81 FR 85255 - Freedom of Information Act; Notice of Lawsuit
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 81, Issue 227 (November 25, 2016)
Fish and Wildlife Service
Federal Register Volume 81, Issue 227 (November 25, 2016)
| Page Range | 85255-85257 | |
| FR Document | 2016-28379 |
[Federal Register Volume 81, Number 227 (Friday, November 25, 2016)] [Notices] [Pages 85255-85257] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-28379] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-HQ-LE-2016-N182; 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 December 16, 2016. [[Page 85256]] 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'' or USFWS), 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. From January 1, 2005, to the present; b. on USFWS Form 3-177 including: Date of import/export, port of clearance, purpose code, customs document number, name of carrier, air waybill or bill of lading number, transportation code, number of cartons of wildlife, names of U.S. importer/exporter and foreign importer/exporter with country code, scientific and common name of species, foreign CITES permit and U.S. permit numbers, description and source codes, country of origin code, quantity/unit, and monetary value. This notice relates to a FOIA request by The Center for Biological Diversity (CBD) of February 24, 2016. In response to this FOIA request, the Service withheld the customs document number, name of carrier, air waybill or bill of lading number, foreign CITES permit and U.S. permit numbers, quantity and 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 this FOIA request is now the subject of a lawsuit, Center for Biological Diversity v. U.S. Fish and Wildlife Service, No. 16-00527 (D. Ariz., filed August 8, 2016). A copy of CBD's FOIA request, as well as the complaint filed in the United States District Court for the District of Arizona, has been posted on: https://www.fws.gov/le/businesses.html#FOIAMatters. Upon request, the Service will provide submitters the relevant submitter information that the Service found to be responsive to CBD's requests. II. Issues for Comment The Department has been asked to release certain information in LEMIS since 2005 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 Center for Biological Diversity v. U.S. FWS, No. 16-00527, 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 Center for Biological Diversity v. U.S. FWS, No. 16-00527 (D. Ariz., filed Aug. 8, 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 [[Page 85257]] 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 Lion 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); GC Micro Corp. v. Def. Logistics Agency, 33 F.3d 1109 (9th Cir. 1994); 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 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 CBD. 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 CBD 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: November 14, 2016. Stephen Guertin, Acting Director, U.S. Fish and Wildlife Service. [FR Doc. 2016-28379 Filed 11-23-16; 8:45 am] BILLING CODE 4333-15-P
![Federal Register / Vol. 81, No. 227 / Friday, November 25, 2016 / Notices 85255
Application No. Applicant Species Location Activity Type of take Permit action
TE11135C ........ Herpetological Re- Copperbelly water Michigan, Indiana, Illi- Survey and Monitoring, Capture and release .... New.
source and Manage- snake (Nerodia nois, Wisconsin, Ohio. Habitat mapping and
ment, LLC. erythrogaster assessment.
neglecta), Eastern
massasauga
(Sistrurus catenatus
catenatus), Karner
blue butterfly
(Lycaeides melissa
samuelis), Mitchell’s
satyr butterfly
(Neonympha
mitchellii mitchellii),
Poweshiek
skipperling butterfly
(Oarisma poweshiek),
Pitcher’s Thistle
(Cirsium pitcheri),
Dwarf Lake Iris (Iris
lacustris), Michigan
monkey flower
(Mimulus
michiganensis), and
Eastern prairie
fringed orchid
(Platanthera
leucophaea).
TE11145C ........ Lisa Kleinschmidt ......... Indiana bat, northern Rangewide ................... Conduct presence/ab- Capture, handle, radio- New.
long-eared bat, gray sence surveys, docu- tag, harp trap, re-
bat (Myotis ment habitat use, lease.
grisescens). conduct population
monitoring, evaluate
impacts.
TE11170C ........ Ashleigh Cable ............. Indiana bat, northern Illinois ........................... Conduct presence/ab- Capture, handle, radio- New.
long-eared bat, gray sence surveys, docu- tag, harp trap, re-
bat. ment habitat use, lease.
conduct population
monitoring, evaluate
impacts.
TE174388 ........ Metropolitan Park Dis- Karner blue butterfly Ohio ............................. Conduct habitat man- Conservation and spe- Renew.
trict of the Toledo (Lycaeides melissa agement for the ben- cies management.
Area. samuelis). efit of the species;
document habitat use.
TE64241B ........ Barker Lemar Engineer- Indiana bat, northern Illinois, Iowa ................. Conduct presence/ab- Capture, handle, radio- Amend.
ing Consultants. long-eared bat. sence surveys, docu- tag, release.
ment habitat use,
conduct population
monitoring, evaluate
impacts.
National Environmental Policy Act personal identifying information—may DEPARTMENT OF THE INTERIOR
The proposed activities in the be made publicly available at any time.
requested permits qualify as categorical While you can ask us in your comment Fish and Wildlife Service
exclusions under the National to withhold your personal identifying [FWS–HQ–LE–2016–N182; FF09L00200–FX–
Environmental Policy Act, as provided information from public review, we LE18110900000]
by Department of the Interior cannot guarantee that we will be able to
implementing regulations in part 46 of do so. Freedom of Information Act; Notice of
title 43 of the CFR (43 CFR 46.205, Authority: We provide this notice under Lawsuit
46.210, and 46.215). section 10 of the ESA (16 U.S.C. 1531 et seq.). AGENCY: Fish and Wildlife Service,
Public Availability of Comments Dated: November 18, 2016. Interior.
We seek public review and comments Lori H. Nordstrom, ACTION: Notice; request for comments.
on these permit applications. Please Assistant Regional Director, Ecological
refer to the permit number when you SUMMARY: The U.S. Fish and Wildlife
Services, Midwest Region.
submit comments. Comments and Service seeks information about
[FR Doc. 2016–28346 Filed 11–23–16; 8:45 am]
materials we receive in response to this potential objections to the public release
notice are available for public
BILLING CODE 4333–15–P of possibly confidential information
asabaliauskas on DSK3SPTVN1PROD with NOTICES
inspection, by appointment, during regarding import and export activities
normal business hours at the address tracked via the Service’s Law
listed above in ADDRESSES. Enforcement Management Information
Before including your address, phone System. We issue this notice and solicit
number, email address, or other this information in response to a lawsuit
personal identifying information in your under the Freedom of Information Act.
comment, you should be aware that DATES: You must submit comments on
your entire comment—including your or before December 16, 2016.
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![85256 Federal Register / Vol. 81, No. 227 / Friday, November 25, 2016 / Notices
ADDRESSES: You may submit comments This notice relates to a FOIA request portions of records) at issue in Center
by one of the following methods: by The Center for Biological Diversity for Biological Diversity v. U.S. FWS, No.
• Email: lawenforcement@fws.gov. (CBD) of February 24, 2016. In response 16–00527 (D. Ariz., filed Aug. 8, 2016),
• Fax: (703) 358–2271. to this FOIA request, the Service on the basis that the information
• U.S. mail or hand-delivery: U.S. withheld the customs document submitted is protected by FOIA
Fish and Wildlife Service, Office of Law number, name of carrier, air waybill or Exemption 4, then the regulations
Enforcement (FOIA), 5275 Leesburg bill of lading number, foreign CITES require the ‘‘detailed written statement’’
Pike (MS: OLE), Falls Church, VA permit and U.S. permit numbers, referenced above to include a ‘‘specific
22041. quantity and declared value of wildlife, and detailed discussion’’ of the
FOR FURTHER INFORMATION CONTACT: and foreign importer/exporter columns following:
Michael Jenkins, Management Analyst in their entirety under FOIA Exemption (i) Whether the Government required
Specialist, USFWS, Office of Law 4. The Service withheld additional the information to be submitted and, if
Enforcement, 5275 Leesburg Pike, Falls information under Exemptions 6 and so, how substantial competitive or other
Church, VA 22041; telephone (703) 7(C). The Service’s response to this business harm would likely result from
358–1949. FOIA request is now the subject of a release; or
SUPPLEMENTARY INFORMATION: This lawsuit, Center for Biological Diversity (ii) Whether you provided the
notice is issued under part 2 of title 43 v. U.S. Fish and Wildlife Service, No. information voluntarily and, if so, how
of the Code of Federal Regulations 16–00527 (D. Ariz., filed August 8, the information in question fits into a
(CFR), which sets forth regulations for 2016). A copy of CBD’s FOIA request, as category of information that you
administration of the Freedom of well as the complaint filed in the United customarily do not release to the public.
States District Court for the District of (iii) Certification that the information
Information Act (FOIA) by the U.S.
Arizona, has been posted on: https:// is confidential, that you have not
Department of the Interior (‘‘the
www.fws.gov/le/ disclosed the information to the public,
Department’’).
We, the U.S. Fish and Wildlife businesses.html#FOIAMatters. Upon and that the information is not routinely
Service (‘‘the Service’’ or USFWS), request, the Service will provide available to the public from other
hereby announce that information submitters the relevant submitter sources.
information that the Service found to be In order for information to qualify for
related to records for the import and
responsive to CBD’s requests. protection under Exemption 4 as a
export of all wildlife specimens to and
‘‘trade secret,’’ the information must be
from the United States may be disclosed II. Issues for Comment ‘‘a secret, commercially valuable plan,
under FOIA (43 CFR 2.27(b)).
Submitters of this type of information The Department has been asked to formula, process, or device that is used
can contact the Service to review release certain information in LEMIS for the making, preparing,
records subject to possible release. If since 2005 relating to the import and compounding, or processing of trade
you are a submitter of this information, export of all wildlife specimens to and commodities and that can be said to be
the Service will presume that you do from the United States. This notice the end product of either innovation or
not object to the disclosure of your provides you with the opportunity to substantial effort.’’ See Public Citizen
information if a response to this notice object to the public release of these Health Research Group v. FDA, 704
is not received by the date specified records if they are exempt from F.2d 1280, 1288 (D.C. Cir. 1983). This
above in DATES. disclosure under FOIA, 5 U.S.C. 552(b). definition requires there be a direct
Please reference Center for Biological relationship between the information at
I. Background Diversity v. U.S. FWS, No. 16–00527, in issue and the productive process. Id.
The Department is soliciting views any communications regarding this Should you wish to object to the
from submitters with respect to whether matter. disclosure of any of the information in
certain records constitute ‘‘trade secrets If you wish to object to the disclosure the documents on the basis that such
and commercial or financial information of these records, the Department’s FOIA information is a trade secret, the specific
obtained from a person [that are] regulations (‘‘regulations’’) require you and detailed discussion must explain
privileged or confidential’’ information to submit a ‘‘detailed written statement’’ how each category of information the
under the FOIA, 5 U.S.C. 552(b)(4). The setting forth the justification for objections are related to qualify for
records at issue concern information in withholding any portion of the protection under Exemption 4 as a
the Service’s Law Enforcement information under any exemption of the ‘‘trade secret.’’ The explanation must
Management Information System FOIA. See 43 CFR 2.30. also identify a direct relationship
(LEMIS) relating to the import and Under FOIA’s Exemption 4, 5 U.S.C. between the information and the
export of all wildlife specimens to and 552(b)(4), ‘‘trade secrets and commercial productive process.
from the United States: or financial information obtained from a In order for information to qualify for
a. From January 1, 2005, to the person and privileged or confidential’’ protection under the aspect of
present; are exempt from disclosure under the Exemption 4 that protects privileged or
b. on USFWS Form 3–177 including: FOIA. When the Department has reason confidential commercial or financial
Date of import/export, port of clearance, to believe that information that is information, the first requirement is that
purpose code, customs document responsive to a FOIA request may be the information must be either
number, name of carrier, air waybill or exempt from disclosure under FOIA’s ‘‘commercial or financial.’’ In
bill of lading number, transportation Exemption 4, the regulations require the determining whether documents are
asabaliauskas on DSK3SPTVN1PROD with NOTICES
code, number of cartons of wildlife, Department to provide notice to the ‘‘commercial or financial,’’ the D.C.
names of U.S. importer/exporter and submitter(s) of the responsive material Circuit has firmly held that these terms
foreign importer/exporter with country and advise the submitter(s) of the should be given their ‘‘ordinary
code, scientific and common name of procedures for objecting to the release of meanings’’ and that records are
species, foreign CITES permit and U.S. the requested material. This publication commercial so long as you have
permit numbers, description and source serves as notice. ‘‘commercial interest’’ in them. See
codes, country of origin code, quantity/ Further, if you object to the public Public Citizen, 704 F.2d at 1290 (citing
unit, and monetary value. disclosure of the records (or any Washington Post Co. v. HHS, 690 F.2d
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![Federal Register / Vol. 81, No. 227 / Friday, November 25, 2016 / Notices 85257
252, 266 (D.C. Cir. 1982), and Board of explain how substantial competitive or III. Submission of Objections
Trade v. Commodity Futures Trading other business harm would likely result Should you wish to object to
Comm’n, 627 F.2d 392, 403 (D.C. Cir. from release. disclosure of any of the requested
1980)); see also Nat’l Ass’n of Home To demonstrate that disclosure is records (or portions thereof), the
Builders v. Norton, 309 F.3d 26, 38 (D.C. likely to cause substantial competitive Department must receive from you all of
Cir. 2002) (stating ‘‘information is harm, there must be evidence that: (1) the information requested above by no
‘commercial’ under [Exemption 4] if, ‘in You face actual competition; and (2) later than the date specified above in
and of itself,’ it serves a ‘commercial substantial competitive injury would DATES.
function’ or is of a ‘commercial likely result from disclosure. See Lion If you do not submit any objections to
nature.’ ’’). Raisins v. USDA, 354 F.3d 1072, 1079 the disclosure of the information (or
The specific and detailed discussion (9th Cir. 2004); Inner City Press/ portions thereof) to CBD on or before the
that you provide must explain how the Community on the Move v. Federal date specified above in DATES, the
information relates to your commercial Reserve System, 380 F. Supp. 2d 211, Department will presume that you do
interest and the commercial function 220 (S.D.N.Y. 2005); GC Micro Corp. v. not object to such disclosure and may
the information serves or the Def. Logistics Agency, 33 F.3d 1109 (9th release the information without
commercial nature of the information. Cir. 1994); National Parks & redaction. Please note that the
The test to determine if information is Conservation Association v. Kleppe, 547 Department, not you, is responsible for
‘‘privileged’’ or ‘‘confidential’’ under F.2d 673, 679 (D.C. Cir. 1976)
Exemption 4 depends on whether the deciding whether the information
(‘‘National Parks II’’). should be released or withheld. If we
submitter was required to provide the
In order for the Department to fully decide to release records over your
information to the Government or
evaluate whether you are likely to suffer objections, we will inform you at least
whether the submitter voluntarily
substantial competitive injury from 10 business days in advance of the
disclosed the information to the
disclosure of the withheld information, intended release.
Government. Bartholdi Cable. Co. v.
any objections on this basis must Please note that any comments you
FCC, 114 F.3d 274, 281 (D.C. Cir. 1997).
include a detailed explanation of who submit to the Department objecting to
Where you voluntarily provide
your competitors are and the nature of the disclosure of the documents may be
information to the Government, the
the competition. You must also explain subject to disclosure under the FOIA if
information will be considered
confidential for the purposes of with specificity how disclosure of each the Department receives a FOIA request
Exemption 4 ‘‘if it is of a kind that category of information that you object for them. In the event your comments
would customarily not be released to to disclosing on this basis would contain commercial or financial
the public by the person from whom it provide your competitors with valuable information and a requester asks for the
was obtained.’’ Id. (citing Critical Mass insights into your operation, give comments under the FOIA, the
Energy Project v. Nuclear Regulatory competitors pricing advantages over Department will notify you and give you
Commission, 975 F.2d 871, 879 (D.C. you, or unfairly give advantage to an opportunity to comment on the
Cir. 1992) (en banc)). Alternatively, competitors in future business disclosure of such information.
where the Government requires you to negotiations, or any other information Dated: November 14, 2016.
provide information (as is the case for that sufficiently explains the substantial Stephen Guertin,
the information at hand), then competitive injury that would likely
Acting Director, U.S. Fish and Wildlife
commercial or financial information result from disclosure. National Parks II, Service.
generally is ‘‘confidential’’ under 547 F.2d at 684; Center for Public
[FR Doc. 2016–28379 Filed 11–23–16; 8:45 am]
Exemption 4 ‘‘if disclosure . . . is likely Integrity v. Dep’t of Energy, 191 F. Supp.
BILLING CODE 4333–15–P
to have either of the following effects: 2d 187, 194 (D.D.C. 2002); Judicial
(1) Impair the Government’s ability to Watch, Inc. v. Export-Import Bank, 108
obtain necessary information in the F. Supp. 2d 19, 29 (D.D.C. 2000). DEPARTMENT OF THE INTERIOR
future; or (2) cause substantial harm to Additionally, as noted above, you must
the competitive position of the person also certify that any information you Office of the Secretary
from whom it was obtained.’’ National object to disclosing is confidential, you
have not disclosed the information to [178D0102DM/DS64600000/
Parks and Conservation Assoc. v. DLSN00000.000000/DX.64601]
Morton, 498 F.2d 765, 770 (D.C. Cir. the public, and the information is not
1974). A showing of substantial routinely available to the public from Notice of Senior Executive Service
competitive harm is necessary only other sources. See 43 CFR 2.30–2.31. Performance Review Board
where the information in question is As a final matter, please be aware that Appointments
required to be submitted to the the FOIA requires that ‘‘any reasonably
Government. segregable portion of a record’’ must be AGENCY: Office of the Secretary, Interior.
You must explain whether you released after appropriate application of ACTION: Notice.
voluntarily provided the information in the FOIA’s nine exemptions. See 5
U.S.C. 552(b) (discussion after SUMMARY: This notice provides the
question or whether the Government
required the information to be exemptions). In addition, please note names of individuals who have been
submitted. Should you assert that you that, where a record contains both appointed to serve as members of the
voluntarily submitted the information, exempt and nonexempt material, the Department of the Interior Senior
asabaliauskas on DSK3SPTVN1PROD with NOTICES
you must also explain how the bureau will generally separate and Executive Service (SES) Performance
information in question fits into a release the nonexempt information Review Board.
category of information that you when responding to a FOIA request. 43 DATES: These appointments are effective
customarily do not release to the public. CFR 2.25. You should be mindful of this upon publication in the Federal
If you assert that the Government segregability requirement in formulating Register.
required you to submit the information any objections you may have to the FOR FURTHER INFORMATION CONTACT:
in question (as is the case for the disclosure of the information sought by Raymond Limon, Director, Office of
information at hand), then you must CBD. Human Resources, Office of the
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Document Created: 2016-11-23 23:18:21
Document Modified: 2016-11-23 23:18:21
| 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 December 16, 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 85255 |
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