82 FR 60984 - 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

Federal Register Volume 82, Issue 246 (December 26, 2017)

Page Range		60984-60985
FR Document		2017-27814

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

Federal Register, Volume 82 Issue 246 (Tuesday, December 26, 2017)

[Federal Register Volume 82, Number 246 (Tuesday, December 26, 2017)]
[Notices]
[Pages 60984-60985]
From the Federal Register Online  [www.thefederalregister.org]
[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.

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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

60984 Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Notices

to a subscribed docket(s). For assistance at http://www.ferc.gov/docs-filing/ National Family Farm Coalition, et al. v.
with any FERC Online service, please efiling.asp. Commenters can submit U.S. Environmental Protection Agency
email FERCOnlineSupport@ferc.gov. or brief comments up to 6,000 characters, and Scott Pruitt, Case No. 17–70196 (9th
call (866) 208–3676 (toll free). For TTY, without prior registration, using the Cir.) (the ‘‘Dicamba Litigation’’), and in
call (202) 502–8659. eComment system at http:// the consolidated matters of National
Comment Date: 5:00 p.m. Eastern time www.ferc.gov/docs-filing/ Family Farm Coalition, et al. v. U.S.
on January 16, 2018. ecomment.asp. You must include your Environmental Protection Agency and
Dated: December 18, 2017. name and contact information at the end Scott Pruitt, Case No. 17–70810 (9th
of your comments. For assistance, Cir.) and Natural Resources Defense
Kimberly D. Bose,
please contact FERC Online Support. In Council v. Scott Pruitt and U.S.
Secretary. Environmental Protection Agency, Case
lieu of electronic filing, please send a
[FR Doc. 2017–27735 Filed 12–22–17; 8:45 am] No. 17–70817 (9th Cir.) (the ‘‘Enlist Duo
paper copy to: Secretary, Federal Energy
BILLING CODE 6717–01–P Regulatory Commission, 888 First Street Litigation’’), that have been submitted to
NE, Washington, DC 20426. The first EPA by pesticide registrants or other
page of any filing should include docket data-submitters and that have been
DEPARTMENT OF ENERGY claimed to be, or have been determined
number P–848–037.
For further information, contact Kelly to potentially contain, confidential
Federal Energy Regulatory
Wolcott at (202) 502–6480 or business information (collectively
Commission
kelly.wolcott@ferc.gov. ‘‘CBI’’).
[Project No. 848–037–NV] In the ‘‘Dicamba Litigation,’’
Dated: December 19, 2017.
Petitioners seek judicial review of EPA’s
Wells Rural Electric Company; Notice Kimberly D. Bose, order granting a conditional pesticide
of Availability of Environmental Secretary. registration under the Federal
Assessment [FR Doc. 2017–27733 Filed 12–22–17; 8:45 am] Insecticide, Fungicide, and Rodenticide
BILLING CODE 6717–01–P Act (‘‘FIFRA’’) for the new uses of the
In accordance with the National
herbicide dicamba on genetically
Environmental Policy Act of 1969 and
engineered cotton and soybean. In the
the Federal Energy Regulatory
ENVIRONMENTAL PROTECTION ‘‘Enlist Duo Litigation,’’ Petitioners seek
Commission’s (Commission) judicial review of EPA’s order granting
regulations, 18 CFR part 380 (Order No. AGENCY
a conditional pesticide registration
486, 52 FR 47897), the Office of Energy [FRL–9971–91–OCSPP] under FIFRA of the herbicide ‘‘Enlist
Projects has reviewed the application Duo,’’ containing the active ingredients
for a new license for the Trout Creek Production of Confidential Business
2,4-dichlorophenoxyacetic acid choline
Hydroelectric Project, located on Trout Information in Pending Litigation;
salt (‘‘2,4-D’’) and glyphosate
Creek in Elko County, near the Town of Transfer of Information Claimed or
dimethylammonium salt (‘‘glyphosate’’).
Wells, Nevada, and has prepared an Determined to Potentially Contain The documents are being produced as
Environmental Assessment (EA). Confidential Business Information to part of the Administrative Records of
The EA contains the staff’s analysis of the United States Department of the decisions at issue and include
the potential environmental impacts of Justice and Parties to Certain documents that registrants or other data-
the project and concludes that licensing Litigation submitters may have submitted to EPA
the project, with appropriate regarding the pesticides dicamba, 2,4-D,
AGENCY: Environmental Protection
environmental protective measures, and/or glyphosate, and that may be
Agency (EPA).
would not constitute a major federal subject to various release restrictions
action that would significantly affect the ACTION: Notice.
under federal law. The information
quality of the human environment. SUMMARY: The Environmental Protection includes documents submitted with
A copy of the EA is available for Agency (‘‘EPA’’) is providing notice, of pesticide registration applications and
review at the Commission in the Public disclosure of potential confidential may include CBI as well as scientific
Reference Room or may be viewed on business information in litigation. studies subject to the disclosure
the Commission’s website at http:// restrictions of section 10(g) of FIFRA, 7
DATES: Access by U.S. Department of
www.ferc.gov using the ‘‘eLibrary’’ link. U.S.C. 136h(d).
Enter the docket number excluding the Justice (‘‘DOJ’’) and the parties to
All documents that may be subject to
last three digits in the docket number litigation to material, including CBI,
release restrictions under federal law are
field to access documents. For discussed in this Notice, is ongoing and
designated as ‘‘Confidential or
assistance, contact FERC Online expected to continue during the
Restricted Information’’ under
Support at FERCOnlineSupport@ litigation discussed in this Notice. Protective Orders that the Court entered
ferc.gov, (866) 208–3676 (toll free), or FOR FURTHER INFORMATION CONTACT: on November 8, 2017 in both cases (Dkt.
(202) 502–8659 (TTY). Michael L. Goodis, Registration Division 61–2 in the Dicamba Litigation; Dkt.
You may also register online at http:// (7505P), Office of Pesticide Programs, 55–2 in the Enlist Duo Litigation). The
www.ferc.gov/docs-filing/ Environmental Protection Agency, 1200 Protective Orders preclude public
esubscription.asp to be notified via Pennsylvania Ave. NW, Washington, DC disclosure of any such documents by
email of new filings and issuances 20460–0001; main telephone number: the parties in this action who have
related to this or other pending projects. (703) 305–7090; email address: received the information from EPA,
ethrower on DSK3G9T082PROD with NOTICES

For assistance, contact FERC Online RDFRNotices@epa.gov. unless a party successfully obtains a de-
Support. SUPPLEMENTARY INFORMATION: This designation as Confidential or Restricted
Any comments should be filed within notice is being provided, pursuant to 40 Information of any portion of the
30 days from the date of this notice. The CFR 2.209(d), to inform affected Administrative Record via the
Commission strongly encourages businesses that the EPA, via the DOJ, procedure described in paragraph 6 of
electronic filing. Please file comments has recently disclosed documents to the the Protective Orders, and limits the use
using the Commission’s eFiling system parties and the Court in the matter of of such documents to litigation

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Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Notices 60985

purposes only. Further, paragraph 6(h) programs must apply to EPA for a ENVIRONMENTAL PROTECTION
of the Protective Orders states: ‘‘At any revision or modification of those AGENCY
time, the court may de-designate any programs and obtain EPA approval.
portion of the administrative record Subpart D provides standards for such [EPA–HQ–OPP–2017–0466; FRL–9971–10]
without advanced notice to the parties.’’ approvals based on consideration of the
If filed with the Court, such documents electronic document receiving systems Product Cancellation Order for Certain
would be filed under seal and would that the state, tribe, or local government Pesticide Registrations and
not be available for public review, will use to implement the electronic Amendments To Terminate Uses
unless the information contained in the reporting. Additionally, § 3.1000(b)
document has been determined to not through (e) of 40 CFR part 3, subpart D AGENCY: Environmental Protection
be subject to section 10(g) of FIFRA and provides special procedures for program Agency (EPA).
all CBI has been redacted. At the revisions and modifications to allow
conclusion of the litigation, the ACTION: Notice.
electronic reporting, to be used at the
Protective Orders require that record option of the state, tribe or local
material EPA designates as SUMMARY: This notice announces EPA’s
government in place of procedures order for the cancellations and
‘‘Confidential or Restricted Information’’ available under existing program-
be destroyed or returned to EPA. amendments to terminate uses,
specific authorization regulations. An voluntarily requested by the registrants
Dated: December 7, 2017. application submitted under the subpart and accepted by the Agency, of the
Michael L. Goodis, D procedures must show that the state, products listed in Table 1A, Table 1B
Director, Registration Division, Office of tribe or local government has sufficient and Table 2 of Unit II, pursuant to the
Pesticide Programs. legal authority to implement the Federal Insecticide, Fungicide, and
[FR Doc. 2017–27814 Filed 12–22–17; 8:45 am] electronic reporting components of the Rodenticide Act (FIFRA). This
BILLING CODE 6560–50–P programs covered by the application cancellation order follows an October 3,
and will use electronic document 2017 Federal Register Notice of Receipt
receiving systems that meet the of Requests from the registrants listed in
ENVIRONMENTAL PROTECTION applicable subpart D requirements. Table 3 of Unit II to voluntarily cancel
AGENCY and amend to terminate uses of these
On November 3, 2017, the New
[FRL–9970–72–OEI] Mexico Environment Department product registrations. The cancellations
(NMED) submitted an application titled of products listed in Table 1B would
Cross-Media Electronic Reporting: terminate the last Spirodiclofen
‘‘Secure Extranet Portal’’ for revisions/
Authorized Program Revision products registered for use in the United
modifications to its EPA-approved
Approval, State of New Mexico States. In the October 3, 2017 notice,
programs under title 40 CFR to allow
AGENCY: Environmental Protection EPA indicated that it would issue an
new electronic reporting. EPA reviewed
Agency (EPA). order implementing the cancellations
NMED’s request to revise/modify its
and amendments to terminate uses,
ACTION: Notice. EPA-authorized programs and, based on
unless the Agency received substantive
this review, EPA determined that the
SUMMARY: This notice announces EPA’s comments within the 30-day comment
application met the standards for
approval of the State of New Mexico’s period that would merit its further
approval of authorized program review of these requests, or unless the
request to revise/modify certain of its revisions/modifications set out in 40
EPA-authorized programs to allow registrants withdrew their requests. The
CFR part 3, subpart D. In accordance Agency received 5 comments on the
electronic reporting. with 40 CFR 3.1000(d), this notice of
DATES: EPA approves of State of New notice but none merited its further
EPA’s decision to approve New review of the requests. Further, the
Mexico’s authorized program revisions/ Mexico’s request to revise/modify its
modifications as of December 26, 2017. registrants did not withdraw their
following EPA-authorized programs to requests. Accordingly, EPA hereby
FOR FURTHER INFORMATION CONTACT: allow electronic reporting under 40 CFR
Karen Seeh, U.S. Environmental issues in this notice a cancellation order
parts 50–52, 60, 61, 63–65, and 70 is granting the requested cancellations and
Protection Agency, Office of being published in the Federal Register:
Environmental Information, Mail Stop amendments to terminate uses. Any
2823T, 1200 Pennsylvania Avenue NW, Part 52—Approval and Promulgation distribution, sale, or use of the products
Washington, DC 20460, (202) 566–1175, of Implementation Plans; subject to this cancellation order is
seeh.karen@epa.gov. Part 60—Standards of Performance for permitted only in accordance with the
New Stationary Sources; terms of this order, including any
SUPPLEMENTARY INFORMATION: On
existing stocks provisions.
October 13, 2005, the final Cross-Media Part 63—National Emission Standards
Electronic Reporting Rule (CROMERR) for Hazardous Air Pollutants for Source DATES: The cancellations and
was published in the Federal Register Categories; and amendments are applicable December
(70 FR 59848) and codified as part 3 of 26, 2017.
Part 70—State Operating Permit
title 40 of the CFR. CROMERR
Programs. FOR FURTHER INFORMATION CONTACT:
establishes electronic reporting as an
NMED was notified of EPA’s Christopher Green, Information
acceptable regulatory alternative to
determination to approve its application Technology and Resources Management
paper reporting and establishes
ethrower on DSK3G9T082PROD with NOTICES

with respect to the authorized programs Division (7502P), Office of Pesticide
requirements to assure that electronic
Programs, Environmental Protection
documents are as legally dependable as listed above.
Agency, 1200 Pennsylvania Ave. NW,
their paper counterparts. Subpart D of
Matthew Leopard, Washington, DC 20460–0001; telephone
CROMERR requires that state, tribal or
Director, Office of Information Management. number: (703) 347–0367; email address:
local government agencies that receive,
[FR Doc. 2017–27770 Filed 12–22–17; 8:45 am] green.christopher@epa.gov.
or wish to begin receiving, electronic
reports under their EPA-authorized BILLING CODE 6560–50–P SUPPLEMENTARY INFORMATION:

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Document Created: 2017-12-23 03:09:01
Document Modified: 2017-12-23 03:09:01

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.
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.
Contact		Michael L. Goodis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
FR Citation		82 FR 60984