ACTA News: Biobased Products, Biotechnology

December 23, 2020
Comments by Lynn L. Bergeson and Richard E. Engler, Ph.D., Featured in Bloomberg Environment Article "Fuel-Chemicals Advisory Seen as ‘Unwanted’ EPA Parting Gift”
On December 23, 2020, comments by Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®) and Richard E. Engler, Ph.D., Director of Chemistry, B&C, were featured by Bloomberg Environment regarding a recent U.S. Environmental Protection Agency (EPA) compliance advisory describing how the Toxic Substances Control Act (TSCA) applies to certain petroleum-based chemicals, along with renewable substitutes made from crops, fats, and waste oil. [T]he EPA’s advisory is also “an unexpected and, to many, unwanted parting gift from the Trump ... read more >
September 10, 2019
Lynn L. Bergeson Named President of the Board of Directors of the Product Stewardship Society
COLUMBUS, OHIO - The Product Stewardship Society (PSS) Board of Directors inducted Lynn L. Bergeson as President during its annual board meeting preceding the Product Stewardship conference being held in Columbus, Ohio, September 10 - 12, 2019.  Ms. Bergeson, Managing Partner of Bergeson & Campbell, P.C. (B&C®), will serve as President through 2021. Ms. Bergeson has served on the PSS Board of Directors since 2015.   PSS is an affiliate of the American Industrial Hygiene Association (AIHA®), launched in 2012 to drive the product stewardship profession forward by ... read more >
October 12, 2018
Fall 2018 Regulatory, Testing, and Policy Trends for Chemical Consortia
Now more than ever, chemical industry stakeholders with shared business and advocacy interests are urged to consider collaborating on regulatory, testing, and related advocacy opportunities. Two years post-passage of the Frank R. Lautenberg Chemical Safety for the 21st Century Act means the U.S. Environmental Protection Agency (EPA) is well underway with implementation of the amended Toxic Substances Control Act (TSCA).      Industry groups that are already established and working efficiently when EPA initiates an action under TSCA will be most successful in nimbly and ... read more >
July 25, 2018
BRAG Requests that EPA Adopt TSCA Inventory Representation and Equivalency For Renewable and Sustainable Biobased Chemicals
Washington D.C.:  Representatives of the Biobased and Renewable Products Advocacy Group (BRAG®) and representatives of the Biotechnology Innovation Organization (BIO) met with U.S. Environmental Protection Agency (EPA) staff to discuss the two groups’ recently-issued white paper, “Proposal for a Toxic Substances Control Act (TSCA) Inventory Representation and Equivalency Determinations for Renewable and Sustainable Bio-based Chemicals.”  BRAG and BIO members provided a presentation for EPA staff that outlined the regulatory challenges and market impedance ... read more >
February 8, 2018
Lynn L. Bergeson Named Vice Chairman of Newly Formed IBA Agriculture Law Committee
Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta®) are pleased to announce that Lynn L. Bergeson has been appointed Vice Chairman of the Agriculture Law Committee (ALC) at the International Bar Association (IBA). Ms. Bergeson, Managing Partner of B&C and President of Acta, will serve a two-year term.   The IBA is the world’s leading organization of international legal practitioners, bar associations, and law societies, promoting an exchange of information among legal associations worldwide. The Agricultural Law Section joins a wide range of legal ... read more >
October 6, 2017
Inside EPA Quotes B&C Memorandum on EPA, FDA Jurisdiction for Mosquito Related Products
On October 6, 2017, Inside EPA quoted a recent memorandum from The Acta Group (Acta®) in the article “EPA wins power to oversee biotech mosquito controls.” EPA and the Food and Drug Administration (FDA) have issued new guidance clarifying that EPA has authority for regulating biotechnology (Bt) products such as genetically modified mosquitoes that are used to control the pests, a step that one industry law firm says will be helpful for navigating a federal “jurisdictional quagmire." […] In an Oct. 5 blog, the law firm Bergeson and Campbell PC, ... read more >
August 28, 2017
Lynn L. Bergeson Quoted In Bloomberg BNA Daily Environment Report Article “Paper Waste Spurs Testing of Low-Cost Carbon Fiber for Products”
On August 28, 2017, Lynn L. Bergeson, President of The Acta Group (Acta®), was quoted by the Bloomberg BNA Daily Environment Report discussing Toxic Substance Control Act (TSCA) regulatory concerns for carbon fiber with a lignin. Since the lignin-PAN carbon fiber under development does not yet involve the use of carbon nanofibers, Washington State University's Ahring said the product will not require clearance under [TSCA]. But some worry that the enthusiasm supporting the rapid commercialization of biobased chemicals has gotten out in front of potential regulatory ... read more >
May 4, 2017
Lynn L. Bergeson and Richard E. Engler, Ph.D., Contribute to ABA SEER’s The Year in Review 2016
The Acta Group (Acta®) is pleased to announce the publication of The Year in Review 2016:  Environment, Energy, and Resources Law by the American Bar Association (ABA) Section of Environment, Energy, and Resources (SEER).  The Year in Review provides an annual summary of developments in environmental, energy, and resources law.  Acta President Lynn L. Bergeson and Senior Chemist Richard E. Engler, Ph.D., co-authored the Pesticides, Chemical Regulation, and Right-to-Know 2016 Annual Report.    The 2016 Annual Report provides a detailed review of the ... read more >
January 11, 2017
The Top Chemical Regulatory Stories of 2016
  The attorneys, scientists, policy experts, and regulatory advisors of Bergeson & Campbell, P.C. (B&C®), The Acta Group (Acta®), and B&C® Consortia Management, L.L.C. (BCCM) endeavor year-round to keep you informed on key developments as they happen, and prepared for looming changes and deadlines, to help you maintain compliance and competitive advantage as you market your products throughout the world. As the new year begins, we offer you this look back at the top stories of 2016 (as measured by clicks, reads, and shares by readers of our blogs and e-mails), a ... read more >
July 15, 2016
Lynn L. Bergeson Quoted In Environmental Leader Article “What Does the Loss of ‘Green Chemistry’ Provision from Amended TSCA Mean for Biochemicals?”
On July 15, 2016, Lynn L. Bergeson, President of The Acta Group (Acta®), was quoted in an Environmental Leader article on the impacts of the loss of a green chemistry provision from Toxic Substances Control Act (TSCA) Reform. As Lynn Bergeson, managing partner of Bergeson & Campbell writes in a blog post, the provision “called for a study of how to best incentivize sustainable chemistry research and development, as well as support ‘economic, legal and other appropriate social science research to identify barriers to commercialization and methods to advance ... read more >
June 6, 2016
Lynn L. Bergeson Presents “Sustainable Agriculture and Food Security in the Mediterranean Region: Modern Agriculture and Technology” at the International Bar Association 4th Mediterranean Conference
On June 6, 2016, Lynn L. Bergeson, President of The Acta Group (Acta®), presented “Sustainable Agriculture and Food Security in the Mediterranean Region: Modern Agriculture and Technology” at the International Bar Association 4th Mediterranean Conference in Rome, Italy. Ms. Bergeson began her presentation with a discussion of the similarities between U.S. and European Union (EU) oversight systems. Both systems address comprehensively potential risks posed by evolving agricultural technologies through a complex web of horizontal and vertical laws. While both systems are up ... read more >
April 5, 2016
BRAG Petition Succeeds:  EPA Expands Chemical Data Reporting Exemptions To Biodiesel Products
On March 29, 2016, the U.S. Environmental Protection Agency (EPA) published the Partial Exemption of Certain Chemical Substances from Reporting Additional Chemical Data final rule in the Federal Register. This final rule amends the list of chemical substances that are partially exempt from additional reporting requirements under the Chemical Data Reporting (CDR) rule. The rule applies to six biodiesel chemicals that are very similar to petroleum based biodiesel chemicals that are already on the exempt list. Per EPA's estimate, companies that utilize this reporting exemption will save ... read more >
February 1, 2016
Richard E. Engler, Ph.D. Interviewed In Nature Biotechnology Article “A face-lift for biotech rules
The December 2015 issue of Nature Biotechnology included comments by Richard E. Engler, Ph.D. on keeping biotech rules current with scientific progress in the article “A face-lift for biotech rules begins.” To stay up to date with technology, Richard Engler, a senior chemist at the environmental law firm Bergeson & Campbell in Washington, DC, suggested that technology stewards be embedded in each of the relevant federal agencies. Their role would be to monitor emerging technologies and hold regular briefings with industry and academic ... read more >
November 25, 2015
Diverse Parties Say Federal Biotech Rules Confusing
The November 25, 2015, Bloomberg BNA Daily Environment Report quoted Bergeson & Campbell, P.C., in the article “Diverse Parties Say Federal Biotech Rules Confusing.” Bergeson & Campbell PC, a law firm that represents companies working with emerging technologies, supported the efforts to update the framework but described structural problems that may thwart the White House's intentions. The regulatory infrastructure is ill-suited to address synthetic biology—a new form of genetic engineering—nimbly or comprehensibly, the law firm wrote. Some synbio ... read more >
November 6, 2015
Inside EPA Includes Comments From Richard E. Engler, Ph.D. In Article “Agencies Receive Conflicting Comments On Update Of Biotech Reviews”
On November 6, 2015, Inside EPA included comments made by Richard E. Engler, Ph. D. at a public meeting held by EPA, USDA, and FDA to  update the federal coordinated framework for how the three agencies regulate biotechnology. […]Industry officials, meanwhile, emphasized biotechnology's growing importance in food production and cautioned that over-regulation will stifle innovation. Officials with Dupont and the law firm Bergeson & Campbell, P.C., which represents industry clients, called for science-based assessments that consider products' risks and ... read more >
November 2, 2015
BNA Daily Environment Report Article “New Authority Not Expected for Biotech Framework Update,” Quotes Richard E. Engler, Ph.D.
The November 2, 2015, BNA Daily Environment Report article, “New Authority Not Expected for Biotech Framework Update,” included comments made by Richard E. Engler, Ph.D. at the “Modernizing the Regulatory System for Biotechnology Products” public meeting held by FDA, USDA, and EPA.     […DuPont global director of corporate regulatory affairs Terry] Medley and Richard Engler, a senior chemist working for Bergeson & Campbell P.C., said the update needs to provide public confidence in the regulatory oversight process, so that the public can ... read more >
October 27, 2015
Lynn L. Bergeson Quoted in BNA Daily Environment Report Article “Uncertain Regulatory Path Costs Biotech Companies”
Lynn L. Bergeson was quoted in the October 15, 2015, BNA Daily Environment Report article “Uncertain Regulatory Path Costs Biotech Companies” about the recent Wilson Center report “The DNA of the U.S. Regulatory System: Are We Getting it Right for Synthetic Biology?”: Getting regulatory approval for products made with synthetic biology techniques is a daunting process, Lynn Bergeson, managing partner of Bergeson & Campbell P.C., and co-author of the report, said during the Woodrow Wilson Center's forum. “It's not clear what door do you knock on ... read more >
October 26, 2015
Inside EPA Quotes Lynn L. Bergeson in article “TSCA Reform Legislation Could Smooth Path For New Biotechnologies”
The October 26, 2015, Inside EPA article, “TSCA Reform Legislation Could Smooth Path For New Biotechnologies,” included comments made by Lynn L. Bergeson at an event hosted by the Wilson Center’s Synthetic Biology Project (synbio). Pending legislation in Congress to reform the 40-year-old Toxic Substances Control Act (TSCA) could make it easier for EPA to assess the potential risks of new technologies, such as synthetic biology, and review requests to undertake field research or commercialize new products, an industry attorney says. While the legislation does not ... read more >
October 20, 2015
Leveraging Synthetic Biology’s Promise and Managing Potential Risk
On October 15, 2015, Bergeson & Campbell, P.C. (B&C®) and the Woodrow Wilson International Center for Scholars (Wilson Center) hosted “Leveraging Synthetic Biology’s Promise and Managing Potential Risk,” a panel discussion featuring Lynn L. Bergeson, Sheryl Lindros Dolan, and Richard E. Engler, Ph.D., of B&C, and Todd Kuiken, Ph.D., Senior Program Associate, Synthetic Biology Project, Wilson Center. The event coincided with the release of “The DNA of the U.S. Regulatory System: Are We Getting It Right For Synthetic Biology?,” authored by the ... read more >
October 9, 2015
Bergeson & Campbell, P.C. and the Wilson Center Release Report on Synthetic Biology's Challenge to U.S. Regulatory Systems
Panel Discussion to Be Held Wednesday, October 15, 2015, from 12:00 p.m. - 2:00 p.m. (EDT) On October 15, 2015, the Woodrow Wilson International Center for Scholars (Wilson Center) will host "Leveraging Synthetic Biology's Promise and Managing Potential Risk," a panel discussion featuring Lynn L. Bergeson, Managing Partner of Bergeson & Campbell, P.C. (B&C®), and Todd Kuiken, Ph.D., Senior Program Associate, Synthetic Biology Project, Wilson Center. The event coincides with the release of "The DNA of the U.S. Regulatory System: Are We Getting It Right For ... read more >
October 2, 2015
James V. Aidala Quoted in BNA Daily Environment Report Article “Senate Leaders Will Bring TSCA Bill to Floor: Inhofe”
The July 31, 2015, Bloomberg BNA Daily Environment Report spoke with James V. Aidala regarding the progress of Toxic Substance Control Act (TSCA) modernization legislation. James Aidala, senior government affairs consultant with the law firm  Bergeson & Campbell P.C., said reaching an agreement on preemption is key. Aidala was associate assistant administrator of the EPA's Office of Prevention, Pesticides and Toxic Substances from 1993 to 2000, and previously worked in the pesticides program, for two congressional committees and with the Congressional Research ... read more >
September 3, 2015
Bergeson & Campbell, P.C. Quoted in Inside EPA Article “New EPA Guide Aims To Improve Synthetic Biology Algae Project Reviews”
A September 3, 2015, Inside EPA article regarding EPA’s efforts to improve how it reviews companies’ proposals to develop synthetic biology products, and specifically biotech algae, featured quotes from Bergeson & Campbell, P.C.: In a recent memo to clients, the law firm Bergeson & Campbell calls the announcement of the algae guide update "hugely important for the industrial biotechnology communities," adding that "EPA's announcement suggests a broader Agency initiative is underway, and is best read in the context of other relevant ... read more >
July 31, 2015
Lynn L. Bergeson Quoted in BNA Daily Environment Report Article “Companies Invited to Help Develop Algae Guidance”
The July 31, 2015, Bloomberg BNA Daily Environment Report spoke with Lynn L. Bergeson regarding EPA’s plans to develop updated guidance for companies making chemicals with genetically engineered microorganisms under the Toxic Substances Control Act (TSCA). “EPA's posting of the synbio algae project is hugely important for the industrial biotechnology and synthetic biology communities,” Lynn  Bergeson, managing partner of Bergeson  & Campbell P.C., told Bloomberg BNA in an e-mail. Her law firm specializes in policies for emerging technologies ... read more >
June 12, 2015
The Presidential Green Chemistry Challenge:  Celebrating 20 Years of Green Chemistry Innovation
B&C has prepared and serviced this press release based on information publicly available from EPA and ACS. We have no involvement in or knowledge of the award selection process. Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta®) are deeply committed to supporting the development of greener, more sustainable chemical processes and products, and so we are pleased to help spread the news about a tremendous success story, featuring scientists from industry, government, and academia working together to create groundbreaking solutions to real-world environmental ... read more >
April 7, 2015
Oil Price Information Network Features Richard E. Engler, Ph.D., in "TSCA Nomenclature May be Barrier for Advanced Biofuels"
The Oil Price Information Network (OPIS) spoke with Richard E. Engler, Ph.D. , Senior Policy Advisor for Bergeson & Campbell, P.C. and The Acta Group, regarding the application of the Toxic Substances Control Act (TSCA) to oils made from algae feedstocks and other non-traditional bio-materials.  The resulting article in the OPIS Ethanol & Biodiesel Newsletter is reprinted below, with permission from OPIS. TSCA Nomenclature May Be Barrier for Advanced Biofuels Any number of complications could trip up the commercial use of an advanced ... read more >
April 7, 2015
BNA Daily Environment Report Coverage of Science & the Congress Briefing Quotes Lynn L. Bergeson
The April 7, 2015, Bloomberg BNA Daily Environment Report story "Innovation Outpacing Regulatory Systems; Modernized TSCA, New Data Said to Help," reported on "21st Century Understanding of Chemicals," a congressional briefing hosted by the American Chemical Society (ACS) Science & the Congress Project.  Lynn L. Bergeson’s comments at the congressional briefing were quoted.   The Environmental Protection Agency has taken eight times longer to approve new nanoengineered chemicals than new chemicals made with traditional technologies and feedstocks, an attorney specializing in ... read more >
January 21, 2015
EPA Grants BRAG® Petition Requesting Partial CDR Exemptions for Biodiesel Products
On January 16, 2015, the U.S. Environmental Protection Agency (EPA) granted a petition from the Biobased and Renewable Products Advocacy Group (BRAG®) to add "biodiesel" as a chemical category for partial reporting exemption at 40 C.F.R. Section 711.6(b)(2)(iv) under the Chemical Data Reporting (CDR) rule and will be proceeding with a direct final rule to be published later in January. The approved biodiesel category on the partial reporting exemption list will include the following chemicals: Fatty acids, C14-18 and Cl6-18-unsatd., Me esters (Chemical Abstract Services ... read more >
November 11, 2014
Enhancing Oversight of Synthetic Biology under TSCA to Promote Sustainable Commercial Development
Article Featured in Industrial Biotechnology Lynn L. Bergeson, Managing Partner of Bergeson & Campbell, P.C. (B&C®) and Of Counsel with the Biobased and Renewable Products Advocacy Group (BRAG®), Charles M. Auer of Charles Auer & Associates, LLC, and Oscar Hernandez, Ph.D. of Oscar Hernandez & Associates, LLC, have published "Creative Adaptation: Enhancing Oversight of Synthetic Biology Under the Toxic Substances Control Act" in the October 2014 issue of Industrial Biotechnology, the journal of biobased innovation to drive the global bioeconomy. In the ... read more >
October 27, 2014
BRAG® Petitions EPA for Biodiesel Products CDR Exemptions Already Granted to Petroleum Products
On October 21, 2014, the Biobased and Renewable Products Advocacy Group (BRAG®) submitted petitions to the U.S. Environmental Protection Agency (EPA) requesting that biodiesel fuel manufacturers be granted the same Chemical Data Reporting (CDR) exemptions that petroleum-based diesel manufacturers already receive. BRAG made its petitions through two mechanisms allowed under Toxic Substances Control Act (TSCA) rules. BRAG's petitioning of EPA was reported in the Bloomberg BNA Daily Environment Report story "Biobased Diesel Companies Petition EPA For Rules Comparable To Traditional ... read more >
October 14, 2014
Imminent Events of Note in Nanotechnology, Biobased Chemicals, California Safer Consumer Products, and Chemical Regulation Globally
Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta®) are proud to be sponsors, presenters, and/or exhibitors at a select number of special events this Fall that will present focused education and guidance on key issues: WEBINAR -- Regulation of Nanotechnology: Practical Information for Industry, Researchers and Other Stakeholders, October 16, 2014, 1:00 p.m. - 2:30 p.m. (EDT) This webinar, presented by the Air & Waste Management Association (A&WMA), will feature James Alwood and Kenneth Moss of the U.S. Environmental Protection Agency's (EPA) ... read more >
June 17, 2014
On Capitol Hill, In The Press, And At Key Events, Momentum And Membership Builds For The Biobased And Renewable Products Advocacy Group (BRAG™)
Far from slowing down as the dog days of summer approach, BRAG and its growing membership have been highly visible and actively working to smooth the regulatory path for, and advance the commercialization of, biobased chemicals. And the pace is only going to pick-up as the temperature rises. BRAG is: Shaping Biobased Policy BRAG is engaged with U.S. Environmental Protection Agency (EPA) staff concerning BRAG's petition for reduced reporting requirements for certain biobased chemical substances under the Chemical Data Reporting rule. The successful outcome of this ... read more >
March 26, 2014
Manufacturers Urge EPA to Apply TSCA Consistently in Final Rules for Six Mixtures
Kathleen M. Roberts was quoted in an article in Bloomberg BNA Daily Environment Report titled “Manufacturers Urge EPA to Apply TSCA Consistently in Final Rules for Six Mixtures.” “Chemical manufacturers are urging the Environmental Protection Agency to apply Toxic Substances Control Act policies consistently to both biobased and petroleum-based chemical mixtures as it finalizes a proposed rule that would restrict uses of six chemicals designed for renewable fuels. ‘The agency's decision on these six chemical mixtures is one of several situations in which the ... read more >
February 6, 2014
New Opportunities and Practical Advice Shared at Bio-Based Renewable Chemicals Summit
The 5th Annual Bio-Based and Renewable Chemicals Summit is underway and throughout the proceedings attendees have heard one message loud and clear: renewables are here, they are growing, and the time for addressing the critical path to commercialization is now. Kathleen M. Roberts, Executive Director of the Biobased and Renewable Products Advocacy Group (BRAG™), served as Summit Chair. She moderated a spirited session featuring Benjamin M. Borns, Technical Expert in Application of Bio-Based Materials, Sherwin-Williams; Stéphane Delalande, Ph.D., Materials Innovation, ... read more >
July 1, 2013
EPA Urged to Work on Compliance Issues For Makers of Biobased, Other Chemicals
The July 1, 2013, issue of Bloomberg BNA Daily Environment Report featured comments from the BNA webinar called “Toxic Substances Control Act Premanufacture Notifications: The New State of Play,” moderated by Lynn L. Bergeson. “The Environmental Protection Agency should work with chemical manufacturers and other parties to address some core issues complicating regulatory compliance for biobased and other chemical manufacturers, an attorney and an expert in chemical control regulations told EPA officials June 27. These issues can confuse chemical purchasers along with ... read more >
June 24, 2013
B2PAC Changes Name to BRAG, Conducts Workshops on TSCA
Washington, D.C. (June 24, 2013): The Biobased Products Advocacy Consortium (B2PAC) debuted today a new name, logo, and web address to describe more fully and descriptively the wide range of industrial biotechnology products made by its member companies. The consortium is now known as the Biobased and Renewable Products Advocacy Group, or BRAG. The new name and logo were previewed last week at the 2013 Biotechnology Industry Organization (BIO) World Congress on Industrial Biotechnology in Montreal. As has been the consortium's focus from the beginning, BRAG exists so that concerned ... read more >
May 21, 2013
Lynn L Bergeson Quoted by Bloomberg BNA Daily Environment Report Regarding Support for Renewable Chemicals, Biobased Products in the 2013 Farm Bill.
In a May 21, 2013, article reporting on the Senate’s Agriculture Reform, Food, and Jobs Act of 2013 (S. 954) and the House’s Federal Agriculture Reform and Risk Management (FARRM) Act of 2013 (H.R. 1947), Daily Environment Report quoted Ms. Bergeson: “‘The House bill would provide only discretionary funding for the programs,’ Lynn Bergeson, managing principal of the law firm Bergeson & Campbell PC, which manages the Biobased Products Advocacy Consortium (B2PAC), told BNA May 20. The Senate bill would mandate funding for the biorefinery program from FY 2014 ... read more >
November 9, 2012
Tax, Regulatory Incentives Needed to Spur Commercialization of Sustainable Products
The November 9, 2012, issue of Bloomberg BNA Daily Environment Report quotes Lynn L. Bergeson, who suggested that the federal government offer manufacturers incentives and explicit regulatory review process to encourage them to spend money developing more sustainable ... read more >
November 9, 2012
Incomplete Grasp of TSCA Can Cause Delays, Raise Costs for Biobased Chemical Makers
The November 9, 2012, issue of Bloomberg BNA Daily Environment Report quotes Lynn L. Bergeson, who stated that “ lack of awareness as to how the Toxic Substances Control Act (TSCA) applies invites business ... read more >
November 5, 2012
Save the Date:  Election Results: What Is in Store for Environmental Law and Policy
November 14, 2012 -- 1:30 p.m. (EST) Bergeson & Campbell, P.C. (B&C) is pleased to host a video webinar on the implications of the election results on federal environmental law and policy on November 14, 2012, at 1:30 p.m. (EST). This webinar will focus on the implications of the elections, including what policies and initiatives can be expected in the next four years, and how any likely regulatory directions may affect our clients. Lynn L. Bergeson will moderate the panel. Speakers include: James V. Aidala, Bergeson & Campbell, P.C.: Mr. Aidala served as Assistant ... read more >

 
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