69 FR 73 pgs. 20007-20008 - TSCA Confidential Business Information; Revised Security Manual;Notice of Availability

Type: NOTICEVolume: 69Number: 73Pages: 20007 - 20008
Docket number: [0PPT-2003-0052; FRL-7323-8]
FR document: [FR Doc. 04-8459 Filed 4-14-04; 8:45 am]
Agency: Environmental Protection Agency
Official PDF Version:  PDF Version

ENVIRONMENTAL PROTECTION AGENCY

[0PPT-2003-0052; FRL-7323-8]

TSCA Confidential Business Information; Revised Security Manual;Notice of Availability

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Notice of availability.

SUMMARY:

EPA has adopted revisions to its procedures forhandling confidential business information (CBI) under the Toxic SubstancesControl Act (TSCA). These revised procedures are set forth in a new TSCA CBI Protection Manual for Federal employees andcontractors, the availability of which is announced by thisnotice.

DATES:

The requirements of the revised TSCA CBIProtection Manual were effective January 28, 2004.

ADDRESSES:

The revised TSCA CBI ProtectionManual is available for the public to view at the EPA Docket Center(Room B102), EPA West Building, 1301 Constitution Avenue, NW, Washington,DC 20460

FOR FURTHER INFORMATION CONTACT:

Forgeneral information contact: Barbara Cunningham, Director,Environmental Assistance Division (7408M), Office of Pollution Preventionand Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,Washington, DC 20460-0001; telephone number: (202) 554-1404;e-mail address: TSCA-Hotline@EPA.gov.

For technical information contact: Harry Lewis,Information Management Division (7407M), Office of Pollution Prevention andToxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,Washington, DC 20460-0001; telephone number: (202) 564-8642;e-mail address: lewis.harry@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

This action is directed to the public in general. Since other entitiesmay also be interested, the Agency has not attempted to describe all thespecific entities that may be affected by this action. If you have anyquestions regarding the applicability of this action to a particularentity, consult the technical person listed under FOR FURTHERINFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other RelatedInformation?

1. Docket. EPA has established an official publicdocket for this action under docket identification (ID) numberOPPT-2003-0052. The official public docket consists of thedocuments specifically referenced in this action, any public commentsreceived, and other information related to this action. Although a part ofthe official docket, the public docket does not include ConfidentialBusiness Information (CBI) or other information whose disclosure isrestricted by statute. The official public docket is the collection ofmaterials 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 through Friday, excluding legal holidays. The EPA Docket CenterReading Room telephone number is (202) 566-1744 and the telephonenumber 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 EPAInternet under the Federal Register listings at http://www.epa.gov/fedrgstr/. The revised TSCA CBI ProtectionManual is available for the public to view at the EPA Docket Center (RoomB102), EPA West Building, 1301 Constitution Avenue, NW, Washington, DC20460

An electronic version of the public docket is available through EPA'selectronic public docket and comment system, EPA Dockets. You may use EPADockets at http://www.epa.gov/edocket/ to submit or viewpublic comments, access the index listing of the contents of the officialpublic docket, and to access those documents in the public docket that areavailable electronically. Although not all docket materials may beavailable electronically, you may still access any of the publiclyavailable docket materials through the docket facility identified in UnitI.B.1. Once in the system, select "search," then key in theappropriate docket ID number.

Certain types of information will not be placed in the EPA Dockets.Information claimed as CBI and other information whose disclosure isrestricted by statute, which is not included in the official public docket,will not be available for public viewing in EPA's electronic public docket.EPA's policy is that copyrighted material will not be placed in EPA'selectronic public docket but will be available only in printed, paper formin the official public docket. To the extent feasible, publicly availabledocket materials will be made available in EPA's electronic public docket.When a document is selected from the index list in EPA Dockets, the systemwill identify whether the document is available for viewing in EPA'selectronic public docket. Although not all docket materials may beavailable electronically, you may still access any of the publiclyavailable docket materials through the docket facility identified in UnitI.B.1. EPA intends to work towards providing electronic access to all ofthe publicly available docket materials through EPA's electronic publicdocket.

II. What Action is the Agency Taking?

EPA is issuing this notice to announce the availability of the revisedTSCA security manual for Federal employees and contractors. The revisedTSCA CBI Protection Manual supersedes the previous edition of the TSCAConfidential Business Information Security Manual (April 1995). Therevised manual includes changes and refinements in existing proceduresdeveloped since the publication of the previous manual. Several changes tothe manual have been made as a result of EPA's continuing efforts toimprove the procedures for handling TSCA CBI. None of these changes reducethe overall level of protection afforded TSCA CBI. Changes andclarifications include the following examples: (1) Updated and detailedrules for working with TSCA CBI on computers, including use of the EPA TSCACBI secure local area network; (2) clarification that, notwithstandingsupplemental administrative access requirements, legal access to TSCA CBIis conferred to Federal employees with a job-related need under Section 14of TSCA; (3) clause in the Preface providing the Director of theInformation Management Division, OPPT, with the authority to grantexceptions to prescribed procedures in the Manual in justified"extraordinary circumstances;" (4) expansion of the workingpapers exemption to TSCA CBI Document Control Officer (DCO) recordkeepingfrom only allowing an author/creator exclusive physical possession of theirpersonal papers, to allowing them to be under the author/creator's controlwhile in the temporary physical possession of another TSCA CBI authorizedperson; (5) clarifying the authority of the OPPT DCO to delegate TSCA CBImailouts and receipts to other DCOs at EPA Headquarters; (6) detailedguidelines incorporating mandatory criteria for working with TSCA CBI in apersonal residence; (7) change from annual audits required for contractorDCOs, to contractor and Federal baseline comprehensive audits followed byquadrennial comprehensive audits and annual transaction audits; and (8) fornew-access contractor employees, replacement of Minimum BackgroundInvestigation (MBI) with National Agency Check and Inquiry (NACI)investigation. The Agency's policy on revisions to TSCA CBI securitymanuals was announced in the Federal Register of November 14,1985 (50 FR 47108). EPA is publishing this notice in accordance with therequirements of that policy. EPA is printing and distributing copies ofthe revised manual to affected EPA offices. The provisions of the revisedmanual were effective January 28, 2004.

List of Subjects

Environmental protection, Confidential businessinformation.

Dated: April 1, 2004.

Charlies M. Auer,

Director, Office of Pollution Prevention and Toxics.

[FR Doc. 04-8459 Filed 4-14-04; 8:45 am]

BILLING CODE 6560-50-S