[Federal Register Volume 87, Number 231 (Friday, December 2, 2022)]
[Notices]
[Page 74144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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: 
[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. 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