[Federal Register Volume 85, Number 174 (Tuesday, September 8, 2020)]
[Notices]
[Page 55448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19773]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2020-0429; FRL-10013-50]


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: Pesticide Re-Evaluation Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; main telephone 
number: (703) 347-0292; email address: [email protected].

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 consolidated matters of Rural 
Coalition, et al. v. U.S. Environmental Protection Agency, Case No. 20-
70801 (9th Cir.) and Natural Resources Defense Council, et al. v. U.S. 
Environmental Protection Agency et al., Case No. 20-70787 (9th Cir.) 
(collectively, referred to as the ``Glyphosate 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 Glyphosate Litigation, 
the petitioners seek judicial review of EPA's Interim Registration 
Review Decision (Interim Decision) for the pesticide active ingredient 
glyphosate that was issued pursuant to the FIFRA, 7 U.S.C. 136 et seq.
    The documents are being produced as part of the Administrative 
Record of the Interim Decision at issue and include documents that 
registrants or other data-submitters may have submitted to EPA 
regarding the pesticide glyphosate, 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 ``Confidential or Restricted 
Information'' under a Protective Order that parties to the Glyphosate 
litigation jointly filed with the court on July 1, 2020 (Dkt.37-2). 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 Confidential or 
Restricted 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.
    EPA expects to begin providing documents no later than 10 business 
days from the issuance of the Protective Order. 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 FIFRA section 10(g) 
and all CBI has been redacted. At the conclusion of the Glyphosate 
Litigation, paragraph 8 of the Protective Order requires that record 
material EPA designates as ``Confidential or Restricted Information'' 
be destroyed or returned to EPA.

    Authority: 7 U.S.C. 136 et seq.; and 21 U.S.C. 301 et seq.

    Dated: August 31, 2020.
Mary Reaves,
Acting Director, Pesticide Re-Evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2020-19773 Filed 9-4-20; 8:45 am]
BILLING CODE 6560-50-P