Federal Register / Vol. 60, No. 241 / Friday, December 15, 1995 / Proposed Rules 64407

also determined that this proposed

action does not include a mandate that

may result in estimated costs of $100

million or more to state, local, or tribal

governments in the aggregate or to the

private sector.

List of Subjects in 40 CFR Part 70

Environmental protection,

Administrative practice and procedure,

Air pollution control, Intergovernmental

relations, Operating permits, and

Reporting and recordkeeping

requirements.

Authority: 42 U.S.C. sections 7401–7671q.

Dated: December 6, 1995.

Dennis Grams,

Regional Administrator.

[FR Doc. 95–30554 Filed 12–14–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 372

[OPPTS–400097B; FRL–4991–4]

Toxic Chemical Release Reporting;

Community Right-to-Know; Reopening

of Public Comment Period; Correction

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Reopening of public comment

period; correction.

SUMMARY: In the Federal Register of

October 27, 1995, EPA published an

administrative stay of the reporting

requirements under section 313 of the

Emergency Planning and Community

Right-to-Know Act of 1986 (EPCRA) and

section 6607 of the Pollution Prevention

Act of 1990 (PPA), for 2,2-dibromo-3-

nitrilopropionamide (DBNPA)

(Chemical Abstracts Service (CAS) No.

10222–01–2). The administrative stay

also requested comment on EPA’s

review of a petition to delete DBNPA

from the EPCRA section 313 list of toxic

chemicals. The period for accepting

comments on EPA’s review of the

petition ended on November 27, 1995.

EPA has received a request to extend the

comment period and is granting that

request by reopening the comment

period for 45 days. In addition, this

document corrects an error in the

October 27, 1995 notice. The green algal

toxicity value was incorrectly listed.

DATES: All comments must be received

on or before January 29, 1996.

ADDRESSES: Written comments should

be submitted in triplicate to : OPPT

Docket Clerk (7407), TSCA

Nonconfidential Information Center

(NCIC), Office of Pollution Prevention

and Toxics, Environmental Protection

Agency, Rm. NE–B607, 401 M St., SW.,

Washington, DC 20460.

Comments and data may also be

submitted electronically by sending

electronic mail (e-mail) to:

ncic@epamail.epa.gov. Electronic

comments must be submitted as an

ASCII file avoiding the use of special

characters and any form of encryption.

Comments and data will also be

accepted on disks in WordPerfect in 5.1

file format or ASCII file format. All

comments and data in electronic form

must be identified by the docket number

OPPTS–400097. No CBI should be

submitted through e-mail. Electronic

comments on the information presented

in this document may be filed online at

many Federal Depository Libraries.

FOR FURTHER INFORMATION CONTACT:

Maria J. Doa, Project Manager, 202–260–

9592, e-mail:

doa.maria@epamail.epa.gov for specific

information on this action. For general

information on EPCRA section 313,

contact the Emergency Planning and

Community Right-to-Know Hotline,

Environmental Protection Agency, Mail

Code 5101, 401 M St., SW., Washington,

DC 20460, Toll free: 1–800–535–0202,

in Virginia and Alaska: 703–412–9877

or Toll free TDD: 1–800–553–7672.

SUPPLEMENTARY INFORMATION: In the

Federal Register of October 27, 1995 (60

FR 54949), EPA published an

administrative stay of the reporting

requirements under section 313 of

EPCRA and section 6607 of the

Pollution Prevention Act of 1990 (PPA)

for DBNPA. EPA issued the

administrative stay because EPA had

incorrectly categorized the effects

observed in certain data relating to

DBNPA prior to promulgation of the

final rule adding DBNPA to the EPCRA

section 313 list of toxic chemicals.

The document also requested

comment on EPA’s review of a petition

to delete DBNPA from the EPCRA

section 313 list of toxic chemicals. EPA

preliminarily determined that DBNPA

can reasonably be anticipated to cause

subchronic gastrointestinal effects, and

can reasonably be anticipated to cause

toxicity to freshwater green algae,

chronic effects on freshwater

invertebrates and chronic effects on

oysters at relatively low concentrations.

The period for accepting comments on

EPA’s review of the petition ended

November 27, 1995. EPA has received a

request to extend the comment period

and is granting that request by

reopening the comment period for 45

days. In addition, this notice corrects an

error in the October 27, 1995 document.

The green algal toxicity value was

incorrectly listed.

I. Reopening of Public Comment Period

In the Federal Register of October 27,

1995, EPA requested public comment

on the information presented in the

document regarding the continued

listing of DBNPA on the EPCRA section

313 list of toxic chemicals. In that

notice, EPA stated that all comments

must be received on or before November

27, 1995. In response to a request from

Dow Chemical Company to extend the

comment period, EPA is reopening the

comment period for an additional 45

days. All comments must be received on

or before January 26, 1996.

II. Green Algal Toxicity Value

Correction

In the October 27, 1995 Federal

Register, on page 54951, first column,

second full paragraph, 24th line, the

green algal 96-hour EC50 (median

effective concentration) for DBNPA was

incorrectly listed as ‘‘0.010 mg/L ’’; the

value should have read 0.08 mg/L.

III. Public Docket

A record has been established for the

administrative stay under docket

number ‘‘OPPTS–400097’’ (including

comments and data submitted

electronically as described below). A

public version of this record, including

printed, paper versions of electronic

comments, which does not include any

information claimed as confidential

business information (CBI), is available

for inspection from noon to 4 p.m.,

Monday through Friday, excluding legal

holidays. The public record is located in

the TSCA Nonconfidential Information

Center, Rm. NE–B607, 401 M St., SW.,

Washington, DC 20460.

Electronic comments can be sent

directly to EPA at:

ncic@epamail.epa.gov

Electronic comments must be

submitted as an ASCII file avoiding the

use of special characters and any form

of encryption.

The official record for the

administrative stay, as well as the

public version, as described above will

be kept in paper form. Accordingly, EPA

will transfer all comments received

electronically into printed, paper form

as they are received and will place the

paper copies in the official record which

will also include all comments

submitted directly in writing. The

official record is the paper record

maintained at the address in

‘‘ADDRESSES’’ at the beginning of this

document.

List of Subjects in 40 CFR Part 372

Environmental protection, Chemicals,

Community right-to-know, Reporting
64408 Federal Register / Vol. 60, No. 241 / Friday, December 15, 1995 / Proposed Rules

and recordkeeping requirements, and

Toxic chemicals.

Dated: December 8, 1995.

William H. Sanders III,

Director, Office of Pollution Prevention and

Toxics.

[FR Doc. 95–30601 Filed 12–14–95; 8:45 am]

BILLING CODE 6560–50–F

48 CFR Parts 1535 and 1552

[FRL–5332–3]

Acquisition Regulation; Confidential

Business Information

AGENCY: Environmental Protection

Agency.

ACTION: Proposed rule.

SUMMARY: The Environmental Protection

Agency (EPA) is proposing to revise its

acquisition regulation by revising both

the prescription for use of solicitation

provisions and contract clauses

regarding collection, use, access,

treatment, and disclosure of confidential

business information (CBI), and adding

solicitation provisions and contract

clauses on CBI.

DATES: Written comments should be

submitted to the contact listed below

not later than February 13, 1996.

ADDRESSES: Comments and data may

also be submitted electronically by

sending electronic mail (e-mail) to:

Senzel.Louise@epamail.epa.gov.

Electronic comments must be submitted

as an ASCII file avoiding the use of

special characters and any form of

encryption. Comments and data will

also be accepted on disks in

WordPerfect in 5.1 format or ASCII file

format. No Confidential Business

Information (CBI) should be submitted

through e-mail. Electronic comments on

this proposed rule may be filed online

at many Federal Depository Libraries.

FOR FURTHER INFORMATION CONTACT:

Louise Senzel, Environmental

Protection Agency, Office of Acquisition

Management (3802F), 401 M Street, SW,

Washington, D.C. 20460. Telephone:

(202) 260–6204.

SUPPLEMENTARY INFORMATION:

A. Executive Order 12866

The proposed rule is not a significant

regulatory action for the purposes of

Executive Order 12866; therefore, no

review is required by the Office of

Information and Regulatory Affairs.

B. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because this proposed rule

does not contain information collection

requirements that require the approval

of OMB under the Paperwork Reduction

Act of 1980 (44 U.S.C. 3501 et seq.)

C. Regulatory Flexibility Act

The EPA certifies that this proposed

rule does not exert a significant

economic impact on a substantial

number of small entities. The

requirements to contractors under the

proposed rule impose no reporting,

record-keeping, or any compliance

costs.

D. Unfunded Mandates

This proposed rule will not impose

unfunded mandates on state or local

entities, or others.

The provisions of this regulation are

issued under 5 U.S.C. 301; 40 U.S.C.

486(c).

List of Subjects in 48 CFR Parts 1535

and 1552

Government procurement.

Therefore, Chapter 15 of title 48, Code

of Federal Regulations is proposed to be

amended as set forth below:

1. The authority citation for parts

1535 and 1552 continue to read as

follows:

Authority: Sec. 205(c), 63 stat. 390, as

amended, 40 U.S.C. 486(c).

2. Section 1535.007 is revised to read

as follows:

1535.007 Solicitations.

(a) Contracting Officers shall insert

the following provisions in all

solicitations when the Contracting

Officer has determined that EPA may

furnish the contractor with confidential

business information which EPA has

obtained from third parties under the

Federal Insecticide, Fungicide and

Rodenticide Act (7 U.S.C. 136 et seq.).

(1) 1552.235–72 Control and Security

of Federal Insecticide, Fungicide, and

Rodenticide Act Confidential Business

Information; and

(2) 1552.235–73 Access to Federal

Insecticide, Fungicide, and Rodenticide

Act Confidential Business Information.

(b) Contracting Officers shall insert

the following provisions in all

solicitations when the Contracting

Officer has determined that EPA may

furnish the contractor with confidential

business information which EPA has

obtained from third parties under the

Toxic Substances Control Act (15 U.S.C.

2601 et seq.)

(1) 1552.235–74 Control and Security

of Toxic Substances Control Act

Confidential Business Information; and

(2) 1552.235–75 Access to Toxic

Substances Control Act Confidential

Business Information.

3. Subsection 1535.007–70 is

amended by revising paragraphs (b) and

(c) and adding paragraph (d) through (f)

to read as follows:

1535.007–70 Contract clauses.

(a) * * *

(b) The Contracting Officer shall

insert the clause at 1552.235–71,

Treatment of Confidential Business

Information, in solicitations and

contracts when the Contracting Officer

has determined that in the performance

of the contract, EPA may furnish

confidential business information to the

contractor obtained from third parties

under the Clean Air Act (42 U.S.C. 7401

et seq.), the Federal Water Pollution

Control Act (33 U.S.C. 1251 et seq.), the

Safe Drinking Water Act (42 U.S.C. 300f

et seq.), the Federal Food, Drug, and

Cosmetic Act (21 U.S.C. 301 et seq.), the

Resource Conservation and Recovery

Act (42 U.S.C. 301 et seq.), the Federal

Insecticide, Fungicide and Rodenticide

Act (7 U.S.C. 136 et seq.), the

Comprehensive Environmental

Response, Compensation, and Liability

Act (42 U.S.C. 9601 et seq.), and

provision 1552.235–70, Release of

Contractor Confidential Business

Information. EPA regulations on

confidentiality of business information

in 40 CFR part 2, subpart B, require that

the contractor agree to the clause

entitled ‘‘Treatment of Confidential

Business Information’’ before any

confidential business information may

be furnished to the contractor.

(c) The Contracting Officer shall insert

the clause at 1552.235–76, Treatment of

Confidential Business Information, in

solicitations and contracts when the

Contracting Officer has determined that

in the performance of the contract, EPA

may furnish the contractor with

confidential business information

obtained from third parties under the

Toxic Substances Control Act (15 U.S.C.

2601 et seq.). EPA regulations on

confidentiality of business information

in 40 CFR part 2, subpart B, require that

the contractor agree to the clause

entitled ‘‘Treatment of Confidential

Business Information’’ before any

confidential business information may

be furnished to the contractor.

(d) The Contracting Officer shall

insert the clause at 1552.235–77 Data

Security for Federal Insecticide,

Fungicide, Rodenticide Act Confidential

Business Information, when the contract

involves access to confidential business

information related to the Federal

Insecticide, Fungicide, Rodenticide Act

and the Treatment of Confidential

Business Information clause (1552.235–

71) and the Screening Business

Information for Claims of

Confidentiality clause (1552.235–70) are

included.