Notice2024-01503
United States Department of Justice and Parties to Certain Litigation; Transfer of Information Potentially Containing Confidential Business Information
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
January 26, 2024
Issuing agencies
Environmental Protection Agency
Abstract
This document 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 89 Issue 18 (Friday, January 26, 2024)</title>
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[Federal Register Volume 89, Number 18 (Friday, January 26, 2024)]
[Notices]
[Pages 5227-5228]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-01503]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2021-0957; FRL-11675-01-OCSPP]
United States Department of Justice and Parties to Certain
Litigation; Transfer of Information Potentially Containing Confidential
Business Information
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This document 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 document.
FOR FURTHER INFORMATION CONTACT: Charles Smith, Registration Division
(7505M), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number:
(202) 566-2659; email address: <a href="/cdn-cgi/l/email-protection#54061012061a3b203d373127143124357a333b22"><span class="__cf_email__" data-cfemail="9cced8daced2f3e8f5fff9efdcf9ecfdb2fbf3ea">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This document is being provided pursuant to
[[Page 5228]]
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 Food Safety, et al. v. U.S. Environmental Protection
Agency, et al. (Case No. 1:23-cv-1633) (D.D.C.). 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 pending litigation, petitioners seek
judicial review of EPA's decision of January 11, 2022, to extend the
time-limited registrations for GF-3335 Enlist One, an herbicide
containing the active ingredient 2,4-dichlorophenoxyacetic acid choline
salt (``2,4-D''), and Enlist Duo an herbicide containing the active
ingredients 2,4-D and glyphosate dimethylammonium salt
(``glyphosate''), as well as EPA's decision of March 29, 2022, to allow
use of those herbicides in additional counties.
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 Enlist
One and Enlist Duo pesticide products, 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 ``Protected Information'' in the
certified list of record materials and are designated as ``Protected
Information'' under a Protective Order that the Court entered on
December 19, 2023. The Protective Order precludes 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 Protected Information of any portion of the
Administrative Record via the procedure described in paragraph 6 of the
Protective Order and limits the use of such documents to litigation
purposes only. Further, paragraph 6(h) of the Protective Order 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 Order requires
that record material EPA designates as ``Protected Information'' be
destroyed or returned to EPA.
Authority: 7 U.S.C. 136 et seq.; 21 U.S.C. 301 et seq.
Dated: January 18, 2024.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2024-01503 Filed 1-25-24; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on January 26, 2024.
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