United States Department of Justice and Parties to Certain Litigation; Transfer of Data, 55448 [2020-19773]

Download as PDF 55448 Federal Register / Vol. 85, No. 174 / Tuesday, September 8, 2020 / Notices • Submitters must clearly identify the source of any submitted data or information. • Submitters may request the Agency to reconsider data or information that the Agency rejected in a previous review. However, submitters must explain why they believe the Agency should reconsider the data or information in the pesticide’s registration review. As provided in 40 CFR 155.58, the registration review docket for each pesticide case will remain publicly accessible through the duration of the registration review process; that is, until all actions required in the final decision on the registration review case have been completed. Authority: 7 U.S.C. 136 et seq. Dated: August 25, 2020. Mary Reaves, Acting Director, Pesticide Re-Evaluation Division, Office of Pesticide Programs. [FR Doc. 2020–19778 Filed 9–4–20; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2020–0429; FRL–10013–50] United States Department of Justice and Parties to Certain Litigation; Transfer of Data Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: 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: Pesticide Re-Evaluation Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; main telephone number: jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 16:32 Sep 04, 2020 Jkt 250001 (703) 347–0292; email address: glyphosateregreview@epa.gov. 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 consolidated matters of Rural Coalition, et al. v. U.S. Environmental Protection Agency, Case No. 20–70801 (9th Cir.) and Natural Resources Defense Council, et al. v. U.S. Environmental Protection Agency et al., Case No. 20–70787 (9th Cir.) (collectively, referred to as the ‘‘Glyphosate Litigation’’). The information is contained in documents that have been submitted to EPA pursuant to FIFRA and FFDCA by pesticide registrants or other datasubmitters, including information that has been claimed to be, or determined to potentially contain CBI. In the Glyphosate Litigation, the petitioners seek judicial review of EPA’s Interim Registration Review Decision (Interim Decision) for the pesticide active ingredient glyphosate that was issued pursuant to the FIFRA, 7 U.S.C. 136 et seq. The documents are being produced as part of the Administrative Record of the Interim Decision at issue and include documents that registrants or other datasubmitters may have submitted to EPA regarding the pesticide glyphosate, 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 ‘‘Confidential or Restricted Information’’ under a Protective Order that parties to the Glyphosate litigation jointly filed with the court on July 1, 2020 (Dkt.37–2). The Protective Order precludes public disclosure of any such documents by the parties in this action who have received the information from EPA, unless a party successfully obtains a dedesignation as Confidential or Restricted Information of any portion of the Administrative Record via the procedure described in paragraph 6 of the Protective Order, and limits the use of such documents to litigation purposes only. EPA expects to begin providing documents no later than 10 business days from the issuance of the Protective Order. If filed with the Court, such documents would be filed under seal PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 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. At the conclusion of the Glyphosate Litigation, paragraph 8 of the Protective Order requires that record material EPA designates as ‘‘Confidential or Restricted Information’’ be destroyed or returned to EPA. Authority: 7 U.S.C. 136 et seq.; and 21 U.S.C. 301 et seq. Dated: August 31, 2020. Mary Reaves, Acting Director, Pesticide Re-Evaluation Division, Office of Pesticide Programs. [FR Doc. 2020–19773 Filed 9–4–20; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2019–0682; FRL–10013–29] EPA Draft Proposal To Improve Lepidopteran Resistance Management; Notice of Availability Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: EPA is making available for public comment a proposal to improve current resistance management strategies for certain Lepidopteran pests of Bacillus thuringiensis (Bt) plantincorporated protectants (PIPs) in corn and cotton. EPA is soliciting input from all affected stakeholders such as corn and cotton growers, crop consultants, industry, academia, non-governmental organizations and the general public. DATES: Comments must be received on or before November 9, 2020. ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA–HQ–OPP–2019–0682, by one of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. • Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/ DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001. • Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at https:// www.epa.gov/dockets/contacts.html. SUMMARY: E:\FR\FM\08SEN1.SGM 08SEN1

Agencies

[Federal Register Volume 85, Number 174 (Tuesday, September 8, 2020)]
[Notices]
[Page 55448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19773]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2020-0429; FRL-10013-50]


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: Pesticide Re-Evaluation Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; main telephone 
number: (703) 347-0292; 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 consolidated matters of Rural 
Coalition, et al. v. U.S. Environmental Protection Agency, Case No. 20-
70801 (9th Cir.) and Natural Resources Defense Council, et al. v. U.S. 
Environmental Protection Agency et al., Case No. 20-70787 (9th Cir.) 
(collectively, referred to as the ``Glyphosate 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 Glyphosate Litigation, 
the petitioners seek judicial review of EPA's Interim Registration 
Review Decision (Interim Decision) for the pesticide active ingredient 
glyphosate that was issued pursuant to the FIFRA, 7 U.S.C. 136 et seq.
    The documents are being produced as part of the Administrative 
Record of the Interim Decision at issue and include documents that 
registrants or other data-submitters may have submitted to EPA 
regarding the pesticide glyphosate, 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 ``Confidential or Restricted 
Information'' under a Protective Order that parties to the Glyphosate 
litigation jointly filed with the court on July 1, 2020 (Dkt.37-2). The 
Protective Order precludes public disclosure of any such documents by 
the parties in this action who have received the information from EPA, 
unless a party successfully obtains a de-designation as Confidential or 
Restricted Information of any portion of the Administrative Record via 
the procedure described in paragraph 6 of the Protective Order, and 
limits the use of such documents to litigation purposes only.
    EPA expects to begin providing documents no later than 10 business 
days from the issuance of the Protective Order. If filed with the 
Court, 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. At the conclusion of the Glyphosate 
Litigation, paragraph 8 of the Protective Order requires that record 
material EPA designates as ``Confidential or Restricted Information'' 
be destroyed or returned to EPA.

    Authority: 7 U.S.C. 136 et seq.; and 21 U.S.C. 301 et seq.

    Dated: August 31, 2020.
Mary Reaves,
Acting Director, Pesticide Re-Evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2020-19773 Filed 9-4-20; 8:45 am]
BILLING CODE 6560-50-P
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