by the State of Texas as a master peace officer and a police instructor. "We believe that these suspects were positioning themselves in a way to triangulate on these officers from two different perches in garages in the downtown area, and planned to injure and kill as many law enforcement officers as they could," Dallas Police Chief David Brown said, noting that some victims were shot in the back. But now, you’re told that just one gunman caused all the carnage. (One can’t help but recall that authorities say Lee Harvey Oswald acted as a lone sniper in 1963 in the murder of President John F. Kennedy. They claim there was no second gunman)

In the aftermath of the Dallas police massacre, black protesters danced with joy over the murder of five fellow Americans and the injuring of 7 others at a 7-Eleven. Watch for it at 0:50 ( A United States citizen may lose their citizenship if they are convicted for treason, seditious conspiracy, or advocating violent overthrow of the government. It may be time to begin using this path, revoking the citizenship of those whose ethics, morals and values are not acceptable within American society. ) .

U.S. News & World Report / July 8, 2016 Life comes at us mostly as a series of simple, little decisions, more often than not binary in nature. Up or down? Left or right? On or off? Trump or Clinton? We should be grateful things can be broken down into easily digestible blocks, because if the last few days are any indication, our culture's capacity for handling anything more nuanced is rapidly evaporating. There's a lot more to the discussion of whether black lives matter and how the police behave than a set of simple choices. Black lives matter. All lives matter. Police lives matter. Human lives matter. Those spoiling for violence in the street, however, feel differently. To them a human life matters as mere political currency, useful in the pursuit of sociological objectives that will uproot the values upon which our republic was founded. To them that's a good thing. Breaking individuals up into groups and then pitting one or more groups against another is the way forward, down the path leading to the destruction of our civic, political and cultural institutions. No rules, just right – to borrow a slogan from the hospitality industry – with right as might makes it. Democracy as practiced by the mob, with no space for dissent and no protection given to dissenters. How we got as far down that road as we have is not an easy thing to explain. We've found ourselves atop thousands of slippery slopes over the last 30 years; we dodged a few but stumbled down others. Now we're picking up speed as the decline is accelerating, much as the late Daniel Patrick Moynihan suggested we would when he coined the phrase "defining deviancy down." Though others would and have argued strenuously against it, it is possible to be gravely concerned about the abuses of power and deadly force we see – or we think we see – on videos bystanders take with their phones and at the same time remain a supporter of the police and the rule of law. In fact, it is not only possible but necessary, if our common civilization is to survive and once again prosper. It is not wrong to suggest the police have too much power, that the training they receive in handling confrontation is too often a lesson in how to provoke the very confrontation they are trying to avoid. After viewing any of the police reality shows that populate basic cable, one wonders how many of them really understand concepts like due process and probable cause. On the other hand, the police are on the front line in the battle against cultural decay and declining standards of behavior [in the United States]. There are people out there for whom the color blue is a trigger to violence, something that was tragically proven Thursday night in Dallas. Yet when the shooting started, they didn't throw down their guns and scatter; no, they rallied to protect the demonstrators (who were themselves in a very real sense protesting the conduct of the police generally) and get them out of harm's way. Courage under fire, grace under pressure – which is what we would like to see from police everywhere and at all times, forgetting that they are all too human, just like the rest of us. This does not excuse it when one of their own abuses what they have been given by virtue of a badge, a gun and the ability to call in reinforcements. This is a power used lightly, as a last resort whenever and wherever possible. When the Black Lives Matter movement and others encourage active resistance to that authority, the die is cast and a vicious circle of death and destruction appears. At the same time, we must stop pretending that those who come up short in these encounters are not innocent bystanders minding their own business and are singled out for scrutiny solely because of the color of their skin. There is no quick, easy solution to these problems. People should be allowed to record interactions with police that involve them or occur in front of them. The police should be held accountable for their behavior at all times and these videos, even when they are misleading, help in that process. The police must show respect to those whom they stop and question, and those who are stopped and questioned must show respect to the police. Black lives in blue uniforms matter just as much as any other and pointing this out, as well as the fact that all lives matter, is not indicative of disrespect and should not be taken that way. We are all created equal and endowed by our Creator with certain unalienable rights. How we exercise those rights reflects the content of our character and we must all be prepared to own it. It will be difficult, especially with the rhetoric as white hot as it currently is and with too much blood in the streets, to revive a spirit of mutual respect and cooperation, but that is the only place true healing can begin.

Thanks. The Primaax is very popular in Australia, particularly on road train prime movers. I suggest it would be an altogether different "air suspension" experience for you than the Neway. It's a heavy duty suspension perfect for logging, but not excessively heavy. http://www.hendrickson-intl.com/Truck/Vocational/Primaax-EX .

Trucks.com / July 7, 2016 Navistar appears to be working on an update of its International ProStar Class 8 semi-truck (the “LT” Series). These spy shots of the new model were taken when the truck manufacturer was testing the vehicle in Colorado near the Eisenhower tunnel on I-70 in late June. The truck was first unveiled in 2006, part of a $300 million development project. Now it looks like Navistar is making changes to the cab, perhaps to improve aerodynamics as the trucking industry gets ready for the final Phase 2 Greenhouse Gas Emissions Standards from the Environmental Protection Agency expected later this year. .

Ex-Navistar CEO fights suit that says he lied to investors Crain’s Chicago Business / July 7, 2016 Daniel Ustian, the former chief executive of Navistar International, is fighting a federal lawsuit that claims he repeatedly lied to investors about the status of an engine technology the truckmaker failed to develop. In a court filing last month, Ustian's legal team sought to dismiss the complaint the Securities and Exchange Commission filed against him in March, stating the agency resorted to "smoke and mirrors" in the suit after failing to find anything substantial against Ustian during a four-year investigation. "Although laced with hyperbole . . . SEC's complaint does not allege that Ustian lied about anything," the filing says. "Rather, with the benefit of hindsight, SEC's real contention is that a host of admittedly true statements should have been coupled with even more cautionary language" about the engine technology and a federal environmental certification process for it. During his tenure as CEO of Lisle-based Navistar from 2003 to 2012, Ustian directed the company to develop an engine technology called exhaust gas recirculation, or EGR for short. Despite spending what the SEC suit said was $700 million on EGR, the product couldn't meet Environmental Protection Agency nitrogen oxide emission standards, which got tougher in 2010. Navistar eventually gave up on the technology, but before doing so, Ustian wasn't truthful about whether EGR was functioning as planned and if the EPA would certify the technology for use in engines, the SEC claimed in its suit against the onetime chief executive at the manufacturer. Ustian even engaged in a "cover-up," according to the suit. Ustian's lawyers said in a June filing in U.S. District Court in Chicago that their client believed EGR was superior to a competing technology called selective catalytic reduction. Ustian made truthful "factual or forward-looking public statements" about the certification process for it, the filing shows. Ustian "never assured that its engines would be certified or predicted the outcome of the process," his legal team wrote in a motion to dismiss the case. "On the contrary, he and the company repeatedly stated that certification might be denied," something that would hurt the company's engine sales. The SEC says the case shouldn't be dismissed, and asked Judge Sara Ellis to deny the motion to dismiss the case, a filing shows. Ustian could not be reached for comment. He has assembled a powerful legal team to defend him, a group that includes Stephen Neal, the Palo Alto, Calif.-based chairman of the law firm Cooley, and Sean Berkowitz, a Chicago-based partner at Latham & Watkins. Neal is known for defending big corporate clients such as General Motors and AT&T, while Berkowitz once prosecuted former executives at Enron when he was at the Department of Justice. Neither could be reached. When the SEC sued Ustian in March, it also agreed to settle a dispute with Navistar itself. The company agreed to pay a $7.5 million fine related to how it handled the EGR technology and certification process. Navistar didn't admit or deny anything related to the SEC's action against it in agreeing to pay the fine. .