Access in Litigation to Confidential Business Information; Transfer of Information Claimed as Confidential Business Information to the United States Department of Justice and Parties to Certain Litigation, 7559-7560 [2011-2991]
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Federal Register / Vol. 76, No. 28 / Thursday, February 10, 2011 / Notices
FERCOnlineSupport@ferc.gov or call
(866) 208–3676 (toll free). For TTY, call
(202) 502–8659.
Dated: February 3, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
ENVIRONMENTAL PROTECTION
AGENCY
number: (202) 564–4284; e-mail address:
kaufman.craig@epa.gov.
[FRL–9265–2]
In
accordance with 40 CFR 2.209(c)(1),
EPA has disclosed information,
including CBI, to DOJ in response to a
written request for information from
DOJ and/or on the initiative of EPA
because such disclosure was necessary
to enable DOJ to carry out a litigation
function on behalf of EPA. DOJ has been
served with discovery requests seeking,
among other things, documentation
supporting the proofs of claim filed by
the United States of America in the
bankruptcy styled, In re Tronox
Incorporated, et al., Case No. 09–10156
(ALG) (Chapter 11), pending in the
United Stated Bankruptcy Court for the
Southern District of New York (the
‘‘Bankruptcy’’). Those proofs of claim
were filed on behalf of, inter alia, EPA
regarding the debtors’ environmental
liabilities, including liabilities at sites at
which EPA’s contractors may have
provided services.
The parties to the Anadarko Litigation
have entered into an Agreed Protective
Order, see Document No. 248 in the
Bankruptcy docket, as amended on
August 12, 2009, see Document No. 622
(together, the ‘‘AGP’’), that will govern
the treatment of information, including
CBI, that is designated ‘‘Confidential’’
pursuant to the AGP. The AGP provides
for limited dissemination of confidential
information and for the return or
destruction of confidential information
at the conclusion of the Litigation. See,
e.g., AGP, at ¶¶1, 10, 12–16, 21. In
accordance with 40 CFR 2.209(d), and
pursuant to the Anadarko Litigation
FRN, EPA authorized DOJ to disclose
information that originated from EPA to
the extent required to comply with the
discovery obligations of the United
States in the Anadarko Litigation,
including its obligations under the AGP.
The lead plaintiffs in the Tronox
Securities Litigation have served the
Anadarko Securities Litigation
Defendants with document requests
seeking, inter alia, the production of
documents that have been produced to
the Anadarko Securities Litigation
Defendants in the Anadarko Litigation.
The Anadarko Securities Litigation
Defendants are seeking to produce
documents to the lead plaintiffs in the
Tronox Securities Litigation, which will
include documents the United States
produced to the Anadarko Securities
Litigation Defendants in the Anadarko
Litigation, some of which was
designated ‘‘Confidential’’ (the ‘‘USA
Confidential Documents’’) pursuant to
the AGP.
SUPPLEMENTARY INFORMATION:
Access in Litigation to Confidential
Business Information; Transfer of
Information Claimed as Confidential
Business Information to the United
States Department of Justice and
Parties to Certain Litigation
[FR Doc. 2011–2939 Filed 2–9–11; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Environmental Protection
Agency (‘‘EPA’’).
ACTION: Notice.
AGENCY:
Federal Energy Regulatory
Commission
EPA has authorized the
United States Department of Justice
(‘‘DOJ’’) to disclose, in response to
discovery requests received by the
United States in the litigation styled,
Tronox Incorporated, et al., v. Anadarko
Petroleum Corp., et al., Adv. Proc. No.
09–01198 (ALG), pending in the United
States Bankruptcy Court for the
Southern District of New York (the
‘‘Anadarko Litigation’’), and in response
to discovery requests received by
defendants Kerr-McGee Corporation and
Anadarko Petroleum Corporation (the
‘‘Anadarko Securities Litigation
Defendants’’) in the litigation styled, In
re Tronox, Inc., Securities Litigation 09–
cv–06220 (SAS), pending in the United
States District Court for the Southern
District of New York (the ‘‘Tronox
Securities Litigation’’), information
which has been submitted to EPA by its
contractors that is claimed to be, or has
been determined to be, confidential
business information (‘‘CBI’’). On
October 21, 2010, EPA provided notice
in the Federal Register, 75 FR 65013
(the ‘‘Anadarko Litigation FRN’’), of past
disclosure and of ongoing and
contemplated future disclosure in the
Anadarko Litigation. EPA is providing
notice of contemplated future disclosure
in the Tronox Securities Litigation.
Interested persons may submit
comments on this Notice to the address
noted below.
DATES: Access by DOJ and/or the parties
to the Tronox Securities Litigation to
material discussed in this Notice that
has been either claimed or determined
to be CBI is ongoing, and is expected to
continue in the future during the
pendency of the Tronox Securities
Litigation. EPA will accept comments
on this Notice through February 22,
2011.
SUMMARY:
[Docket No. RP11–1566–000]
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Tennessee Gas Pipeline Company;
Notice of Technical Conference
On November 30, 2010, pursuant to
section 4 of the Natural Gas Act (NGA),
Tennessee Gas Pipeline Company
(Tennessee) filed revised tariff records
proposing a rate increase for existing
services and changes to certain terms
and conditions of service, including
elimination of certain rate schedules.
On December 29, 2010 the Commission
accepted and suspended the primary
tariff records proposed to be effective
June 1, 2011, subject to refund and to
the outcome of a hearing and technical
conference. Tennessee Gas Pipeline
Company, 133 FERC ¶ 61,266 (2010).
This technical conference was originally
noticed to take place February 2 and 3,
2011, but was postponed due to
inclement weather.
Take notice that a technical
conference to discuss non-rate issues
raised by Tennessee’s filing will be held
on, Tuesday, February 15, 2011 at 10
a.m.(EST) and Wednesday, February 16,
2011 at 10 a.m. (EST), in a room to be
designated at the offices of the Federal
Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.
Federal Energy Regulatory
Commission conferences are accessible
under section 508 of the Rehabilitation
Act of 1973. For accessibility
accommodations please send an e-mail
to accessibility@ferc.gov or call toll free
1–866–208–3372 (voice) or 202–208–
1659 (TTY), or send a FAX to 202–208–
2106 with the required
accommodations.
All interested persons, parties, and
staff are permitted to attend. For further
information please contact Robert D.
McLean (202) 502–8156.
Dated: February 3, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011–2934 Filed 2–9–11; 8:45 am]
BILLING CODE 6717–01–P
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For further information
contact Craig Kaufman, AttorneyAdvisor, Office of Site Remediation
Enforcement, U.S. Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW. (Mail Code 2272A),
Washington, DC 20460; telephone
ADDRESSES:
PO 00000
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7560
Federal Register / Vol. 76, No. 28 / Thursday, February 10, 2011 / Notices
On December 28, 2010, the parties to
the Tronox Securities Litigation entered
into an Agreed Protective Order, see
Document No. 113 in the District Court
docket (the ‘‘Tronox Securities Litigation
AGP’’), that will govern the treatment of
information that is designated
‘‘Confidential’’ pursuant to the Tronox
Securities Litigation AGP. The Tronox
Securities Litigation AGP provides for
limited dissemination of confidential
information and for the return or
destruction of confidential information
at the conclusion of the Litigation. See,
e.g., Tronox Securities Litigation AGP,
at ¶¶1, 9–10, 12–17, 21.
In accordance with 40 CFR 2.209(d),
EPA is hereby giving notice that it has
authorized DOJ to consent to the
production of the USA Confidential
Documents by the Anadarko Securities
Litigation Defendants to the lead
plaintiffs in the Tronox Securities
Litigation, so long as the USA
Confidential Documents may be redesignated as ‘‘Confidential’’ pursuant to
the Tronox Securities Litigation AGP.
Accordingly, business information that
is ordinarily entitled to confidential
treatment under existing Agency
regulations (40 CFR Part 2) may be
included in the information that the
Anadarko Securities Litigation
Defendants will release to parties in the
Tronox Securities Litigation pursuant to
the Tronox Securities Litigation AGP.
As explained by EPA’s Office of
General Counsel at its Web site,
https://www.epa.gov/ogc/
documents.htm, the CBI that may be
disclosed in the Tronox Securities
Litigation could include, but is not
limited to, business information
submitted by contractors and
prospective contractors, see generally
Class Determination 1–95; business
information submitted in technical and
cost proposals, see generally Class
Determination 2–78; and business
information submitted in contract
proposals and related documents, see
generally Class Determination 2–79. CBI
may also include information obtained
by EPA under the Comprehensive
Environmental Response,
Compensation, and Liability Act of
1980, as amended (‘‘CERCLA’’),
including information provided to EPA,
directly or indirectly, pursuant to
section 104 of CERCLA. All CBI that is
disclosed in the Tronox Securities
Litigation will be designated
‘‘Confidential’’ pursuant to the AGP.
Information, including CBI, discussed
in this Notice may relate to certain
companies and agencies that have
provided services for EPA at sites
involved in the Anadarko Litigation,
including but not limited to the
VerDate Mar<15>2010
15:10 Feb 09, 2011
Jkt 223001
companies and agencies set forth in the
Anadarko Litigation FRN.
Dated: February 3, 2011.
Elliott Gilberg,
Director, Office of Site Remediation
Enforcement.
[FR Doc. 2011–2991 Filed 2–9–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OAR–2007–0269; FRL–9265–5]
Agency Information Collection
Activities; Proposed Collection;
Comment Request; Transportation
Conformity Determinations for
Federally Funded and Approved
Transportation Plans, Programs and
Projects
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
In compliance with the
Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document
announces that EPA is planning to
submit a request to renew an existing
approved Information Collection
Request (ICR) to the Office of
Management and Budget (OMB). This
ICR is scheduled to expire on May 31,
2011. Before submitting the ICR to OMB
for review and approval, EPA is
soliciting comments on specific aspects
of the proposed information collection
as described below.
DATES: Comments must be submitted on
or before April 11, 2011.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2007–0269, by one of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: a-and-r-docket@epa.gov.
• Fax: (202) 566–9744.
• Mail: Air Docket, Environmental
Protection Agency, Mailcode: 2822T,
1200 Pennsylvania Ave., NW.,
Washington, DC 20460.
• Hand Delivery: Air Docket,
Environmental Protection Agency: EPA
West Building, EPA Docket Center
(Room 3334), 1301 Constitution Ave.,
NW., Washington, DC, Attention Docket
ID No. EPA–HQ–OAR–2007–0269. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OAR–2007–
0269. EPA’s policy is that all comments
SUMMARY:
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received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or e-mail. The https://
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through
www.regulations.gov your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
FOR FURTHER INFORMATION CONTACT:
Astrid Larsen, State Measures and
Conformity Group, Transportation and
Regional Programs Division,
Environmental Protection Agency, 2000
Traverwood Drive, Ann Arbor, MI
48105; telephone number: (734) 214–
4812; fax number: (734) 214–4052; email address: larsen.astrid@epa.gov.
SUPPLEMENTARY INFORMATION:
How can I access the docket and/or
submit comments?
EPA has established a public docket
for this ICR under Docket ID No. EPA–
HQ–OAR–2007–0269, which is
available for online viewing at https://
www.regulations.gov, or in person
viewing at the Air Docket in the EPA
Docket Center (EPA/DC), EPA West,
Room 3334, 1301 Constitution Ave.,
NW., Washington, DC. The EPA/DC
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, and the telephone
E:\FR\FM\10FEN1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 28 (Thursday, February 10, 2011)]
[Notices]
[Pages 7559-7560]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2991]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9265-2]
Access in Litigation to Confidential Business Information;
Transfer of Information Claimed as Confidential Business Information to
the United States Department of Justice and Parties to Certain
Litigation
AGENCY: Environmental Protection Agency (``EPA'').
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: EPA has authorized the United States Department of Justice
(``DOJ'') to disclose, in response to discovery requests received by
the United States in the litigation styled, Tronox Incorporated, et
al., v. Anadarko Petroleum Corp., et al., Adv. Proc. No. 09-01198
(ALG), pending in the United States Bankruptcy Court for the Southern
District of New York (the ``Anadarko Litigation''), and in response to
discovery requests received by defendants Kerr-McGee Corporation and
Anadarko Petroleum Corporation (the ``Anadarko Securities Litigation
Defendants'') in the litigation styled, In re Tronox, Inc., Securities
Litigation 09-cv-06220 (SAS), pending in the United States District
Court for the Southern District of New York (the ``Tronox Securities
Litigation''), information which has been submitted to EPA by its
contractors that is claimed to be, or has been determined to be,
confidential business information (``CBI''). On October 21, 2010, EPA
provided notice in the Federal Register, 75 FR 65013 (the ``Anadarko
Litigation FRN''), of past disclosure and of ongoing and contemplated
future disclosure in the Anadarko Litigation. EPA is providing notice
of contemplated future disclosure in the Tronox Securities Litigation.
Interested persons may submit comments on this Notice to the address
noted below.
DATES: Access by DOJ and/or the parties to the Tronox Securities
Litigation to material discussed in this Notice that has been either
claimed or determined to be CBI is ongoing, and is expected to continue
in the future during the pendency of the Tronox Securities Litigation.
EPA will accept comments on this Notice through February 22, 2011.
ADDRESSES: For further information contact Craig Kaufman, Attorney-
Advisor, Office of Site Remediation Enforcement, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave., NW. (Mail Code 2272A),
Washington, DC 20460; telephone number: (202) 564-4284; e-mail address:
kaufman.craig@epa.gov.
SUPPLEMENTARY INFORMATION: In accordance with 40 CFR 2.209(c)(1), EPA
has disclosed information, including CBI, to DOJ in response to a
written request for information from DOJ and/or on the initiative of
EPA because such disclosure was necessary to enable DOJ to carry out a
litigation function on behalf of EPA. DOJ has been served with
discovery requests seeking, among other things, documentation
supporting the proofs of claim filed by the United States of America in
the bankruptcy styled, In re Tronox Incorporated, et al., Case No. 09-
10156 (ALG) (Chapter 11), pending in the United Stated Bankruptcy Court
for the Southern District of New York (the ``Bankruptcy''). Those
proofs of claim were filed on behalf of, inter alia, EPA regarding the
debtors' environmental liabilities, including liabilities at sites at
which EPA's contractors may have provided services.
The parties to the Anadarko Litigation have entered into an Agreed
Protective Order, see Document No. 248 in the Bankruptcy docket, as
amended on August 12, 2009, see Document No. 622 (together, the
``AGP''), that will govern the treatment of information, including CBI,
that is designated ``Confidential'' pursuant to the AGP. The AGP
provides for limited dissemination of confidential information and for
the return or destruction of confidential information at the conclusion
of the Litigation. See, e.g., AGP, at ]]1, 10, 12-16, 21. In accordance
with 40 CFR 2.209(d), and pursuant to the Anadarko Litigation FRN, EPA
authorized DOJ to disclose information that originated from EPA to the
extent required to comply with the discovery obligations of the United
States in the Anadarko Litigation, including its obligations under the
AGP.
The lead plaintiffs in the Tronox Securities Litigation have served
the Anadarko Securities Litigation Defendants with document requests
seeking, inter alia, the production of documents that have been
produced to the Anadarko Securities Litigation Defendants in the
Anadarko Litigation. The Anadarko Securities Litigation Defendants are
seeking to produce documents to the lead plaintiffs in the Tronox
Securities Litigation, which will include documents the United States
produced to the Anadarko Securities Litigation Defendants in the
Anadarko Litigation, some of which was designated ``Confidential'' (the
``USA Confidential Documents'') pursuant to the AGP.
[[Page 7560]]
On December 28, 2010, the parties to the Tronox Securities
Litigation entered into an Agreed Protective Order, see Document No.
113 in the District Court docket (the ``Tronox Securities Litigation
AGP''), that will govern the treatment of information that is
designated ``Confidential'' pursuant to the Tronox Securities
Litigation AGP. The Tronox Securities Litigation AGP provides for
limited dissemination of confidential information and for the return or
destruction of confidential information at the conclusion of the
Litigation. See, e.g., Tronox Securities Litigation AGP, at ]]1, 9-10,
12-17, 21.
In accordance with 40 CFR 2.209(d), EPA is hereby giving notice
that it has authorized DOJ to consent to the production of the USA
Confidential Documents by the Anadarko Securities Litigation Defendants
to the lead plaintiffs in the Tronox Securities Litigation, so long as
the USA Confidential Documents may be re-designated as ``Confidential''
pursuant to the Tronox Securities Litigation AGP. Accordingly, business
information that is ordinarily entitled to confidential treatment under
existing Agency regulations (40 CFR Part 2) may be included in the
information that the Anadarko Securities Litigation Defendants will
release to parties in the Tronox Securities Litigation pursuant to the
Tronox Securities Litigation AGP.
As explained by EPA's Office of General Counsel at its Web site,
https://www.epa.gov/ogc/documents.htm, the CBI that may be disclosed in
the Tronox Securities Litigation could include, but is not limited to,
business information submitted by contractors and prospective
contractors, see generally Class Determination 1-95; business
information submitted in technical and cost proposals, see generally
Class Determination 2-78; and business information submitted in
contract proposals and related documents, see generally Class
Determination 2-79. CBI may also include information obtained by EPA
under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended (``CERCLA''), including information
provided to EPA, directly or indirectly, pursuant to section 104 of
CERCLA. All CBI that is disclosed in the Tronox Securities Litigation
will be designated ``Confidential'' pursuant to the AGP.
Information, including CBI, discussed in this Notice may relate to
certain companies and agencies that have provided services for EPA at
sites involved in the Anadarko Litigation, including but not limited to
the companies and agencies set forth in the Anadarko Litigation FRN.
Dated: February 3, 2011.
Elliott Gilberg,
Director, Office of Site Remediation Enforcement.
[FR Doc. 2011-2991 Filed 2-9-11; 8:45 am]
BILLING CODE 6560-50-P
