United States Department of Justice and Parties to Certain Litigation; Transfer of Information Potentially Containing Confidential Business Information, 5227-5228 [2024-01503]

Download as PDF Federal Register / Vol. 89, No. 18 / Friday, January 26, 2024 / Notices Administrator; (2) the authority to confirm, approve, and place such rates into effect on an interim basis to the Deputy Secretary of Energy; and (3) the authority to confirm, approve, and place into effect on a final basis, or to remand or disapprove such rates, to FERC. By Delegation Order No. S1–DEL–S3–2023, effective April 10, 2023, the Secretary of Energy also delegated the authority to confirm, approve, and place such rates into effect on an interim basis to the Under Secretary for Infrastructure. By Redelegation Order No. S3–DEL– WAPA1–2023, effective April 10, 2023, the Under Secretary for Infrastructure further redelegated the authority to confirm, approve, and place such rates into effect on an interim basis to WAPA’s Administrator. Ratemaking Procedure Requirements Environmental Compliance WAPA is in the process of determining whether an environmental assessment or an environmental impact statement should be prepared or if this action can be categorically excluded from those requirements.5 Determination Under Executive Order 12866 WAPA has an exemption from centralized regulatory review under Executive Order 12866; accordingly, no clearance of this notice by the Office of Management and Budget is required. lotter on DSK11XQN23PROD with NOTICES1 Signing Authority This document of the Department of Energy was signed on January 22, 2024, by Tracey A. LeBeau, Administrator, Western Area Power Administration, pursuant to delegated authority from the Secretary of Energy. That document, with the original signature and date, is maintained by DOE. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DOE Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of the Department of Energy. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register. 5 In compliance with the National Environmental Policy Act (NEPA) of 1969, as amended, 42 U.S.C. 4321–4347; the Council on Environmental Quality Regulations for implementing NEPA (40 CFR parts 1500–1508); and DOE NEPA Implementing Procedures and Guidelines (10 CFR part 1021). VerDate Sep<11>2014 18:02 Jan 25, 2024 Jkt 262001 Signed in Washington, DC, on January 23, 2024. Treena V. Garrett, Federal Register Liaison Officer, U.S. Department of Energy. [FR Doc. 2024–01587 Filed 1–25–24; 8:45 am] BILLING CODE 6450–01–P ENVIRONMENTAL PROTECTION AGENCY [FRL OP–OFA–107] Environmental Impact Statements; Notice of Availability Responsible Agency: Office of Federal Activities, General Information 202– 564–5632 or https://www.epa.gov/nepa. Weekly receipt of Environmental Impact Statements (EIS) Filed January 12, 2024 10 a.m. EST Through January 22, 2024 10 a.m. EST Pursuant to 40 CFR 1506.9. Notice: Section 309(a) of the Clean Air Act requires that EPA make public its comments on EISs issued by other Federal agencies. EPA’s comment letters on EISs are available at: https:// cdxapps.epa.gov/cdx-enepa-II/public/ action/eis/search. EIS No. 20240007, Revised Draft, USAF, CA, KC–46A Main Operating Base 5 Beddown, Comment Period Ends: 03/ 11/2024, Contact: Austin Naranjo 478–222–9225. EIS No. 20240008, Final, USACE, FL, North of Lake Okeechobee Storage Reservoir Section 203 Study, Review Period Ends: 02/26/2024, Contact: Dr. Gretchen Ehlinger 904–232–1665. EIS No. 20240009, Draft, NMFS, AK, Issuance of an Incidental Take Statement under the Endangered Species Act for Salmon Fisheries in Southeast Alaska Subject to the 2019 Pacific Salmon Treaty Agreement and Funding to the State of Alaska to Implement the 2019 Pacific Salmon Treaty Agreement, Comment Period Ends: 03/11/2024, Contact: Kelly Cates 907–586–7221. EIS No. 20240010, Final, USFS, UT, Ashley National Forest Land Management Plan Revision, Review Period Ends: 02/26/2024, Contact: Anastasia Allen 406–270–9241. EIS No. 20240011, Draft, USACE, CA, San Francisco Waterfront Coastal Flood Study, CA, Comment Period Ends: 03/29/2024, Contact: Melinda Fisher 918–669–7423. EIS No. 20240012, Draft, NOAA, WA, Expenditure of Funds to Increase Prey Availability for Southern Resident Killer Whales, Comment Period Ends: 03/11/2024, Contact: Lance Kruzic 541–802–3728. PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 5227 Amended Notice: EIS No. 20230179, Third Draft Supplemental, USACE, CA, American River Common Features, 2016 Flood Risk Management Project, Sacramento, California Supplemental Environmental Impact Statement/ Subsequent Environmental Impact Report XIV, Comment Period Ends: 02/23/2024, Contact: Guy Romine 916–496–4646. Revision to FR Notice Published 12/ 22/2023; Extending the Comment Period from 02/05/2024 to 02/23/2024. Dated: January 23, 2024. Julie Smith, Acting Director, NEPA Compliance Division, Office of Federal Activities. [FR Doc. 2024–01591 Filed 1–25–24; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2021–0957; FRL–11675–01– OCSPP] United States Department of Justice and Parties to Certain Litigation; Transfer of Information Potentially Containing Confidential Business Information Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: This document announces that pesticide-related information submitted to the Environmental Protection Agency (EPA) pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Food, Drug, and Cosmetic Act (FFDCA), including information that may have been claimed as Confidential Business Information (CBI) by the submitter, will be transferred to the U.S. Department of Justice (DOJ) and parties to certain litigation. This transfer of data is in accordance with the CBI regulations governing the disclosure of potential CBI in litigation. DATES: Access to this information by DOJ and the parties to certain litigation is ongoing and expected to continue during the litigation as discussed in this document. FOR FURTHER INFORMATION CONTACT: Charles Smith, Registration Division (7505M), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202) 566– 2659; email address: RDFRNotices@ epa.gov. SUPPLEMENTARY INFORMATION: This document is being provided pursuant to SUMMARY: E:\FR\FM\26JAN1.SGM 26JAN1 lotter on DSK11XQN23PROD with NOTICES1 5228 Federal Register / Vol. 89, No. 18 / Friday, January 26, 2024 / Notices 40 CFR 2.209(d) to inform affected businesses that EPA, via DOJ, will provide certain information to the parties and the Court in the matter of Center for Food Safety, et al. v. U.S. Environmental Protection Agency, et al. (Case No. 1:23–cv–1633) (D.D.C.). The information is contained in documents that have been submitted to EPA pursuant to FIFRA and FFDCA by pesticide registrants or other datasubmitters, including information that has been claimed to be, or determined to potentially contain, CBI. In the pending litigation, petitioners seek judicial review of EPA’s decision of January 11, 2022, to extend the timelimited registrations for GF–3335 Enlist One, an herbicide containing the active ingredient 2,4-dichlorophenoxyacetic acid choline salt (‘‘2,4-D’’), and Enlist Duo an herbicide containing the active ingredients 2,4-D and glyphosate dimethylammonium salt (‘‘glyphosate’’), as well as EPA’s decision of March 29, 2022, to allow use of those herbicides in additional counties. The documents are being produced as part of the Administrative Record of the decisions at issue and include documents that registrants or other datasubmitters may have submitted to EPA regarding the Enlist One and Enlist Duo pesticide products, 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 ‘‘Protected Information’’ in the certified list of record materials and are designated as ‘‘Protected Information’’ under a Protective Order that the Court entered on December 19, 2023. The Protective Order precludes 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 Protected Information of any portion of the Administrative Record via the procedure described in paragraph 6 of the Protective Order and limits the use of such documents to litigation purposes only. Further, paragraph 6(h) of the Protective Order 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 VerDate Sep<11>2014 18:02 Jan 25, 2024 Jkt 262001 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 Order requires that record material EPA designates as ‘‘Protected Information’’ be destroyed or returned to EPA. Authority: 7 U.S.C. 136 et seq.; 21 U.S.C. 301 et seq. Dated: January 18, 2024. Charles Smith, Director, Registration Division, Office of Pesticide Programs. [FR Doc. 2024–01503 Filed 1–25–24; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OMS–2023–0605; FRL–11607–01– OMS] Agency Information Collection Activities; Proposed Information Collection Request; Comment Request; Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery (Renewal) The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery (EPA ICR Number 2434.204, OMB Control Number 2030–0051) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. Before doing so, EPA is soliciting public comments on specific aspects of the proposed information collection as described below. This is a proposed extension of the ICR, which is currently approved through May 31, 2024. This notice allows for 60 days for public comments. DATES: Comments must be submitted on or before March 26, 2024. ADDRESSES: Submit your comments, referencing Docket ID Number EPA– HQ–OMS–2023–0605, to EPA online using www.regulations.gov (our preferred method), by email to docket_ oms@epa.gov, or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460. EPA’s policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. SUMMARY: PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 FOR FURTHER INFORMATION CONTACT: Danny McGrath, Information Engagement Division (IED), Office of Information Management (OIM), 2821T, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202) 564– 8434; mcgrath.daniel@epa.gov. SUPPLEMENTARY INFORMATION: This is a proposed extension of the ICR, which is currently approved through May 31, 2024. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. This notice allows 60 days for public comments. Supporting documents, which explain in detail the information that the EPA will be collecting, are available in the public docket for this ICR. The docket can be viewed online at www.regulations.gov or in person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone number for the Docket Center is 202–566–1744. For additional information about EPA’s public docket, visit https://www.epa.gov/ dockets. Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting comments and information to enable it to: (i) evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility; (ii) evaluate the accuracy of the Agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (iii) enhance the quality, utility, and clarity of the information to be collected; and (iv) minimize the burden of the collection of information on those who are to respond, including through the use of appropriate forms of information technology. EPA will consider the comments received and amend the ICR as appropriate. The final ICR package will then be submitted to OMB for review and approval. At that time, EPA will issue another Federal Register notice to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB. Abstract: The information collection activity provides the Agency with an opportunity to efficiently engage its customers and stakeholders by gathering qualitative information about their interaction with Agency. Getting such feedback in a timely manner is critical if the Agency is to know how and where it should focus while seeking to E:\FR\FM\26JAN1.SGM 26JAN1

Agencies

[Federal Register Volume 89, Number 18 (Friday, January 26, 2024)]
[Notices]
[Pages 5227-5228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01503]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2021-0957; FRL-11675-01-OCSPP]


United States Department of Justice and Parties to Certain 
Litigation; Transfer of Information Potentially Containing Confidential 
Business Information

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This document announces that pesticide-related information 
submitted to the Environmental Protection Agency (EPA) pursuant to the 
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the 
Federal Food, Drug, and Cosmetic Act (FFDCA), including information 
that may have been claimed as Confidential Business Information (CBI) 
by the submitter, will be transferred to the U.S. Department of Justice 
(DOJ) and parties to certain litigation. This transfer of data is in 
accordance with the CBI regulations governing the disclosure of 
potential CBI in litigation.

DATES: Access to this information by DOJ and the parties to certain 
litigation is ongoing and expected to continue during the litigation as 
discussed in this document.

FOR FURTHER INFORMATION CONTACT: Charles Smith, Registration Division 
(7505M), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: 
(202) 566-2659; email address: [email protected].

SUPPLEMENTARY INFORMATION: This document is being provided pursuant to

[[Page 5228]]

40 CFR 2.209(d) to inform affected businesses that EPA, via DOJ, will 
provide certain information to the parties and the Court in the matter 
of Center for Food Safety, et al. v. U.S. Environmental Protection 
Agency, et al. (Case No. 1:23-cv-1633) (D.D.C.). The information is 
contained in documents that have been submitted to EPA pursuant to 
FIFRA and FFDCA by pesticide registrants or other data-submitters, 
including information that has been claimed to be, or determined to 
potentially contain, CBI. In the pending litigation, petitioners seek 
judicial review of EPA's decision of January 11, 2022, to extend the 
time-limited registrations for GF-3335 Enlist One, an herbicide 
containing the active ingredient 2,4-dichlorophenoxyacetic acid choline 
salt (``2,4-D''), and Enlist Duo an herbicide containing the active 
ingredients 2,4-D and glyphosate dimethylammonium salt 
(``glyphosate''), as well as EPA's decision of March 29, 2022, to allow 
use of those herbicides in additional counties.
    The documents are being produced as part of the Administrative 
Record of the decisions at issue and include documents that registrants 
or other data-submitters may have submitted to EPA regarding the Enlist 
One and Enlist Duo pesticide products, 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 ``Protected Information'' in the 
certified list of record materials and are designated as ``Protected 
Information'' under a Protective Order that the Court entered on 
December 19, 2023. The Protective Order precludes 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 Protected Information of any portion of the 
Administrative Record via the procedure described in paragraph 6 of the 
Protective Order and limits the use of such documents to litigation 
purposes only. Further, paragraph 6(h) of the Protective Order 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 Order requires 
that record material EPA designates as ``Protected Information'' be 
destroyed or returned to EPA.
    Authority: 7 U.S.C. 136 et seq.; 21 U.S.C. 301 et seq.

    Dated: January 18, 2024.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2024-01503 Filed 1-25-24; 8:45 am]
BILLING CODE 6560-50-P


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