[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Notices]
[Pages 7833-7834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02846]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2022-0170; FRL-9471-01-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

[[Page 7834]]

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: Ana Pinto, Pesticide Re-Evaluation 
Division (7508P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; 
telephone number: (202) 566-2268; 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 California Rural Legal Assistance Foundation, et al. v. U.S. 
Environmental Protection Agency, et al. (Case No. 21-71287) (9th Cir.) 
(``Paraquat 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 Paraquat Litigation, Petitioners seek judicial review of EPA's 
July 13, 2021, order titled Paraquat Dichloride, Interim Registration 
Review Decision: Case Number 0262 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 paraquat and that may be subject to various release 
restrictions under federal law. The information includes documents 
submitted with pesticide registration applications and registration 
review actions 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 ``Protected 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: February 2, 2022.
Mary Reaves,
Director, Pesticide Re-Evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2022-02846 Filed 2-9-22; 8:45 am]
BILLING CODE 6560-50-P


