Confidential business information; elimination of special treatment for certain category,
[Federal Register: December 21, 1999 (Volume 64, Number 244)]
[Proposed Rules]
[Page 71366-71367]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21de99-30]
ENVIRONMENTAL PROTECTION AGENCY
[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.
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, (202) 260-6780.
Dated: December 13, 1999. Margaret N. Schneider, Acting Assistant Administrator, Office of Environmental Information.
[FR Doc. 99-33029Filed12-20-99; 8:45 am]
BILLING CODE 6560-50-P
