Production of Confidential Business Information in Pending Litigation; Transfer of Information Claimed or Determined to Potentially Contain Confidential Business Information to the United States Department of Justice and Parties to Certain Litigation, 60984-60985 [2017-27814]

Download as PDF 60984 Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Notices to a subscribed docket(s). For assistance with any FERC Online service, please email FERCOnlineSupport@ferc.gov. or call (866) 208–3676 (toll free). For TTY, call (202) 502–8659. Comment Date: 5:00 p.m. Eastern time on January 16, 2018. Dated: December 18, 2017. Kimberly D. Bose, Secretary. [FR Doc. 2017–27735 Filed 12–22–17; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 848–037–NV] ethrower on DSK3G9T082PROD with NOTICES Wells Rural Electric Company; Notice of Availability of Environmental Assessment In accordance with the National Environmental Policy Act of 1969 and the Federal Energy Regulatory Commission’s (Commission) regulations, 18 CFR part 380 (Order No. 486, 52 FR 47897), the Office of Energy Projects has reviewed the application for a new license for the Trout Creek Hydroelectric Project, located on Trout Creek in Elko County, near the Town of Wells, Nevada, and has prepared an Environmental Assessment (EA). The EA contains the staff’s analysis of the potential environmental impacts of the project and concludes that licensing the project, with appropriate environmental protective measures, would not constitute a major federal action that would significantly affect the quality of the human environment. A copy of the EA is available for review at the Commission in the Public Reference Room or may be viewed on the Commission’s website at https:// www.ferc.gov using the ‘‘eLibrary’’ link. Enter the docket number excluding the last three digits in the docket number field to access documents. For assistance, contact FERC Online Support at FERCOnlineSupport@ ferc.gov, (866) 208–3676 (toll free), or (202) 502–8659 (TTY). You may also register online at https:// www.ferc.gov/docs-filing/ esubscription.asp to be notified via email of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. Any comments should be filed within 30 days from the date of this notice. The Commission strongly encourages electronic filing. Please file comments using the Commission’s eFiling system VerDate Sep<11>2014 20:21 Dec 22, 2017 Jkt 244001 at https://www.ferc.gov/docs-filing/ efiling.asp. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at https:// www.ferc.gov/docs-filing/ ecomment.asp. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support. In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426. The first page of any filing should include docket number P–848–037. For further information, contact Kelly Wolcott at (202) 502–6480 or kelly.wolcott@ferc.gov. Dated: December 19, 2017. Kimberly D. Bose, Secretary. [FR Doc. 2017–27733 Filed 12–22–17; 8:45 am] BILLING CODE 6717–01–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9971–91–OCSPP] Production of Confidential Business Information in Pending Litigation; Transfer of Information Claimed or Determined to Potentially Contain Confidential Business Information to the United States Department of Justice and Parties to Certain Litigation Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: The Environmental Protection Agency (‘‘EPA’’) is providing notice, of disclosure of potential confidential business information in litigation. DATES: Access by U.S. Department of Justice (‘‘DOJ’’) and the parties to litigation to material, including CBI, discussed in this Notice, is ongoing and expected to continue during the litigation discussed in this Notice. FOR FURTHER INFORMATION CONTACT: Michael L. Goodis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; main telephone number: (703) 305–7090; email address: RDFRNotices@epa.gov. SUPPLEMENTARY INFORMATION: This notice is being provided, pursuant to 40 CFR 2.209(d), to inform affected businesses that the EPA, via the DOJ, has recently disclosed documents to the parties and the Court in the matter of SUMMARY: PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 National Family Farm Coalition, et al. v. U.S. Environmental Protection Agency and Scott Pruitt, Case No. 17–70196 (9th Cir.) (the ‘‘Dicamba Litigation’’), and in the consolidated matters of National Family Farm Coalition, et al. v. U.S. Environmental Protection Agency and Scott Pruitt, Case No. 17–70810 (9th Cir.) and Natural Resources Defense Council v. Scott Pruitt and U.S. Environmental Protection Agency, Case No. 17–70817 (9th Cir.) (the ‘‘Enlist Duo Litigation’’), that have been submitted to EPA by pesticide registrants or other data-submitters and that have been claimed to be, or have been determined to potentially contain, confidential business information (collectively ‘‘CBI’’). In the ‘‘Dicamba Litigation,’’ Petitioners seek judicial review of EPA’s order granting a conditional pesticide registration under the Federal Insecticide, Fungicide, and Rodenticide Act (‘‘FIFRA’’) for the new uses of the herbicide dicamba on genetically engineered cotton and soybean. In the ‘‘Enlist Duo Litigation,’’ Petitioners seek judicial review of EPA’s order granting a conditional pesticide registration under FIFRA of the herbicide ‘‘Enlist Duo,’’ containing the active ingredients 2,4-dichlorophenoxyacetic acid choline salt (‘‘2,4-D’’) and glyphosate dimethylammonium salt (‘‘glyphosate’’). The documents are being produced as part of the Administrative Records of the decisions at issue and include documents that registrants or other datasubmitters may have submitted to EPA regarding the pesticides dicamba, 2,4-D, and/or glyphosate, and that may be subject to various release restrictions under federal law. The information includes documents submitted with pesticide registration applications and may include CBI as well as scientific studies subject to the disclosure restrictions of section 10(g) of FIFRA, 7 U.S.C. 136h(d). All documents that may be subject to release restrictions under federal law are designated as ‘‘Confidential or Restricted Information’’ under Protective Orders that the Court entered on November 8, 2017 in both cases (Dkt. 61–2 in the Dicamba Litigation; Dkt. 55–2 in the Enlist Duo Litigation). The Protective Orders preclude public disclosure of any such documents by the parties in this action who have received the information from EPA, unless a party successfully obtains a dedesignation as Confidential or Restricted Information of any portion of the Administrative Record via the procedure described in paragraph 6 of the Protective Orders, and limits the use of such documents to litigation E:\FR\FM\26DEN1.SGM 26DEN1 Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Notices purposes only. Further, paragraph 6(h) of the Protective Orders states: ‘‘At any time, the court may de-designate any portion of the administrative record without advanced notice to the parties.’’ If filed with the Court, such documents would be filed under seal and would not be available for public review, unless the information contained in the document has been determined to not be subject to section 10(g) of FIFRA and all CBI has been redacted. At the conclusion of the litigation, the Protective Orders require that record material EPA designates as ‘‘Confidential or Restricted Information’’ be destroyed or returned to EPA. Dated: December 7, 2017. Michael L. Goodis, Director, Registration Division, Office of Pesticide Programs. [FR Doc. 2017–27814 Filed 12–22–17; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9970–72–OEI] Cross-Media Electronic Reporting: Authorized Program Revision Approval, State of New Mexico Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: This notice announces EPA’s approval of the State of New Mexico’s request to revise/modify certain of its EPA-authorized programs to allow electronic reporting. DATES: EPA approves of State of New Mexico’s authorized program revisions/ modifications as of December 26, 2017. FOR FURTHER INFORMATION CONTACT: Karen Seeh, U.S. Environmental Protection Agency, Office of Environmental Information, Mail Stop 2823T, 1200 Pennsylvania Avenue NW, Washington, DC 20460, (202) 566–1175, seeh.karen@epa.gov. SUPPLEMENTARY INFORMATION: On October 13, 2005, the final Cross-Media Electronic Reporting Rule (CROMERR) was published in the Federal Register (70 FR 59848) and codified as part 3 of title 40 of the CFR. CROMERR establishes electronic reporting as an acceptable regulatory alternative to paper reporting and establishes requirements to assure that electronic documents are as legally dependable as their paper counterparts. Subpart D of CROMERR requires that state, tribal or local government agencies that receive, or wish to begin receiving, electronic reports under their EPA-authorized ethrower on DSK3G9T082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 20:21 Dec 22, 2017 Jkt 244001 programs must apply to EPA for a revision or modification of those programs and obtain EPA approval. Subpart D provides standards for such approvals based on consideration of the electronic document receiving systems that the state, tribe, or local government will use to implement the electronic reporting. Additionally, § 3.1000(b) through (e) of 40 CFR part 3, subpart D provides special procedures for program revisions and modifications to allow electronic reporting, to be used at the option of the state, tribe or local government in place of procedures available under existing programspecific authorization regulations. An application submitted under the subpart D procedures must show that the state, tribe or local government has sufficient legal authority to implement the electronic reporting components of the programs covered by the application and will use electronic document receiving systems that meet the applicable subpart D requirements. On November 3, 2017, the New Mexico Environment Department (NMED) submitted an application titled ‘‘Secure Extranet Portal’’ for revisions/ modifications to its EPA-approved programs under title 40 CFR to allow new electronic reporting. EPA reviewed NMED’s request to revise/modify its EPA-authorized programs and, based on this review, EPA determined that the application met the standards for approval of authorized program revisions/modifications set out in 40 CFR part 3, subpart D. In accordance with 40 CFR 3.1000(d), this notice of EPA’s decision to approve New Mexico’s request to revise/modify its following EPA-authorized programs to allow electronic reporting under 40 CFR parts 50–52, 60, 61, 63–65, and 70 is being published in the Federal Register: Part 52—Approval and Promulgation of Implementation Plans; Part 60—Standards of Performance for New Stationary Sources; Part 63—National Emission Standards for Hazardous Air Pollutants for Source Categories; and Part 70—State Operating Permit Programs. NMED was notified of EPA’s determination to approve its application with respect to the authorized programs listed above. 60985 ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2017–0466; FRL–9971–10] Product Cancellation Order for Certain Pesticide Registrations and Amendments To Terminate Uses Environmental Protection Agency (EPA). AGENCY: ACTION: Notice. This notice announces EPA’s order for the cancellations and amendments to terminate uses, voluntarily requested by the registrants and accepted by the Agency, of the products listed in Table 1A, Table 1B and Table 2 of Unit II, pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This cancellation order follows an October 3, 2017 Federal Register Notice of Receipt of Requests from the registrants listed in Table 3 of Unit II to voluntarily cancel and amend to terminate uses of these product registrations. The cancellations of products listed in Table 1B would terminate the last Spirodiclofen products registered for use in the United States. In the October 3, 2017 notice, EPA indicated that it would issue an order implementing the cancellations and amendments to terminate uses, unless the Agency received substantive comments within the 30-day comment period that would merit its further review of these requests, or unless the registrants withdrew their requests. The Agency received 5 comments on the notice but none merited its further review of the requests. Further, the registrants did not withdraw their requests. Accordingly, EPA hereby issues in this notice a cancellation order granting the requested cancellations and amendments to terminate uses. Any distribution, sale, or use of the products subject to this cancellation order is permitted only in accordance with the terms of this order, including any existing stocks provisions. SUMMARY: The cancellations and amendments are applicable December 26, 2017. DATES: FOR FURTHER INFORMATION CONTACT: [FR Doc. 2017–27770 Filed 12–22–17; 8:45 am] Christopher Green, Information Technology and Resources Management Division (7502P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; telephone number: (703) 347–0367; email address: green.christopher@epa.gov. BILLING CODE 6560–50–P SUPPLEMENTARY INFORMATION: Matthew Leopard, Director, Office of Information Management. PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\26DEN1.SGM 26DEN1

Agencies

[Federal Register Volume 82, Number 246 (Tuesday, December 26, 2017)]
[Notices]
[Pages 60984-60985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27814]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9971-91-OCSPP]


Production of Confidential Business Information in Pending 
Litigation; Transfer of Information Claimed or Determined to 
Potentially Contain Confidential Business Information to the United 
States Department of Justice and Parties to Certain Litigation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (``EPA'') is providing 
notice, of disclosure of potential confidential business information in 
litigation.

DATES: Access by U.S. Department of Justice (``DOJ'') and the parties 
to litigation to material, including CBI, discussed in this Notice, is 
ongoing and expected to continue during the litigation discussed in 
this Notice.

FOR FURTHER INFORMATION CONTACT: Michael L. Goodis, Registration 
Division (7505P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; main telephone number: (703) 305-7090; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: This notice is being provided, pursuant to 
40 CFR 2.209(d), to inform affected businesses that the EPA, via the 
DOJ, has recently disclosed documents to the parties and the Court in 
the matter of National Family Farm Coalition, et al. v. U.S. 
Environmental Protection Agency and Scott Pruitt, Case No. 17-70196 
(9th Cir.) (the ``Dicamba Litigation''), and in the consolidated 
matters of National Family Farm Coalition, et al. v. U.S. Environmental 
Protection Agency and Scott Pruitt, Case No. 17-70810 (9th Cir.) and 
Natural Resources Defense Council v. Scott Pruitt and U.S. 
Environmental Protection Agency, Case No. 17-70817 (9th Cir.) (the 
``Enlist Duo Litigation''), that have been submitted to EPA by 
pesticide registrants or other data-submitters and that have been 
claimed to be, or have been determined to potentially contain, 
confidential business information (collectively ``CBI'').
    In the ``Dicamba Litigation,'' Petitioners seek judicial review of 
EPA's order granting a conditional pesticide registration under the 
Federal Insecticide, Fungicide, and Rodenticide Act (``FIFRA'') for the 
new uses of the herbicide dicamba on genetically engineered cotton and 
soybean. In the ``Enlist Duo Litigation,'' Petitioners seek judicial 
review of EPA's order granting a conditional pesticide registration 
under FIFRA of the herbicide ``Enlist Duo,'' containing the active 
ingredients 2,4-dichlorophenoxyacetic acid choline salt (``2,4-D'') and 
glyphosate dimethylammonium salt (``glyphosate'').
    The documents are being produced as part of the Administrative 
Records of the decisions at issue and include documents that 
registrants or other data-submitters may have submitted to EPA 
regarding the pesticides dicamba, 2,4-D, and/or glyphosate, and that 
may be subject to various release restrictions under federal law. The 
information includes documents submitted with pesticide registration 
applications and may include CBI as well as scientific studies subject 
to the disclosure restrictions of section 10(g) of FIFRA, 7 U.S.C. 
136h(d).
    All documents that may be subject to release restrictions under 
federal law are designated as ``Confidential or Restricted 
Information'' under Protective Orders that the Court entered on 
November 8, 2017 in both cases (Dkt. 61-2 in the Dicamba Litigation; 
Dkt. 55-2 in the Enlist Duo Litigation). The Protective Orders preclude 
public disclosure of any such documents by the parties in this action 
who have received the information from EPA, unless a party successfully 
obtains a de-designation as Confidential or Restricted Information of 
any portion of the Administrative Record via the procedure described in 
paragraph 6 of the Protective Orders, and limits the use of such 
documents to litigation

[[Page 60985]]

purposes only. Further, paragraph 6(h) of the Protective Orders states: 
``At any time, the court may de-designate any portion of the 
administrative record without advanced notice to the parties.'' If 
filed with the Court, such documents would be filed under seal and 
would not be available for public review, unless the information 
contained in the document has been determined to not be subject to 
section 10(g) of FIFRA and all CBI has been redacted. At the conclusion 
of the litigation, the Protective Orders require that record material 
EPA designates as ``Confidential or Restricted Information'' be 
destroyed or returned to EPA.

    Dated: December 7, 2017.
Michael L. Goodis,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2017-27814 Filed 12-22-17; 8:45 am]
 BILLING CODE 6560-50-P


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