Notice2021-19130
United States Department of Justice and Parties to Certain Litigation; Transfer of Data
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 3, 2021
Issuing agencies
Environmental Protection Agency
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 169 (Friday, September 3, 2021)</title>
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[Federal Register Volume 86, Number 169 (Friday, September 3, 2021)]
[Notices]
[Pages 49531-49532]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19130]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2018-0038; FRL-8901-01-OCSPP]
United States Department of Justice and Parties to Certain
Litigation; Transfer of Data
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces that pesticide related information
submitted to the Environmental Protection Agency (EPA) pursuant to the
Federal Insecticide, Fungicide, and Rodenticide
[[Page 49532]]
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:
<a href="/cdn-cgi/l/email-protection#a8faeceefae6c7dcc1cbcddbe8cdd8c986cfc7de"><span class="__cf_email__" data-cfemail="a6f4e2e0f4e8c9d2cfc5c3d5e6c3d6c788c1c9d0">[email protected]</span></a>.
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 Center for Biological
Diversity et al. v. U.S. Environmental Protection Agency (Case No. 20-
73146) (9th Cir.) (``Inpyrfluxam litigation''). The information is
contained in documents that have been submitted to EPA pursuant to
FIFRA and FFDCA by pesticide registrants or other data-submitters,
including information that has been claimed to be, or determined to
potentially contain, CBI. In the Inpyrfluxam Litigation, Petitioners
seek judicial review of EPA's August 31, 2020 registrations of
inpyrfluxam 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 data-submitters may have submitted to EPA regarding the
pesticide inpyrfluxam, 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: August 31, 2021.
Marietta Echeverria,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2021-19130 Filed 9-2-21; 8:45 am]
BILLING CODE 6560-50-P
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