[Federal Register Volume 86, Number 153 (Thursday, August 12, 2021)]
[Notices]
[Pages 44357-44358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17215]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2017-0652; FRL-8703-01-OCSPP]


Agency Information Collection Activities; Proposed Renewal of an 
Existing Collection and Request for Comment; Expanded Access to the 
Toxic Substances Control Act (TSCA) Confidential Business Information

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this 
document announces the availability of and solicits public comment on 
an Information Collection Request (ICR) that EPA is planning to submit 
to the Office of Management and Budget (OMB). The ICR, entitled: 
``Expanded Access to TSCA Confidential Business Information'' and 
identified by EPA ICR No. 2570.02 and OMB Control No. 2070-0209, 
represents the renewal of an existing ICR that is scheduled to expire 
on March 31, 2022. Before submitting the ICR to OMB for review and 
approval under the PRA, EPA is soliciting comments on specific aspects 
of the information collection that is summarized in this document. The 
ICR and accompanying material are available in the docket for public 
review and comment.

DATES: Comments must be received on or before October 12, 2021.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2017-0625, online through the Federal 
eRulemaking Portal at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at http://www.epa.gov/dockets.
    Please note that due to the public health concerns related to 
COVID-19, the EPA Docket Center (EPA/DC) and Reading Room is closed to 
visitors with limited exceptions. The staff continues to provide remote 
customer service via email, phone, and webform. For the latest status 
information on EPA/DC and docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Jessica Barkas, PMOD (7408M), Office 
of Pollution Prevention and Toxics, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: 
(202) 250-8880; email address: [email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. What information is EPA particularly interested in?

    Pursuant to the Paperwork Reduction Act (PRA) section 3506(c)(2)(A) 
(44 U.S.C. 3506(c)(2)(A)), EPA specifically solicits comments and 
information to enable it to:
    1. Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the Agency, 
including whether the information will have practical utility.
    2. Evaluate the accuracy of the Agency's estimates of the burden of 
the proposed collection of information, including the validity of the 
methodology and assumptions used.
    3. Enhance the quality, utility, and clarity of the information to 
be collected.
    4. Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses. In particular, EPA is requesting comments from 
very small businesses (those that employ less than 25) on examples of 
specific additional efforts that EPA could make to reduce the paperwork 
burden for very small businesses affected by this collection.

II. What information collection activity or ICR does this action apply 
to?

    Title: Expanded Access to TSCA Confidential Business Information.
    ICR number: EPA ICR No. 2570.02.
    OMB control number: OMB Control No. 2070-0209.
    ICR status: This ICR is currently scheduled to expire on March 31, 
2022. An Agency may not conduct or sponsor, and a person is not 
required to respond to, a collection of information, unless it displays 
a currently valid OMB control number. The OMB control numbers for EPA's 
regulations in title 40 of the Code of Federal Regulations (CFR), after 
appearing in the Federal Register when approved, are listed in 40 CFR 
part 9, are displayed either by publication in the Federal Register or 
by other appropriate means, such as on the related collection 
instrument or form, if applicable. The display of OMB control numbers 
for certain EPA regulations is consolidated in 40 CFR part 9.
    Abstract: The 2016 amendments to the Toxic Substances Control Act 
(TSCA) in the Frank R. Lautenberg Chemical Safety for the 21st Century 
Act, expanded the categories of people to whom EPA may disclose TSCA 
confidential business information (CBI). The amendments authorize EPA 
to disclose TSCA CBI to state, tribal, and local governments; 
environmental, health, and medical professionals; and emergency 
responders, under certain conditions, including consistency with 
guidance that EPA is required to develop. Three guidance documents have 
been developed, corresponding to the new authorities in TSCA section 
14(d)(4), (5), and (6).
    The conditions for access vary under each of the new provisions, 
but generally include the following: Requesters must show that they 
have a need for the information related to their employment, 
professional, or legal duties; recipients of TSCA CBI are prohibited 
from disclosing or permitting further disclosure of the information to 
individuals not authorized to receive it (physicians/nurses may 
disclose the information to their patient); and except in emergency 
situations EPA must

[[Page 44358]]

notify the entity that made the CBI claim at least 15 days prior to 
disclosing the CBI. In addition, under these new provisions, requesters 
(except in some emergency situations) are required to sign an agreement 
and may be required to submit a statement of need to EPA.
    In accordance with the requirements of TSCA section 14(c)(4)(B), 
the guidance documents cover the content and form of the agreements and 
statements required under each provision, and include information on 
where and how to submit requests to EPA.
    Burden statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to annual 
average 14.8 hours per response. Burden is defined in 5 CFR 1320.3(b).
    The ICR, which is available in the docket along with other related 
materials, provides a detailed explanation of the collection activities 
and the burden estimate that is only briefly summarized here:
    Respondents/Affected Entities: Entities potentially affected by 
this ICR are mainly government employees (federal, state, local, 
tribal), as well as medical professionals, such as doctors and nurses. 
The NAICS code for health care and social assistance is 62.
    Respondent's obligation to respond: Voluntary.
    Estimated total number of potential respondents: 3.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent: 2.
    Estimated total annual burden hours: 89 hours.
    Estimated total annual costs: $5,873.98. This includes an estimated 
burden cost of $5,873.98 and an estimated cost of $0 for capital 
investment or maintenance and operational costs.

III. Are there changes in the estimates from the last approval?

    There is no change in the estimated total annual burden compared 
with that identified in the ICR currently approved by OMB, but there is 
an increase in the estimated burden costs and a decrease in the 
estimated number of total respondents. The change in estimated cost was 
caused by an increase in the hourly wages and a change in the 
methodology to calculate loaded wages (wages plus fringe benefits and 
overhead), and the change in the estimated number of respondents is 
based on EPA experience. This change is an adjustment.
    In addition, this ICR reflects a change in format. OMB has 
requested that EPA move towards using the 18-question format for ICR 
Supporting Statements used by other federal agencies and departments 
and is based on the submission instructions established by OMB in 1995, 
replacing the alternate format developed by EPA and OMB prior to 1995. 
The Agency does not believe that this change in format resulted in 
substantive changes to the information collection activities or related 
estimated burden and costs.

IV. What is the next step in the process for this ICR?

    EPA will consider the comments received and amend the ICR as 
appropriate. The final ICR package will then be submitted to OMB for 
review and approval pursuant to 5 CFR 1320.12. EPA will issue another 
Federal Register document pursuant to 5 CFR 1320.5(a)(1)(iv) to 
announce the submission of the ICR to OMB and the opportunity to submit 
additional comments to OMB. If you have any questions about this ICR or 
the approval process, please contact the person listed under FOR 
FURTHER INFORMATION CONTACT.
    Authority: 44 U.S.C. 3501 et seq.

    Dated: July 27, 2021.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2021-17215 Filed 8-11-21; 8:45 am]
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