99-33029. Elimination of Special Treatment for Category of Confidential Business Information: Extension of the Comment Period

[Federal Register Volume 64, Number 244 (Tuesday, December 21, 1999)]
[Proposed Rules]
[Pages 71366-71367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33029]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 2

[FRL-6513-1]


Elimination of Special Treatment for Category of Confidential 
Business Information: Extension of the Comment Period

AGENCY: Environmental Protection Agency.


[[Page 71367]]


ACTION: Proposed rule; extension of comment period.

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SUMMARY: On October 25, 1999, the Environmental Protection Agency (EPA) 
published a notice in the Federal Register (64 FR 57421) proposing to 
amend its regulations to eliminate the special treatment given to a 
category of confidential business information (CBI). This category of 
information includes comments received from businesses to substantiate 
their claims of confidentiality for previously submitted information (a 
``substantiation''). Under EPA's current regulations (40 CFR 2.205 
(c)), if a substantiation is properly marked as confidential when 
received by EPA (in accordance with 40 CFR 2.203(b)) and not otherwise 
possessed by EPA, the substantiation ``will be regarded as entitled to 
confidential treatment and will not be disclosed by EPA without the 
[submitter's] consent, unless its disclosure is duly ordered by a 
Federal court, notwithstanding other provisions of this subpart to the 
contrary.'' EPA proposes to amend its regulations to remove this 
provision, so that substantiations will be treated in exactly the same 
way as other information requested under FOIA and claimed as 
confidential. EPA believes that the special treatment of 
substantiations under 40 CFR 2.205 (c) is not necessary to encourage 
businesses to submit sufficient information to support their 
confidentiality claims and that its CBI determination procedures (40 
CFR part 2, subpart B) provide adequate safeguards to prevent the 
improper release of additional CBI contained in a submitter's 
substantiation. In addition, the removal of this provision will bring 
EPA into conformity with other Federal agencies which do not provide 
special treatment for substantiations.
    As detailed in 64 FR 57421, EPA originally sought comments on the 
proposed rule by December 27, 1999. In response to requests from 
interested parties for additional time to analyze and comment on the 
proposed rule, EPA hereby extends the comment period for 30 days to 
January 26, 2000.

DATES: Comments on the proposed rule must be submitted by January 26, 
2000.

ADDRESSES: Written comments on this proposed rule should be addressed 
to Rebecca Moser, Environmental Protection Agency, Office of 
Environmental Information (Mail Code 2822), 401 M Street, SW, 
Washington, DC 20460. Documents related to this proposed rule will be 
available for public inspection and viewing by appointment.

FOR FURTHER INFORMATION CONTACT: Rebecca Moser, [phone].

    Dated: December 13, 1999.
Margaret N. Schneider,
Acting Assistant Administrator, Office of Environmental Information.
[FR Doc. 99-33029 Filed 12-20-99; 8:45 am]
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