[Federal Register Volume 86, Number 7 (Tuesday, January 12, 2021)]
[Notices]
[Pages 2414-2415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00324]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0308; FRL-10017-94]


United States Department of Justice and Parties to Certain 
Litigation; Transfer of Data

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

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: Patricia Biggio, Pesticide Re-
Evaluation Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, 
DC 20460-0001; telephone number: (703) 347-0547; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: This notice is being provided pursuant to 40 
CFR 2.209(d) to inform affected

[[Page 2415]]

businesses that EPA, via DOJ, will provide certain information to the 
parties and the Court in the matter of Natural Resources Defense 
Council v. U.S. Environmental Protection Agency et al., Case No. 20-
72794 (9th Cir.) (``TCVP 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 TCVP Litigation, the Petitioner seeks judicial 
review of EPA's July 21, 2020 denial of the Natural Resources Defense 
Council's 2009 petition requesting that EPA cancel all pet uses of the 
pesticide tetrachlorvinphos (TCVP) registered 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 TCVP, 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: December 1, 2020.
Mary Reaves,
Acting Director, Pesticide Re-Evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2021-00324 Filed 1-11-21; 8:45 am]
BILLING CODE 6560-50-P