Notice2022-26251
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
December 2, 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 231 (Friday, December 2, 2022)</title>
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[Federal Register Volume 87, Number 231 (Friday, December 2, 2022)]
[Notices]
[Page 74144]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26251]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2020-0492; FRL-10432-01-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 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: Daniel Rosenblatt, Registration
Division (7505T), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; telephone number: (202) 566-2659; email address:
<a href="/cdn-cgi/l/email-protection#f4a6b0b2a6ba9b809d979187b4918495da939b82"><span class="__cf_email__" data-cfemail="23716765716d4c574a404650634653420d444c55">[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. United States
Environmental Protection Agency et al., Case No. 4:20-cv-00555-DCB (D.
Ariz.) (``Dicamba 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 Dicamba Litigation, the plaintiffs seek judicial
review of three EPA registration decisions and related registration
amendments for products that contain dicamba for use on dicamba-
tolerant cotton and soybeans, issued under FIFRA, 7 U.S.C. 136 et seq.
The documents are being produced as part of the Administrative
Record of the decisions at issue and include documents that registrants
or other data-submitters may have submitted to EPA regarding the
pesticide dicamba, 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 are designated as ``Protected Information'' under a
Protective Order that was entered by the court in the Dicamba
Litigation on November 10, 2022 (Doc. No. 93). The Protective Order
precludes public disclosure of any such documents by the parties in
this action who have received the information from EPA and limits the
use of such documents to litigation purposes only. If filed with the
Court, the Protective Order requires that such documents be filed under
seal and not be available for public review.
Authority: 7 U.S.C. 136 et seq.; 21 U.S.C. 301 et seq.
Dated: November 22, 2022.
Daniel Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2022-26251 Filed 12-1-22; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on December 2, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.