[Federal Register Volume 86, Number 169 (Friday, September 3, 2021)]
[Notices]
[Pages 49531-49532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19130]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2018-0038; FRL-8901-01-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

[[Page 49532]]

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: Marietta Echeverria, Registration 
Division (7505P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; telephone number: (703) 305-7090; 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 matter of Center for Biological 
Diversity et al. v. U.S. Environmental Protection Agency (Case No. 20-
73146) (9th Cir.) (``Inpyrfluxam 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 Inpyrfluxam Litigation, Petitioners 
seek judicial review of EPA's August 31, 2020 registrations of 
inpyrfluxam under FIFRA and ESA.
    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 inpyrfluxam, 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: August 31, 2021.
Marietta Echeverria,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2021-19130 Filed 9-2-21; 8:45 am]
BILLING CODE 6560-50-P