Notice2022-02846
United States Department of Justice and Parties to Certain Litigation; Transfer of Data
Primary source
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Published
February 10, 2022
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 87 Issue 28 (Thursday, February 10, 2022)</title>
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[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Notices]
[Pages 7833-7834]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02846]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2022-0170; FRL-9471-01-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 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
[[Page 7834]]
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: Ana Pinto, Pesticide Re-Evaluation
Division (7508P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460;
telephone number: (202) 566-2268; email address: <a href="/cdn-cgi/l/email-protection#fd8d94938992d39c939cbd988d9cd39a928b"><span class="__cf_email__" data-cfemail="c3b3aaadb7aceda2ada283a6b3a2eda4acb5">[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 California Rural Legal Assistance Foundation, et al. v. U.S.
Environmental Protection Agency, et al. (Case No. 21-71287) (9th Cir.)
(``Paraquat 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 Paraquat Litigation, Petitioners seek judicial review of EPA's
July 13, 2021, order titled Paraquat Dichloride, Interim Registration
Review Decision: Case Number 0262 under FIFRA.
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 paraquat and that may be subject to various release
restrictions under federal law. The information includes documents
submitted with pesticide registration applications and registration
review actions 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 ``Protected 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: February 2, 2022.
Mary Reaves,
Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2022-02846 Filed 2-9-22; 8:45 am]
BILLING CODE 6560-50-P
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