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[Federal Register Volume 76, Number 221 (Wednesday, November 16, 2011)]
[Notices]
[Pages 71018-71019]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29593]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2003-0004; FRL-9327-5]

Access to Confidential Business Information by the U.S. Consumer 
Product Safety Commission

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has authorized the U.S. Consumer Product Safety Commission 
(CPSC) to access information which has been submitted to EPA under all 
sections of the Toxic Substances Control Act (TSCA). Some of the 
information may be claimed or determined to be Confidential Business 
Information (CBI).

DATES: Access to the confidential data submitted to EPA under all 
sections of TSCA continues as a result of an on-going Memorandum of 
Understanding (MOU) between CPSC and the EPA dated September 23, 1986, 
which granted CPSC immediate access to all sections of the TSCA CBI.

FOR FURTHER INFORMATION CONTACT: For technical information contact: 
Pamela Moseley, Information Management Division (7407M), Office of 
Pollution Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: 
(202) 564-8956; fax number: (202) 564-8955; email address: 
moseley.pamela@epa.gov.
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; email address: TSCA-Hotline@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this notice apply to me?

    This action is directed to the public in general. This action may, 
however, be

[[Page 71019]]

of interest to all who manufacture, process, or distribute industrial 
chemicals. Since other entities may also be interested, 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 
technical person listed under FOR FURTHER INFORMATION CONTACT.

B. How can I get copies of this document and other related information?

    EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPPT-2003-0004. All documents in the 
docket are listed in the docket index available at http://www.regulations.gov. Although listed in the index, some information is 
not publicly available, e.g., CBI or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, will be publicly available only in hard copy. Publicly 
available docket materials are available electronically at http://www.regulations.gov, or, if only available in hard copy, at the OPPT 
Docket. The OPPT Docket is located in the EPA Docket Center (EPA/DC) at 
Rm. 3334, EPA West Bldg., 1301 Constitution Ave. NW., Washington, DC. 
The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding legal holidays. The telephone 
number of the EPA/DC Public Reading Room is (202) 566-1744, and the 
telephone number for the OPPT Docket is (202) 566-0280. Docket visitors 
are required to show photographic identification, pass through a metal 
detector, and sign the EPA visitor log. All visitor bags are processed 
through an X-ray machine and subject to search. Visitors will be 
provided an EPA/DC badge that must be visible at all times in the 
building and returned upon departure.

II. What action is the agency taking?

    Under a MOU dated September 23, 1986, the CPSC agreed to EPA 
procedures governing access to CBI submitted to EPA under TSCA.
    In accordance with 40 CFR 2.306(h), EPA has determined that CPSC 
requires access to CBI submitted to EPA under all sections of TSCA to 
perform successfully their responsibilities under the Consumer Product 
Safety Act and TSCA. CPSC's personnel are given access to information 
submitted to EPA under all sections of TSCA. Some of the information is 
claimed or determined to be CBI.
    Under terms of the MOU, CPSC is not required to renew its access to 
TSCA CBI. EPA publishes this notice to the public from time to time to 
reiterate and confirm that access to TSCA CBI has been granted to 
another federal agency. In a previous notice published in the Federal 
Register on September 21, 2007 (72 FR 54036) (FRL-8149-3), EPA 
confirmed that CPSC continues to have access to CBI under all sections 
of TSCA. EPA is issuing notice once again to confirm that CPSC 
maintains access under the existing MOU.
    EPA is issuing this notice to inform all submitters of information 
under all sections of TSCA that EPA provides the CPSC access to these 
CBI materials on a need-to-know basis only. All access to TSCA CBI 
under this MOU will take place at EPA Headquarters and CPSC's 4330 East 
West Highway, Bethesda, Maryland, site in accordance with EPA's TSCA 
CBI Protection Manual.
    CPSC is required to adhere to all provisions of EPA's TSCA CBI 
Protection Manual.
    CPSC personnel are required to sign nondisclosure agreements and 
are briefed on appropriate security procedures before they are 
permitted access to TSCA CBI.

List of Subjects

    Environmental protection, Confidential business information.

    Dated: November 9, 2011.
Matthew Leopard,
Director, Information Management Division, Office of Pollution 
Prevention and Toxics.
[FR Doc. 2011-29593 Filed 11-15-11; 8:45 am]
BILLING CODE 6560-50-P
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