[Federal Register Volume 68, Number 38 (Wednesday, February 26, 2003)]
[Notices]
[Pages 8892-8893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4249]


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ENVIRONMENTAL PROTECTION AGENCY

[OPPTS-2002-0057; FRL-7293-2]


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) access to 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 occurred as a result of an on-going Memorandum of 
Understanding between CPSC and the U.S. EPA dated September 23, 1986, 
which granted

[[Page 8893]]

CPSC immediate access to all sections of TSCA CBI.

FOR FURTHER INFORMATION CONTACT: Barbara A. Cunningham, Acting 
Director, Environmental Assistance Division (7408M), Office of 
Pollution Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202) 
564-8940; e-mail address: [email protected].

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 of interest to ``those persons who are or may be required 
to conduct testing of chemical substances under TSCA.'' 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 person listed under FOR FURTHER 
INFORMATION CONTACT.

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

    1. Docket. EPA has established an official docket for this action 
under docket identification (ID) number OPPT-2002-0057. The official 
public docket consists of the documents specifically referenced in this 
action, any public comments received, and other information related to 
this action. Although a part of the official docket, the public docket 
does not include CBI or other information whose disclosure is 
restricted by statute. The official public docket is the collection of 
materials that is available for public viewing at the EPA Docket 
Center, Rm. B102-Reading Room, EPA West, 1301 Constitution Ave., NW., 
Washington, DC. The EPA Docket Center is open from 8:30 a.m. to 4:30 
p.m., Monday thrugh Friday, excluding legal holidays. The EPA Docket 
Center Reading Room telephone number is (202) 566-1744 and the 
telephone number for the OPPT Docket, which is located in EPA Docket 
Center, is (202) 566-0280.
    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/.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://ww.epa.gov/edocket/ to submit or view public 
comments, access the index listing of the contents of the official 
public docket, and to access those documents in the public docket that 
are available electronically. Although not all docket materials may be 
available electronically, you may still access any of the publicly 
available docket materials through the docket facility identified in 
Unit I.B.1. Once in the system, select ``search,'' then key in the 
appropriate docket ID number.

II. What Action is the Agency Taking?

     Under a Memorandum of Understanding (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 the 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 this other federal agency. In a previous notice 
published in the Federal Register of December 9, 1997 (62 FR 64829) 
(FRL-5757-8), EPA confirmed that CPSC continues to have access to CBI 
under all sections of TSCA. EPA is issuing this notice to once again 
confirm that CPSC maintains access under the existing MOU.
     EPA issues this notice to inform all submitters of information 
under all sections of TSCA, that the Agency 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.
    CPSC is required to adhere to all provisions of EPA's TSCA 
Confidential Business Information Security 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: February 10, 2003.
Allan S. Abramson,
Director, Information Management Division, Office of Pollution 
Prevention and Toxics.

[FR Doc. 03-4249 Filed 2-25-03; 8:45 am]
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