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

• Published date: 09 September 2021
• Citation: 86 FR 50535
• Record Number: 2021-19407
• Section: Notices
• Court: Environmental Protection Agency

Federal Register, Volume 86 Issue 172 (Thursday, September 9, 2021)

[Federal Register Volume 86, Number 172 (Thursday, September 9, 2021)]
                [Notices]
                [Page 50535]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-19407]
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                ENVIRONMENTAL PROTECTION AGENCY
                [EPA-HQ-OPP-2016-0067; FRL-8910-01-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: 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 Migrant Clinicians Network et al. v. U.S. Environmental Protection
                Agency et al. (Case No. 21-70719) (9th Cir.) (``Streptomycin
                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 Streptomycin
                Litigation, Petitioners seek judicial review of EPA's January 12, 2021
                registrations of streptomycin for use on citrus 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 streptomycin, 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: September 1, 2021.
                Daniel Rosenblatt,
                Acting Director, Registration Division, Office of Pesticide Programs.
                [FR Doc. 2021-19407 Filed 9-8-21; 8:45 am]
                BILLING CODE 6560-50-P