81 FR 75838 - Freedom of Information Act; Notice of Lawsuit
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 81, Issue 211 (November 1, 2016)
Fish and Wildlife Service
Federal Register Volume 81, Issue 211 (November 1, 2016)
| Page Range | 75838-75840 | |
| FR Document | 2016-26412 |
[Federal Register Volume 81, Number 211 (Tuesday, November 1, 2016)] [Notices] [Pages 75838-75840] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-26412] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-HQ-LE-2016-N156; FF09L00200-FX-LE18110900000] Freedom of Information Act; Notice of Lawsuit AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice; request for comments. ----------------------------------------------------------------------- SUMMARY: The U.S. Fish and Wildlife Service seeks information about potential objections to the public release of possibly confidential information regarding import and export activities tracked via the Service's Law Enforcement Management Information System. We issue this notice and solicit this information in response to a lawsuit under the Freedom of Information Act. DATES: You must submit comments on or before November 22, 2016. ADDRESSES: You may submit comments by one of the following methods:Email: [email protected]. Fax: (703) 358-2271. U.S. mail or hand-delivery: U.S. Fish and Wildlife Service, Office of Law Enforcement (FOIA), 5275 Leesburg Pike (MS: OLE), Falls Church, VA 22041. FOR FURTHER INFORMATION CONTACT: Michael Jenkins, Management Analyst Specialist, USFWS, Office of Law Enforcement, 5275 Leesburg Pike, Falls Church, VA 22041; telephone (703) 358-1949. SUPPLEMENTARY INFORMATION: This notice is issued under part 2 of title 43 of the Code of Federal Regulations (CFR), which sets forth regulations for administration of the Freedom of Information Act (FOIA) by the U.S. Department of the Interior (``the Department''). We, the U.S. Fish and Wildlife Service (``the Service''), hereby announce that information related to records for the import and export of all wildlife specimens to and from the United States may be disclosed under FOIA (43 CFR 2.27(b)). Submitters of this type of information can contact the Service to review records subject to possible release. If you are a submitter of this information, the Service will presume that you do not object to the disclosure of your information if a response to this notice is not received by the date specified above in DATES. I. Background The Department is soliciting views from submitters with respect to whether certain records constitute ``trade secrets and commercial or financial information obtained from a person [that are] privileged or confidential'' information under the FOIA, 5 U.S.C. 552(b)(4). The records at issue concern information in the Service's Law Enforcement Management Information System (LEMIS) relating to the import and export of all wildlife specimens to and from the United States: a. For the years 2002 through 2010, 2013, and 2014; b. of any taxonomic class, whether live, dead, parts, or products; and c. with the following variables to be included in the records: Control Number, Species Code, Class, Genus, Species, Subspecies, Generic Name, Specific Name, Wildlife Description, Quantity, Unit, Value, Country of Origin, Country Import/Export, Purpose, Source, Act, Disposition Code, Disposition Date, Shipment Date, Import/Export, Port Code, U.S. Importer/Exporter, and Foreign Importer/Exporter. This notice relates to FOIA requests by Humane Society International (HSI) of June 2, 2014; August 21, 2014; June 3, 2015; and November 3, 2015. In response to these FOIA requests, the Service withheld the ``Declared Value of Wildlife'' and ``Foreign Importer/ Exporter'' columns in their entirety under FOIA Exemption 4. The Service withheld additional information under Exemptions 6 and 7(C). The Service's response to these FOIA requests is now the subject of a lawsuit, Humane Society Int'l v. U.S. FWS, No. 16-720 (D.D.C., filed Apr. 18, 2016). A copy of HSI's three FOIA requests, as well as the complaint filed in the United States District Court for the District of Columbia, has been posted on: https://www.fws.gov/le/businesses.html#FOIAMatters. Upon request, the Service will provide [[Page 75839]] submitters the relevant submitter information that the Service found to be responsive to HSI's requests. II. Issues for Comment The Department has been asked to release certain information in LEMIS for the years 2002 through 2010, 2013, and 2014 relating to the import and export of all wildlife specimens to and from the United States. This notice provides you with the opportunity to object to the public release of these records if they are exempt from disclosure under FOIA, 5 U.S.C. 552(b). Please reference Humane Society Int'l v. U.S. FWS, No. 16-720, in any communications regarding this matter. If you wish to object to the disclosure of these records, the Department's FOIA regulations (``regulations'') require you to submit a ``detailed written statement'' setting forth the justification for withholding any portion of the information under any exemption of the FOIA. See 43 CFR 2.30. Under FOIA's Exemption 4, 5 U.S.C. 552(b)(4), ``trade secrets and commercial or financial information obtained from a person and privileged or confidential'' are exempt from disclosure under the FOIA. When the Department has reason to believe that information that is responsive to a FOIA request may be exempt from disclosure under FOIA's Exemption 4, the regulations require the Department to provide notice to the submitter(s) of the responsive material and advise the submitter(s) of the procedures for objecting to the release of the requested material. This publication serves as notice. Further, if you object to the public disclosure of the records (or any portions of records) at issue in Humane Society v. U.S. FWS, No. 16-720 (D.D.C., filed Apr. 18, 2016), on the basis that the information submitted is protected by FOIA Exemption 4, then the regulations require the ``detailed written statement'' referenced above to include a ``specific and detailed discussion'' of the following: (i) Whether the Government required the information to be submitted and, if so, how substantial competitive or other business harm would likely result from release; or (ii) Whether you provided the information voluntarily and, if so, how the information in question fits into a category of information that you customarily do not release to the public. (iii) Certification that the information is confidential, that you have not disclosed the information to the public, and that the information is not routinely available to the public from other sources. In order for information to qualify for protection under Exemption 4 as a ``trade secret,'' the information must be ``a secret, commercially valuable plan, formula, process, or device that is used for the making, preparing, compounding, or processing of trade commodities and that can be said to be the end product of either innovation or substantial effort.'' See Public Citizen Health Research Group v. FDA, 704 F.2d 1280, 1288 (D.C. Cir. 1983). This definition requires there be a direct relationship between the information at issue and the productive process. Id. Should you wish to object to the disclosure of any of the information in the documents on the basis that such information is a trade secret, the specific and detailed discussion must explain how each category of information the objections are related to qualify for protection under Exemption 4 as a ``trade secret.'' The explanation must also identify a direct relationship between the information and the productive process. In order for information to qualify for protection under the aspect of Exemption 4 that protects privileged or confidential commercial or financial information, the first requirement is that the information must be either ``commercial or financial.'' In determining whether documents are ``commercial or financial,'' the D.C. Circuit has firmly held that these terms should be given their ``ordinary meanings'' and that records are commercial so long as you have ``commercial interest'' in them. See Public Citizen, 704 F.2d at 1290 (citing Washington Post Co. v. HHS, 690 F.2d 252, 266 (D.C. Cir. 1982), and Board of Trade v. Commodity Futures Trading Comm'n, 627 F.2d 392, 403 (D.C. Cir. 1980)); see also Nat'l Ass'n of Home Builders v. Norton, 309 F.3d 26, 38 (D.C. Cir. 2002) (stating ``information is `commercial' under [Exemption 4] if, `in and of itself,' it serves a `commercial function' or is of a `commercial nature.' ''). The specific and detailed discussion that you provide must explain how the information relates to your commercial interest and the commercial function the information serves or the commercial nature of the information. The test to determine if information is ``privileged'' or ``confidential'' under Exemption 4 depends on whether the submitter was required to provide the information to the Government or whether the submitter voluntarily disclosed the information to the Government. Bartholdi Cable. Co. v. FCC, 114 F.3d 274, 281 (D.C. Cir. 1997). Where you voluntarily provide information to the Government, the information will be considered confidential for the purposes of Exemption 4 ``if it is of a kind that would customarily not be released to the public by the person from whom it was obtained.'' Id. (citing Critical Mass Energy Project v. Nuclear Regulatory Commission, 975 F.2d 871, 879 (D.C. Cir. 1992) (en banc)). Alternatively, where the Government requires you to provide information (as is the case for the information at hand), then commercial or financial information generally is ``confidential'' under Exemption 4 ``if disclosure . . . is likely to have either of the following effects: (1) impair the Government's ability to obtain necessary information in the future; or (2) cause substantial harm to the competitive position of the person from whom it was obtained.'' National Parks and Conservation Assoc. v. Morton, 498 F.2d 765, 770 (D.C. Cir. 1974). A showing of substantial competitive harm is necessary only where the information in question is required to be submitted to the Government. You must explain whether you voluntarily provided the information in question or whether the Government required the information to be submitted. Should you assert that you voluntarily submitted the information, you must also explain how the information in question fits into a category of information that you customarily do not release to the public. If you assert that the Government required you to submit the information in question (as is the case for the information at hand), then you must explain how substantial competitive or other business harm would likely result from release. To demonstrate that disclosure is likely to cause substantial competitive harm, there must be evidence that: (1) You face actual competition; and (2) substantial competitive injury would likely result from disclosure. See Lions Raisins v. USDA, 354 F.3d 1072, 1079 (9th Cir. 2004); Inner City Press/Community on the Move v. Federal Reserve System, 380 F. Supp. 2d 211, 220 (S.D.N.Y. 2005); People for the Ethical Treatment of Animals v. USDA, 2005 U.S. Dist. LEXIS 10586, at 15 (D.D.C. May 24, 2005); National Parks & Conservation Association v. Kleppe, 547 F.2d 673, 679 (D.C. Cir. 1976) (``National Parks II''). In order for the Department to fully evaluate whether you are likely to suffer substantial competitive injury from disclosure of the withheld information, any objections on this basis must include a detailed explanation of who [[Page 75840]] your competitors are and the nature of the competition. You must also explain with specificity how disclosure of each category of information that you object to disclosing on this basis would provide your competitors with valuable insights into your operation, give competitors pricing advantages over you, or unfairly give advantage to competitors in future business negotiations, or any other information that sufficiently explains the substantial competitive injury that would likely result from disclosure. National Parks II, 547 F.2d at 684; Center for Public Integrity v. Dep't of Energy, 191 F. Supp. 2d 187, 194 (D.D.C. 2002); Judicial Watch, Inc. v. Export-Import Bank, 108 F. Supp. 2d 19, 29 (D.D.C. 2000). Additionally, as noted above, you must also certify that any information you object to disclosing is confidential, you have not disclosed the information to the public, and the information is not routinely available to the public from other sources. See 43 CFR 2.30-2.31. As a final matter, please be aware that the FOIA requires that ``any reasonably segregable portion of a record'' must be released after appropriate application of the FOIA's nine exemptions. See 5 U.S.C. 552(b) (discussion after exemptions). In addition, please note that, where a record contains both exempt and nonexempt material, the bureau will generally separate and release the nonexempt information when responding to a FOIA request. 43 CFR 2.25. You should be mindful of this segregability requirement in formulating any objections you may have to the disclosure of the information sought by HSI. III. Submission of Objections Should you wish to object to disclosure of any of the requested records (or portions thereof), the Department must receive from you all of the information requested above by no later than the date specified above in DATES. If you do not submit any objections to the disclosure of the information (or portions thereof) to HSI on or before the date specified above in DATES, the Department will presume that you do not object to such disclosure and may release the information without redaction. Please note that the Department, not you, is responsible for deciding whether the information should be released or withheld. If we decide to release records over your objections, we will inform you at least 10 business days in advance of the intended release. Please note that any comments you submit to the Department objecting to the disclosure of the documents may be subject to disclosure under the FOIA if the Department receives a FOIA request for them. In the event your comments contain commercial or financial information and a requester asks for the comments under the FOIA, the Department will notify you and give you an opportunity to comment on the disclosure of such information. Dated: October 27, 2016. Stephen Guestin, Acting Director, U.S. Fish and Wildlife Service. [FR Doc. 2016-26412 Filed 10-31-16; 8:45 am] BILLING CODE 4333-15-P
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estimate time and cost for implementing personal identifying information—may We, the U.S. Fish and Wildlife
recovery measures. be made publicly available at any time. Service (‘‘the Service’’), hereby
The Act requires the development of While you can ask us in your comment announce that information related to
recovery plans for listed species, unless to withhold your personal identifying records for the import and export of all
such a plan would not promote the information from public review, we wildlife specimens to and from the
conservation of a particular species. cannot guarantee that we will be able to United States may be disclosed under
Section 4(f) of the Act requires us to do so. FOIA (43 CFR 2.27(b)).
provide public notice and an Submitters of this type of information
opportunity for public review and Authority can contact the Service to review
comment during recovery plan The authority for this action is section records subject to possible release. If
development. We will consider all 4(f) of the Endangered Species Act, 16 you are a submitter of this information,
information presented during a public U.S.C. 1533(f). the Service will presume that you do
comment period prior to approval of Dated: September 6, 2016. not object to the disclosure of your
each new or revised recovery plan. We information if a response to this notice
Mike Oetker,
and other Federal agencies will take is not received by the date specified
Acting Regional Director, Southeast Region. above in DATES.
these comments into account in the
[FR Doc. 2016–26330 Filed 10–31–16; 8:45 am]
course of implementing approved I. Background
BILLING CODE 4310–55–P
recovery plans.
The Department is soliciting views
Recovery Plan Components from submitters with respect to whether
The recovery objectives are to work to DEPARTMENT OF THE INTERIOR certain records constitute ‘‘trade secrets
reduce threats in order to downlist the and commercial or financial information
Fish and Wildlife Service obtained from a person [that are]
chucky madtom to threatened status.
Defining reasonable delisting criteria is [FWS–HQ–LE–2016–N156; FF09L00200–FX–
privileged or confidential’’ information
not possible at this time given the LE18110900000] under the FOIA, 5 U.S.C. 552(b)(4). The
current low number of individuals, records at issue concern information in
extreme curtailment of the species’ Freedom of Information Act; Notice of the Service’s Law Enforcement
range, extensive modification and Lawsuit Management Information System
fragment of habitat with the species’ (LEMIS) relating to the import and
AGENCY: Fish and Wildlife Service, export of all wildlife specimens to and
historical range, lack of information
Interior. from the United States:
about the species’ biology, and
magnitude of other existing threats. ACTION: Notice; request for comments. a. For the years 2002 through 2010,
Therefore, this recovery plan establishes 2013, and 2014;
SUMMARY: The U.S. Fish and Wildlife b. of any taxonomic class, whether
only downlisting criteria for this catfish.
Service seeks information about live, dead, parts, or products; and
Criteria will be reevaluated as new
potential objections to the public release c. with the following variables to be
information becomes available.
of possibly confidential information included in the records: Control
Downlisting of chucky madtom will be
regarding import and export activities Number, Species Code, Class, Genus,
considered when:
1. Suitable instream and riparian tracked via the Service’s Law Species, Subspecies, Generic Name,
habitat, flows, and water quality for Enforcement Management Information Specific Name, Wildlife Description,
chucky madtom as defined by the best System. We issue this notice and solicit Quantity, Unit, Value, Country of
available science (to be refined by this information in response to a lawsuit Origin, Country Import/Export, Purpose,
recovery actions), exist in occupied under the Freedom of Information Act. Source, Act, Disposition Code,
streams (addresses Factor A). DATES: You must submit comments on Disposition Date, Shipment Date,
2. Population studies show that a or before November 22, 2016. Import/Export, Port Code, U.S.
viable chucky madtom population in ADDRESSES: You may submit comments Importer/Exporter, and Foreign
Little Chucky Creek and at least 1 other by one of the following methods: Importer/Exporter.
stream (Dunn Creek, Jackson Branch; • Email: lawenforcement@fws.gov. This notice relates to FOIA requests
e.g., the only known stream representing • Fax: (703) 358–2271. by Humane Society International (HSI)
the historical range of the species) are • U.S. mail or hand-delivery: U.S. of June 2, 2014; August 21, 2014; June
naturally recruiting (consisting of two Fish and Wildlife Service, Office of Law 3, 2015; and November 3, 2015. In
year classes in the fall months) and Enforcement (FOIA), 5275 Leesburg response to these FOIA requests, the
sustainable over a period of 20–30 years Pike (MS: OLE), Falls Church, VA Service withheld the ‘‘Declared Value of
(10 generations) (addresses Factors A, C, 22041. Wildlife’’ and ‘‘Foreign Importer/
and E). Exporter’’ columns in their entirety
FOR FURTHER INFORMATION CONTACT: under FOIA Exemption 4. The Service
Request for Public Comments Michael Jenkins, Management Analyst withheld additional information under
We request written comments on the Specialist, USFWS, Office of Law Exemptions 6 and 7(C). The Service’s
draft recovery plan. We will consider all Enforcement, 5275 Leesburg Pike, Falls response to these FOIA requests is now
comments we receive by the date Church, VA 22041; telephone (703) the subject of a lawsuit, Humane Society
358–1949. Int’l v. U.S. FWS, No. 16–720 (D.D.C.,
asabaliauskas on DSK3SPTVN1PROD with NOTICES
specified in DATES prior to final
approval of the plan. SUPPLEMENTARY INFORMATION: This filed Apr. 18, 2016). A copy of HSI’s
notice is issued under part 2 of title 43 three FOIA requests, as well as the
Public Availability of Comments of the Code of Federal Regulations complaint filed in the United States
Before including your address, phone (CFR), which sets forth regulations for District Court for the District of
number, email address, or other administration of the Freedom of Columbia, has been posted on: https://
personal identifying information in your Information Act (FOIA) by the U.S. www.fws.gov/le/
comment, you should be aware that Department of the Interior (‘‘the businesses.html#FOIAMatters. Upon
your entire comment—including your Department’’). request, the Service will provide
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![Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Notices 75839
submitters the relevant submitter In order for information to qualify for information to the Government, the
information that the Service found to be protection under Exemption 4 as a information will be considered
responsive to HSI’s requests. ‘‘trade secret,’’ the information must be confidential for the purposes of
‘‘a secret, commercially valuable plan, Exemption 4 ‘‘if it is of a kind that
II. Issues for Comment
formula, process, or device that is used would customarily not be released to
The Department has been asked to for the making, preparing, the public by the person from whom it
release certain information in LEMIS for compounding, or processing of trade was obtained.’’ Id. (citing Critical Mass
the years 2002 through 2010, 2013, and commodities and that can be said to be Energy Project v. Nuclear Regulatory
2014 relating to the import and export the end product of either innovation or Commission, 975 F.2d 871, 879 (D.C.
of all wildlife specimens to and from the substantial effort.’’ See Public Citizen Cir. 1992) (en banc)). Alternatively,
United States. This notice provides you Health Research Group v. FDA, 704 where the Government requires you to
with the opportunity to object to the F.2d 1280, 1288 (D.C. Cir. 1983). This provide information (as is the case for
public release of these records if they definition requires there be a direct the information at hand), then
are exempt from disclosure under FOIA, relationship between the information at commercial or financial information
5 U.S.C. 552(b). Please reference issue and the productive process. Id. generally is ‘‘confidential’’ under
Humane Society Int’l v. U.S. FWS, No. Should you wish to object to the Exemption 4 ‘‘if disclosure . . . is likely
16–720, in any communications disclosure of any of the information in to have either of the following effects:
regarding this matter. the documents on the basis that such (1) impair the Government’s ability to
If you wish to object to the disclosure information is a trade secret, the specific obtain necessary information in the
of these records, the Department’s FOIA and detailed discussion must explain future; or (2) cause substantial harm to
regulations (‘‘regulations’’) require you how each category of information the the competitive position of the person
to submit a ‘‘detailed written statement’’ objections are related to qualify for from whom it was obtained.’’ National
setting forth the justification for protection under Exemption 4 as a Parks and Conservation Assoc. v.
withholding any portion of the ‘‘trade secret.’’ The explanation must Morton, 498 F.2d 765, 770 (D.C. Cir.
information under any exemption of the also identify a direct relationship 1974). A showing of substantial
FOIA. See 43 CFR 2.30. between the information and the competitive harm is necessary only
Under FOIA’s Exemption 4, 5 U.S.C. productive process. where the information in question is
552(b)(4), ‘‘trade secrets and commercial In order for information to qualify for required to be submitted to the
or financial information obtained from a protection under the aspect of Government.
person and privileged or confidential’’ Exemption 4 that protects privileged or You must explain whether you
are exempt from disclosure under the confidential commercial or financial voluntarily provided the information in
FOIA. When the Department has reason information, the first requirement is that question or whether the Government
to believe that information that is the information must be either required the information to be
responsive to a FOIA request may be ‘‘commercial or financial.’’ In submitted. Should you assert that you
exempt from disclosure under FOIA’s determining whether documents are voluntarily submitted the information,
Exemption 4, the regulations require the ‘‘commercial or financial,’’ the D.C. you must also explain how the
Department to provide notice to the Circuit has firmly held that these terms information in question fits into a
submitter(s) of the responsive material should be given their ‘‘ordinary category of information that you
and advise the submitter(s) of the meanings’’ and that records are customarily do not release to the public.
procedures for objecting to the release of commercial so long as you have If you assert that the Government
the requested material. This publication ‘‘commercial interest’’ in them. See required you to submit the information
serves as notice. Public Citizen, 704 F.2d at 1290 (citing in question (as is the case for the
Further, if you object to the public Washington Post Co. v. HHS, 690 F.2d information at hand), then you must
disclosure of the records (or any 252, 266 (D.C. Cir. 1982), and Board of explain how substantial competitive or
portions of records) at issue in Humane Trade v. Commodity Futures Trading other business harm would likely result
Society v. U.S. FWS, No. 16–720 Comm’n, 627 F.2d 392, 403 (D.C. Cir. from release.
(D.D.C., filed Apr. 18, 2016), on the 1980)); see also Nat’l Ass’n of Home To demonstrate that disclosure is
basis that the information submitted is Builders v. Norton, 309 F.3d 26, 38 (D.C. likely to cause substantial competitive
protected by FOIA Exemption 4, then Cir. 2002) (stating ‘‘information is harm, there must be evidence that: (1)
the regulations require the ‘‘detailed ‘commercial’ under [Exemption 4] if, ‘in You face actual competition; and (2)
written statement’’ referenced above to and of itself,’ it serves a ‘commercial substantial competitive injury would
include a ‘‘specific and detailed function’ or is of a ‘commercial likely result from disclosure. See Lions
discussion’’ of the following: nature.’ ’’). Raisins v. USDA, 354 F.3d 1072, 1079
(i) Whether the Government required The specific and detailed discussion (9th Cir. 2004); Inner City Press/
the information to be submitted and, if that you provide must explain how the Community on the Move v. Federal
so, how substantial competitive or other information relates to your commercial Reserve System, 380 F. Supp. 2d 211,
business harm would likely result from interest and the commercial function 220 (S.D.N.Y. 2005); People for the
release; or the information serves or the Ethical Treatment of Animals v. USDA,
(ii) Whether you provided the commercial nature of the information. 2005 U.S. Dist. LEXIS 10586, at 15
information voluntarily and, if so, how The test to determine if information is (D.D.C. May 24, 2005); National Parks &
the information in question fits into a ‘‘privileged’’ or ‘‘confidential’’ under Conservation Association v. Kleppe, 547
asabaliauskas on DSK3SPTVN1PROD with NOTICES
category of information that you Exemption 4 depends on whether the F.2d 673, 679 (D.C. Cir. 1976)
customarily do not release to the public. submitter was required to provide the (‘‘National Parks II’’).
(iii) Certification that the information information to the Government or In order for the Department to fully
is confidential, that you have not whether the submitter voluntarily evaluate whether you are likely to suffer
disclosed the information to the public, disclosed the information to the substantial competitive injury from
and that the information is not routinely Government. Bartholdi Cable. Co. v. disclosure of the withheld information,
available to the public from other FCC, 114 F.3d 274, 281 (D.C. Cir. 1997). any objections on this basis must
sources. Where you voluntarily provide include a detailed explanation of who
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![75840 Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Notices
your competitors are and the nature of the disclosure of the documents may be Plan 1: Restoration of Wetlands, Coastal,
the competition. You must also explain subject to disclosure under the FOIA if and Nearshore Habitats, Habitat Projects
with specificity how disclosure of each the Department receives a FOIA request on Federally Managed Lands, and Birds
category of information that you object for them. In the event your comments draft restoration plan at any of the
to disclosing on this basis would contain commercial or financial following sites:
provide your competitors with valuable information and a requester asks for the • http://www.gulfspillrestoration.
insights into your operation, give comments under the FOIA, the noaa.gov
competitors pricing advantages over Department will notify you and give you • http://www.doi.gov/deepwaterhorizon
you, or unfairly give advantage to an opportunity to comment on the • http://www.la-dwh.com
competitors in future business disclosure of such information. Alternatively, you may request a CD
negotiations, or any other information Dated: October 27, 2016. of the Draft Restoration Plan 1 (see FOR
that sufficiently explains the substantial FURTHER INFORMATION CONTACT). You
Stephen Guestin,
competitive injury that would likely may also view the document at any of
result from disclosure. National Parks II, Acting Director, U.S. Fish and Wildlife
Service. the public facilities listed at http://
547 F.2d at 684; Center for Public www.gulfspillrestoration.noaa.gov.
[FR Doc. 2016–26412 Filed 10–31–16; 8:45 am]
Integrity v. Dep’t of Energy, 191 F. Supp. Submitting Comments: You may
2d 187, 194 (D.D.C. 2002); Judicial BILLING CODE 4333–15–P
submit comments on the draft document
Watch, Inc. v. Export-Import Bank, 108 by one of following methods:
F. Supp. 2d 19, 29 (D.D.C. 2000). • Via the Web: http://
Additionally, as noted above, you must DEPARTMENT OF THE INTERIOR
www.gulfspillrestoration.noaa.gov/
also certify that any information you [FWS–R4–FHC–2016–N176; restoration-areas/louisiana.
object to disclosing is confidential, you FVHC98220410150–XXX–FF04G01000] • Via U.S. Mail: U.S. Fish and
have not disclosed the information to Wildlife Service, P.O. Box 49567,
the public, and the information is not Deepwater Horizon Oil Spill; Louisiana
Atlanta, GA 30345.
routinely available to the public from Trustee Implementation Group Draft
• Louisiana Coastal Protection &
other sources. See 43 CFR 2.30–2.31. Restoration Plan #1: Restoration of
Restoration Authority, ATTN: Liz
As a final matter, please be aware that Wetlands, Coastal, and Nearshore
Williams, P.O. Box 44027, Baton Rouge,
the FOIA requires that ‘‘any reasonably Habitats; Habitat Projects on Federally
LA 70804.
segregable portion of a record’’ must be Managed Lands; and Birds
FOR FURTHER INFORMATION CONTACT: Liz
released after appropriate application of
AGENCY: Department of the Interior. Williams at LATIG@la.gov.
the FOIA’s nine exemptions. See 5
U.S.C. 552(b) (discussion after ACTION:Notice of availability; request SUPPLEMENTARY INFORMATION:
exemptions). In addition, please note for comments.
Introduction
that, where a record contains both SUMMARY: In accordance with the Oil
exempt and nonexempt material, the On or about April 20, 2010, the
Pollution Act of 1990 (OPA), the mobile offshore drilling unit Deepwater
bureau will generally separate and National Environmental Policy Act
release the nonexempt information Horizon, which was being used to drill
(NEPA), the Consent Decree, and the a well for BP Exploration and
when responding to a FOIA request. 43 Final Programmatic Damage Assessment
CFR 2.25. You should be mindful of this Production, Inc. (BP), in the Macondo
Restoration Plan and Final prospect (Mississippi Canyon 252–
segregability requirement in formulating Programmatic Environmental Impact
any objections you may have to the MC252), experienced a significant
Statement (Final PDARP/PEIS), the explosion, fire, and subsequent sinking
disclosure of the information sought by Federal and State natural resource
HSI. in the Gulf of Mexico, resulting in an
trustee agencies for the Louisiana unprecedented volume of oil and other
III. Submission of Objections Trustee Implementation Group discharges from the rig and from the
Should you wish to object to (Trustees) have prepared a Draft wellhead on the seabed. The Deepwater
disclosure of any of the requested Restoration Plan #1: Restoration of Horizon oil spill is the largest oil spill
records (or portions thereof), the Wetlands, Coastal, and Nearshore in U.S. history, discharging millions of
Department must receive from you all of Habitats; Habitat Projects on Federally barrels of oil over a period of 87 days.
the information requested above by no Managed Lands; and Birds (Draft In addition, well over 1 million gallons
later than the date specified above in Restoration Plan 1) describing and of dispersants were applied to the
DATES.
proposing engineering and design waters of the spill area in an attempt to
If you do not submit any objections to activities for restoration projects disperse the spilled oil. An
the disclosure of the information (or intended to continue the process of undetermined amount of natural gas
portions thereof) to HSI on or before the restoring natural resources and services was also released into the environment
date specified above in DATES, the injured or lost as a result of the as a result of the spill.
Department will presume that you do Deepwater Horizon oil spill, which The Deepwater Horizon State and
not object to such disclosure and may occurred on or about April 20, 2010, in Federal natural resource trustees
release the information without the Gulf of Mexico. (Trustees) conducted the natural
redaction. Please note that the DATES: Comments Due Date: We will resource damage assessment (NRDA) for
Department, not you, is responsible for consider public comments received on the Deepwater Horizon oil spill under
asabaliauskas on DSK3SPTVN1PROD with NOTICES
deciding whether the information or before November 28, 2016. the Oil Pollution Act 1990 (OPA; 33
should be released or withheld. If we Public Meeting: If requested, the U.S.C. 2701 et seq.). Pursuant to OPA,
decide to release records over your Trustees will schedule a public meeting Federal and State agencies act as
objections, we will inform you at least to facilitate public review and comment trustees on behalf of the public to assess
10 business days in advance of the process on the draft document. natural resource injuries and losses and
intended release. ADDRESSES: Obtaining Documents: You to determine the actions required to
Please note that any comments you may download the Louisiana Trustee compensate the public for those injuries
submit to the Department objecting to Implementation Group Draft Restoration and losses. OPA further instructs the
VerDate Sep<11>2014 00:01 Nov 01, 2016 Jkt 241001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\01NON1.SGM 01NON1](https://thefederalregister.org/doc/81_FR_76049/page/3.svg)
Document Created: 2016-11-01 02:35:28
Document Modified: 2016-11-01 02:35:28
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice; request for comments. | |
| Dates | You must submit comments on or before November 22, 2016. | |
| Contact | Michael Jenkins, Management Analyst Specialist, USFWS, Office of Law Enforcement, 5275 Leesburg Pike, Falls Church, VA 22041; telephone (703) 358-1949. | |
| FR Citation | 81 FR 75838 |
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