50532 Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Notices 

1Supersedes Rate Schedule SRD–13. 

** Extended through September 30, 2023, by 

approval of Rate Order No. SWPA–78 by the 

Administrator, Southwestern Power 

Administration. 

Rayburn Dam, fit within the class of 

categorically excluded actions as listed 

in Appendix B to Subpart D of 10 CFR 

part 1021, the Implementing Procedures 

and Guidelines of the National 

Environmental Policy Act of 1969, as 

amended (42 U.S.C. 4321–4347): 

Categorical exclusions applicable to 

B4.3: Electric power marketing rate 

changes, which does not require 

preparation of either an environmental 

impact statement (EIS) or an 

environmental assessment (EA). On May 

27, 2021, Southwestern determined that 

categorical exclusion B4.3 applies to the 

current action. 

Administrative Procedures 

Under the Administrative Procedure 

Act (5 U.S.C. 553(d)), publication or 

service of a substantive rule must be 

made not less than 30 days before its 

effective date, except (1) a substantive 

rule that grants or recognizes an 

exemption or relieves a restriction; (2) 

interpretative rules and statements of 

policy; or (3) as otherwise provided by 

the agency for good cause found and 

published with the rule. The 

Administrator finds good cause to waive 

the 30-day delay in the effective date of 

this action as unnecessary for the 

following reasons: (1) This is an 

extension of rates previously approved 

by FERC, pursuant to 10 CFR 903.23(a); 

(2) there are no substantive changes, as 

the existing rate schedules and 

anticipated revenues remain the same; 

and (3) the Administrator provided 

notice and opportunity for public 

comment more than 30 days prior to the 

effective date of the rate extension and 

received no comments. 

Order 

In view of the foregoing, and pursuant 

to delegated authority from the 

Secretary of Energy, I hereby extend on 

an interim basis, for the period of two 

years, effective October 1, 2021, through 

September 30, 2023, the current Sam 

Rayburn Dam rate schedule: 

Rate Schedule SRD–15, Wholesale Rates 

for Hydro Power and Energy 

Signing Authority 

This document of the Department of 

Energy was signed on August 30, 2021, 

by Mike Wech, Administrator for 

Southwestern 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 

DOE. This administrative process in no 

way alters the legal effect of this 

document upon publication in the 

Federal Register. 

Signed in Washington, DC, on September 

2, 2021. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

United States Department of Energy 

Southwestern Power Administration 

Rate Schedule SRD–15 1 ** 

Wholesale Rates for Hydro Power and 

Energy Sold to Sam Rayburn Dam 

Electric Cooperative, Inc. 

(Contract No. DE–PM75–92SW00215) 

Effective 

During the period January 1, 2016, 

through September 30, 2023,** in 

accordance with the Federal Energy 

Regulatory Commission (FERC) order 

issued in Docket No. EF16–2–000 (June 

30, 2016), extension approved by the 

Assistant Secretary for Electricity in 

Rate Order No. 75 (Sept. 22, 2019), and 

extension approved by the 

Administrator in Rate Order No. 78 

(August 30, 2021). 

Applicable 

To the power and energy purchased 

by Sam Rayburn Dam Electric 

Cooperative, Inc. (SRDEC) from the 

Southwestern Power Administration 

(Southwestern) under the terms and 

conditions of the Power Sales Contract 

dated October 7, 1992, as amended, for 

the sale of all Hydro Power and Energy 

generated at the Sam Rayburn Dam and 

Reservoir. 

Character and Conditions of Service 

Three-phase, alternating current, 

delivered at approximately 60 Hertz, at 

the nominal voltage, at the point of 

delivery, and in such quantities as are 

specified by contract. 

1. Wholesale Rates, Terms, and 

Conditions for Hydro Power and Energy 

1.1. This rate shall be applicable 

regardless of the quantity of Hydro 

Power and Energy available or delivered 

to SRDEC; provided, however, that if an 

Uncontrollable Force prevents 

utilization of both of the project’s power 

generating units for an entire billing 

period, and if during such billing period 

water releases were being made which 

otherwise would have been used to 

generate Hydro Power and Energy, then 

Southwestern shall, upon request by 

SRDEC, suspend billing for subsequent 

billing periods, until such time as at 

least one of the project’s generating 

units is again available. 

1.2. The term ‘‘Uncontrollable Force,’’ 

as used herein, shall mean any force 

which is not within the control of the 

party affected, including, but not 

limited to, failure of water supply, 

failure of facilities, flood, earthquake, 

storm, lightning, fire, epidemic, riot, 

civil disturbance, labor disturbance, 

sabotage, war, acts of war, terrorist acts, 

or restraint by court of general 

jurisdiction, which by exercise of due 

diligence and foresight, such party 

could not reasonably have been 

expected to avoid. 

1.3. Hydro Power Rates, Terms, and 

Conditions. 

1.3.1. Monthly Charge for the Period 

of January 1, 2016, through September 

30, 2023. 

$380,316 per month ($4,563,792 per 

year) for Sam Rayburn Dam Hydro 

Power and Energy purchased by SRDEC 

from January 1, 2016, through 

September 30, 2023. 

[FR Doc. 2021–19395 Filed 9–8–21; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Southwestern Power Administration 

Robert D. Willis Hydropower Project 

Rate Schedule 

AGENCY: Southwestern Power 

Administration, DOE. 

ACTION: Notice of extension of Robert D. 

Willis Hydropower Project rate 

schedule. 

SUMMARY: The Administrator, 

Southwestern Power Administration 

(Southwestern) has approved and 

placed into effect on an interim basis 

Rate Order No. SWPA–79, which 

extends the following existing 

Southwestern Robert D. Willis 

Hydropower Project rate: Rate Schedule 

RDW–15, Wholesale Rates for Hydro 

Power and Energy. This is an interim 

rate action effective October 1, 2021, 

extending for a period of two years 

through September 30, 2023. 

DATES: The effective period for the rate 

schedule specified in Rate Order No. 

SWPA–79 is October 1, 2021, through 

September 30, 2023. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Fritha Ohlson, Senior Vice President 

and Chief Operating Officer, Office of 


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Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Notices 50533 

Corporate Operations, Southwestern 

Power Administration, U.S. Department 

of Energy, One West Third Street, Tulsa, 

Oklahoma 74103, (918) 595–6684 or 

email: fritha.ohlson@swpa.gov. 

SUPPLEMENTARY INFORMATION: Rate Order 

No. SWPA–79 is approved and placed 

into effect on an interim basis for the 

period October 1, 2021, through 

September 30, 2023, for the following 

Southwestern Robert D. Willis 

Hydropower Project (Robert D. Willis) 

rate schedule: Rate Schedule RDW–15, 

Wholesale Rates for Hydro Power and 

Energy. 

Decision Rationale 

The Southwestern Administrator 

completed an annual review of the 

continuing adequacy of the existing rate 

schedule for Robert D. Willis. This 

review, as presented in the 2021 Robert 

D. Willis Power Repayment Studies 

(PRSs), indicated the need for a 1.0 

percent revenue increase to continue to 

satisfy cost recovery criteria. It is 

Southwestern practice for the 

Administrator to defer, on a case-bycase basis, revenue adjustments for an 

isolated project if such adjustments are 

within plus or minus five percent of the 

revenue estimated from the current rate 

schedule. The deferral of a revenue 

adjustment (rate change) provides for 

rate stability and savings on the 

administrative cost of implementation. 

The Administrator determined it to be 

prudent to defer the increase and allow 

the current rate schedule, which is set 

to expire September 30, 2021, to remain 

in effect. 

To ensure that Southwestern has a 

rate schedule in effect for collection of 

revenue in order to meet its repayment 

obligations, the Administrator has 

approved and placed into effect a twoyear extension of the Robert D. Willis 

rate schedule for the period October 1, 

2021, through September 30, 2023. 

The Administrator followed part 903, 

subpart A of title 10 of the Code of 

Federal Regulations (CFR), ‘‘Procedures 

for Public Participation in Power and 

Transmission Rate Adjustments and 

Extensions’’ for the extension to the rate 

schedule. The public was informed by 

notice published in the Federal Register 

(86 FR 31500 (June 14, 2021)) of the 

proposed extension of the rate schedule 

and of the opportunity to provide 

written comments for a period of 30 

days ending July 14, 2021. No 

comments were received. 

Legal Authority 

By Delegation Order No. 00–037.00B, 

effective November 19, 2016, the 

Secretary of Energy delegated: (1) The 

authority to develop power and 

transmission rates to the Southwestern 

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–S4–2021, 

effective February 25, 2021, the Acting 

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 Science (and 

Energy). By Redelegation Order No. S4– 

DEL–OE1–2021, effective March 25, 

2021, the Acting Under Secretary for 

Science (and Energy) redelegated the 

authority to confirm, approve, and place 

such rates into effect on an interim basis 

to the Assistant Secretary for Electricity. 

And by Redelegation Order No. 00– 

002.10–04, effective July 8, 2020, the 

Assistant Secretary for Electricity 

further redelegated the authority to 

confirm, approve, and place such rates 

into effect on an interim basis to the 

Southwestern Administrator. This 

redelegation order, despite predating the 

February 2021 delegation and March 

2021 redelegations, remains valid. By 

these delegations, and in accordance 

with 10 CFR 903.22(h) and 10 CFR 

903.23(a), as amended (84 FR 5347, 

5350 (Feb. 21, 2019)), the Administrator 

may approve and extend, on an interim 

basis, rates previously confirmed and 

approved by FERC beyond the period 

specified by FERC. 

Environmental Impact 

Southwestern previously determined 

that the rate change action, placed into 

effect on January 1, 2016 for Robert D. 

Willis fit within the class of 

categorically excluded actions as listed 

in Appendix B to Subpart D of 10 CFR 

part 1021, Implementing Procedures 

and Guidelines of the National 

Environmental Policy Act of 1969, as 

amended (42 U.S.C. 4321–4347): 

Categorical exclusions applicable to 

B4.3: Electric power marketing rate 

changes, which does not require 

preparation of either an environmental 

impact statement (EIS) or an 

environmental assessment (EA). On May 

27, 2021, Southwestern determined that 

categorical exclusion B4.3 applies to the 

current action. 

Determination Under Executive Order 

12866 

Southwestern 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. 

United States of America 

Department of Energy 

Administrator, Southwestern Power 

Administration 

In the matter of: Southwestern Power 

Administration Robert D. Willis 

Hydropower Project Rate Schedule 

Rate Order No. SWPA–79 

Order Approving Extension of Rate 

Schedule on an Interim Basis 

(August 30, 2021) 

Pursuant to Sections 301(b) and 

302(a) of the Department of Energy 

Organization Act, 42 U.S.C. 7151(b) and 

7152(a), the functions of the Secretary of 

the Interior and the Federal Power 

Commission under Section 5 of the 

Flood Control Act of 1944, 16 U.S.C. 

825s, relating to the Southwestern 

Power Administration (Southwestern), 

were transferred to and vested in the 

Secretary of Energy. By Delegation 

Order No. 00–037.00B, effective 

November 19, 2016, the Secretary of 

Energy delegated: (1) The authority to 

develop power and transmission rates to 

the Southwestern 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 

the Federal Energy Regulatory 

Commission (FERC). By Delegation 

Order No. S1–DEL–S4–2021, effective 

February 25, 2021, the Acting 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 Science (and 

Energy). By Redelegation Order No. S4– 

DEL–OE1–2021, effective March 25, 

2021, the Acting Under Secretary for 

Science (and Energy) redelegated the 

authority to confirm, approve, and place 

such rates into effect on an interim basis 

to the Assistant Secretary for Electricity. 

And by Redelegation Order No. 00– 

002.10–04, effective July 8, 2020, the 

Assistant Secretary for Electricity 

further redelegated the authority to 

confirm, approve, and place such rates 

into effect on an interim basis to the 

Southwestern Administrator. This 

redelegation order, despite predating the 

February 2021 delegation and March 

2021 redelegation, remains valid. By 

these delegations, and in accordance 

with 10 CFR 903.22(h) and 10 CFR 

903.23(a), as amended (84 FR 5347, 

5350 (Feb. 21, 2019)), the Southwestern 

Administrator may approve and extend, 

on an interim basis, rates previously 

confirmed and approved by FERC 

beyond the period specified by FERC. 

Pursuant to that delegated authority, the 


lotter on DSK11XQN23PROD with NOTICES1
50534 Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Notices 

1Supersedes Rate Schedule RDW–13. 

** Extended through September 30, 2023, by 

approval of Rate Order No. SWPA–79 by the 

Southwestern Administrator has issued 

this interim rate order. 

Background 

The following rate schedule for the 

Robert D. Willis Hydropower Project 

(Robert D. Willis) was confirmed and 

approved on a final basis by FERC on 

June 15, 2016, in Docket No. EF16–1– 

000 (155 FERC ¶ 62,213), for the period 

January 1, 2016, through September 30, 

2019. 

Rate Schedule RDW–15, Wholesale 

Rates for Hydro Power and Energy 

Since initial FERC approval, the 

Assistant Secretary for Electricity 

extended the Robert D. Willis rate 

schedule RDW–15 for a period of two 

years, from October 1, 2019, through 

September 30, 2021, in Rate Order No. 

SWPA–76. 

Discussion 

The existing Robert D. Willis rate 

schedule is based on the Southwestern 

2015 power repayment studies (PRSs). 

PRSs have been completed for Robert D. 

Willis, an isolated project, each year 

since approval of the existing rate 

schedule. Since 2015, subsequent PRSs 

have indicated the need for a minimal 

rate increase, all within the plus or 

minus five percent isolated project rate 

adjustment threshold practice 

established by the Administrator on 

September 8, 2003. Therefore, the 

Administrator deferred in the best 

interest of the government. 

However, the existing rate schedule is 

set to expire on September 30, 2021. 

Consequently, Southwestern proposed 

to extend the existing rate schedule for 

a two-year period ending September 30, 

2023, on an interim basis under the 

implementation authorities noted in 10 

CFR 903.22(h) and 10 CFR 903.23(a). 

Southwestern followed 10 CFR part 

903, ‘‘Procedures for Public 

Participation in Power and 

Transmission Rate Adjustments and 

Extensions’’ for the proposed extension 

of the rate schedule. An opportunity for 

customers and other interested members 

of the public to review and comment on 

the proposed extension of the rate 

schedule was announced by notice 

published in the Federal Register on 

June 14, 2021 (86 FR 31500), with 

written comments due by July 14, 2021. 

Comments and Responses 

Southwestern received no comments 

regarding the extension of the rate 

schedule. 

Availability of Information 

Information regarding the extension of 

the rate schedule is available for public 

review in the offices of Southwestern 

Power Administration, Williams Tower 

I, One West Third Street, Tulsa, 

Oklahoma 74103. The rate schedule is 

available on the Southwestern website 

at www.swpa.gov. 

Administration’s Certification 

The 2015 Robert D. Willis PRSs 

indicated that the current rate schedule 

will repay all costs, including 

amortization of the power investment 

consistent with the provisions of 

Department of Energy Order No. RA 

6120.2. The 2021 Robert D. Willis PRSs 

indicated the need for an annual 

revenue increase of 1.0 percent. 

However, the 2021 rate adjustment falls 

within the Southwestern established 

plus or minus five percent isolated 

project rate adjustment threshold 

practice and was deferred. 

The Southwestern 2022 PRSs will 

determine the appropriate level of 

revenues needed for the next rate 

period. In accordance with Delegation 

Order No. 00–037.00B, effective 

November 19, 2016, and Section 5 of the 

Flood Control Act of 1944, the 

Administrator has determined that the 

existing rate schedule is the lowest 

possible rate consistent with sound 

business principles, and the extension is 

consistent with applicable law. 

Environment 

Southwestern previously determined 

that the rate change actions, placed into 

effect on January 1, 2016 for Robert D. 

Willis, fit within the class of 

categorically excluded actions as listed 

in Appendix B to Subpart D of 10 CFR 

part 1021, Implementing Procedures 

and Guidelines of the National 

Environmental Policy Act of 1969, as 

amended (42 U.S.C. 4321–4347): 

Categorical exclusions applicable to 

B4.3: Electric power marketing rate 

changes, which does not require 

preparation of either an environmental 

impact statement (EIS) or an 

environmental assessment (EA). On May 

27, 2021, Southwestern determined that 

categorical exclusion B4.3 applies to the 

current action. 

Administrative Procedures 

Under the Administrative Procedure 

Act (5 U.S.C. 553(d)), publication or 

service of a substantive rule must be 

made not less than 30 days before its 

effective date, except (1) a substantive 

rule that grants or recognizes an 

exemption or relieves a restriction; (2) 

interpretative rules and statements of 

policy; or (3) as otherwise provided by 

the agency for good cause found and 

published with the rule. The 

Administrator finds good cause to waive 

the 30-day delay in the effective date of 

this action as unnecessary for the 

following reasons: (1) This is an 

extension of rates previously approved 

by FERC, pursuant to 10 CFR 903.23(a); 

(2) there are no substantive changes, as 

the existing rate schedules and 

anticipated revenues remain the same; 

and (3) the Administrator provided 

notice and opportunity for public 

comment more than 30 days prior to the 

effective date of the rate extension and 

received no comments. 

Order 

In view of the foregoing, and pursuant 

to delegated authority from the 

Secretary of Energy, I hereby extend on 

an interim basis, for the period of two 

years, effective October 1, 2021 through 

September 30, 2023, the current Robert 

D. Willis rate schedule: 

Rate Schedule RDW–15, Wholesale 

Rates for Hydro Power and Energy 

Signing Authority 

This document of the Department of 

Energy was signed on August 30, 2021, 

by Mike Wech, Administrator for 

Southwestern 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 

DOE. This administrative process in no 

way alters the legal effect of this 

document upon publication in the 

Federal Register. 

Signed in Washington, DC, on September 

2, 2021. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

United States Department of Energy 

Southwestern Power Administration 

Rate Schedule RDW–15 1 ** 

Wholesale Rates for Hydro Power and 

Energy 

Sold to Sam Rayburn Municipal Power 

Agency 

(Contract No. DE–PM75–85SW00117) 

Effective 

During the period January 1, 2016, 

through September 30, 2023,** in 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Notices 50535 

Administrator, Southwestern Power 

Administration. 

accordance with the Federal Energy 

Regulatory Commission (FERC) order 

issued in Docket No. EF16–1–000 (June 

15, 2016), extension approved by the 

Assistant Secretary for Electricity in 

Rate Order No. 76 (Sept. 22, 2019), and 

extension approved by the 

Administrator in Rate Order No. 79 

(August 30, 2021). 

Applicable 

To the power and energy purchased 

by Sam Rayburn Municipal Power 

Agency (SRMPA) from the 

Southwestern Power Administration 

(Southwestern) under the terms and 

conditions of the Power Sales Contract 

dated June 28, 1985, as amended, for the 

sale of all Hydro Power and Energy 

generated at the Robert Douglas Willis 

Hydropower Project (Robert D. Willis) 

(formerly designated as Town Bluff). 

Character and Conditions of Service 

Three-phase, alternating current, 

delivered at approximately 60 Hertz, at 

the nominal voltage, at the point of 

delivery, and in such quantities as are 

specified by contract. 

1. Wholesale Rates, Terms, and 

Conditions for Hydro Power and Energy 

1.1. These rates shall be applicable 

regardless of the quantity of Hydro 

Power and Energy available or delivered 

to SRMPA; provided, however, that if an 

Uncontrollable Force prevents 

utilization of both of the project’s power 

generating units for an entire billing 

period, and if during such billing period 

water releases were being made which 

otherwise would have been used to 

generate Hydro Power and Energy, then 

Southwestern shall, upon request by 

SRMPA, suspend billing for subsequent 

billing periods, until such time as at 

least one of the project’s generating 

units is again available. 

1.2. The term ‘‘Uncontrollable Force,’’ 

as used herein, shall mean any force 

which is not within the control of the 

party affected, including, but not 

limited to, failure of water supply, 

failure of facilities, flood, earthquake, 

storm, lightning, fire, epidemic, riot, 

civil disturbance, labor disturbance, 

sabotage, war, acts of war, terrorist acts, 

or restraint by court of general 

jurisdiction, which by exercise of due 

diligence and foresight such party could 

not reasonably have been expected to 

avoid. 

1.3. Hydro Power Rates, Term, and 

Conditions 

1.3.1. Monthly Charge for the Period 

of January 1, 2016, through December 

31, 2016. 

$102,681 per month ($1,232,166 per 

year) for Robert D. Willis Hydro Power 

and Energy purchased by SRMPA from 

January 1, 2016, through December 31, 

2016. 

1.3.2. Monthly Charge for the Period 

of January 1, 2017, through September 

30, 2023. 

$106,903 per month ($1,282,836 per 

year) for Robert D. Willis Hydro Power 

and Energy purchased by SRMPA from 

January 1, 2017, through September 30, 

2023. 

[FR Doc. 2021–19396 Filed 9–8–21; 8:45 am] 

BILLING CODE 6450–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2016–0067; FRL–8910–01– 

OCSPP] 

United States Department of Justice 

and Parties to Certain Litigation; 

Transfer of Data 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice 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 

Notice. 

FOR FURTHER INFORMATION CONTACT: 

Marietta Echeverria, Registration 

Division (7505P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001; telephone 

number: (703) 305–7090; email address: 

RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

notice is being provided pursuant to 40 

CFR 2.209(d) to inform affected 

businesses that EPA, via DOJ, will 

provide certain information to the 

parties and the Court in the matter of 

Migrant Clinicians Network et al. v. U.S. 

Environmental Protection Agency et al. 

(Case No. 21–70719) (9th Cir.) 

(‘‘Streptomycin litigation’’). 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 

Streptomycin Litigation, Petitioners 

seek judicial review of EPA’s January 

12, 2021 registrations of streptomycin 

for use on citrus under FIFRA and ESA. 

The documents are being produced as 

part of the Administrative Record of the 

decision at issue and include 

documents that registrants or other datasubmitters may have submitted to EPA 

regarding the pesticide streptomycin, 

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 FIFRA section 

10(g), 7 U.S.C. 136h(g). 

All documents that may be subject to 

release restrictions under federal law 

will be designated as ‘‘Confidential or 

Restricted Information’’ in the certified 

list of record materials that EPA will file 

in this case. Further, EPA intends to 

seek a Protective Order that would 

preclude public disclosure of any such 

documents by the parties in this action 

who have received the information from 

EPA, and that would limit the use of 

such documents to litigation purposes 

only. EPA would only produce such 

documents in accordance with the 

Protective Order. The anticipated 

Protective Order would require that 

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 FIFRA 

section 10(g) and all CBI has been 

redacted. 

Authority: 7 U.S.C. 136 et seq.; 21 

U.S.C. 301 et seq. 

Dated: September 1, 2021. 

Daniel Rosenblatt, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

[FR Doc. 2021–19407 Filed 9–8–21; 8:45 am] 

BILLING CODE 6560–50–P 


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