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###### Environmental Protection Agency

          - [EPA-HQ-OPP-2009-0143; FRL-8421-4]

# AGENCY: 

Environmental Protection Agency (EPA).

# ACTION: 

Notice.

# SUMMARY: 

This notice announces that pesticide related information submitted to EPA's Office of Pesticide Programs (OPP) 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 Industrial Economics, Incorporated in accordance with 40 CFR 2.307(h)(3) and 2.308(i)(2). Industrial Economics, Incorporated has been awarded multiple contracts to perform work for OPP, and access to this information will enable Industrial Economics, Incorporated to fulfill the obligations of the contract.

# DATES: 

 Industrial Economics, Incorporated will be given access to this information on or before June 29, 2009.

# FOR FURTHER INFORMATION CONTACT: 

                        Felicia Croom, Information Technology and Resources Management Division (7502P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:                               ( print page 30087)                            (703) 305-0786; e-mail address:                         *croom.felicia@epa.gov*.                    

# SUPPLEMENTARY INFORMATION:

## I. General Information

### A. Does this Action Apply to Me?

                    This action applies to the public in general. As such, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under                     **FOR FURTHER INFORMATION CONTACT**                    .                

### B. How Can I Get Copies of this Document and Other Related Information?

                    1.                     *Docket*. EPA has established a docket for this action under docket identification (ID) number EPA-HQ-OPP-2009-0143. Publicly available docket materials are available either in the electronic docket at                     *http://www.regulations.gov*, or, if only available in hard copy, at the Office of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is (703) 305-5805.                

                    2.                     *Electronic access*. You may access this                     **Federal Register**                     document electronically through the EPA Internet under the “                    **Federal Register**                    ” listings at                     *http://www.epa.gov/​fedrgstr*.                

## II. Contractor Requirements

Under these contract numbers, the contractor will perform the following:

 Under Contract Nos. EP07H00213 and EP-W-07-025, Industrial Economics, Incorporated (IEc) will access FIFRA/CBI data in the preparation of financial analyses of the firms that are the subject of EPA enforcement actions taken under FIFRA. In the course of these enforcement actions, IEc may need to review such documents as a violator's tax returns, financial statements, sales data, bank statements, recent load applications, W-2 Forms, etc. The contractor needs this information in order to determine what the violator can afford vis a vis compliance cost, clean-up cost and civil penalties. IEC may also be reviewing this information in regards to determining how much money and economic benefit, the violators obtained by violating the law. For example, if the violations involved the illegal sale of an unregistered pesticide, EPA' s policy is to determine the size of the violator' s economic benefit and make that benefit plus a nontrivial gravity component the minimum civil penalty.

These contracts involve no subcontractors.

The OPP has determined that the contracts described in this document involve work that is being conducted in connection with FIFRA, in that pesticide chemicals will be the subject of certain evaluations to be made under this contract. These evaluations may be used in subsequent regulatory decisions under FIFRA.

Some of this information may be entitled to confidential treatment. The information has been submitted to EPA under sections 3, 4, 6, and 7 of FIFRA and under sections 408 and 409 of FFDCA.

                    In accordance with the requirements of 40 CFR 2.307(h)(3), the contracts with Industrial Economics, Incorporated, prohibits use of the information for any purpose not specified in these contracts; prohibits disclosure of the information to a third party without prior written approval from the Agency; and requires that each official and employee of the contractor sign an agreement to protect the information from unauthorized release and to handle it in accordance with the                     *FIFRA Information Security Manual*. In addition, Industrial Economics, Incorporated is required to submit for EPA approval a security plan under which any CBI will be secured and protected against unauthorized release or compromise. No information will be provided to Industrial Economics, Incorporated until the requirements in this document have been fully satisfied. Records of information provided to Industrial Economics, Incorporated will be maintained by EPA Project Officers for these contracts. All information supplied to Industrial Economics, Incorporated by EPA for use in connection with these contracts will be returned to EPA when Industrial Economics, Incorporated has completed its work.                

# List of Subjects

      - Environmental protection
      - Business and industry
      - Government contracts
      - Government property
      - Security measures

Dated: June 9, 2009.

 Kathryn Bouvé,

Acting Director, Office of Pesticide Programs.

[FR Doc. E9-14614 Filed 6-23-09; 8:45 a.m.]

BILLING CODE 6560-50-S