Inquiry To Learn Whether Businesses Assert Business, 7662-7665 [2014-02832]
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Federal Register / Vol. 79, No. 27 / Monday, February 10, 2014 / Notices
transferred to Bath Electric Power
Company LLC. The project is located on
the Ammonoosuc River in Grafton
County, New Hampshire. The transfer of
an exemption does not require
Commission approval.
2. Bath Electric Power Company LLC
is now the exemptee of the
Ammonoosuc River Dam Project, FERC
No. 4609. All correspondence should be
forwarded to: Bath Electric Power
Company LLC, 112 Terrace Drive, North
Haverhill, NH 03774.
Dated: Issued February 3, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014–02741 Filed 2–7–14; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Project No. 4542–014]
Bacon Felt Company, Inc., Salmon
Falls Power & Light Company, LLC;
Notice of Transfer of Exemption
1. By letter filed August 12, 2013,
Bacon Felt Company, Inc. informed the
Commission that the exemption from
licensing for the Boston Felt Project,
FERC No. 4542, originally issued
August 29, 1983,1 has been transferred
to Salmon Falls Power & Light
Company, LLC. The project is located
on the Salmon Falls River in Strafford
County, New Hampshire. The transfer of
an exemption does not require
Commission approval.
2. Salmon Falls Power & Light
Company, LLC, located at P.O. Box 9,
South Casco, ME 04077, is now the
exemptee of the Boston Felt Project,
FERC No. 4542.
Dated: Issued February 3, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014–02740 Filed 2–7–14; 8:45 am]
BILLING CODE 6717–01–P
ENVIRONMENTAL PROTECTION
AGENCY
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Inquiry To Learn Whether Businesses
Assert Business
Confidentiality Claims Regarding
Waste Import and Export
1 24 FERC ¶ 62,240, Order Granting Exemption
From Licensing of A Small Project of 5 Megawatts
or Less.
19:25 Feb 07, 2014
Jkt 232001
ACTION:
Notice; request for comment.
The Environmental Protection
Agency (EPA) receives from time to time
Freedom of Information Act (FOIA)
requests for documentation received or
issued by EPA or data contained in EPA
database systems pertaining to the
export and import of Resource
Conservation and Recovery Act (RCRA)
hazardous waste from/to the United
States, the export of cathode ray tubes
(CRTs) and spent lead acid batteries
(SLABs) from the United States, and the
export and import of RCRA universal
waste from/to the United States. These
documents and data may identify or
reference multiple parties, and describe
transactions involving the movement of
specified materials in which the parties
propose to participate or have
participated. The purpose of this notice
is to inform ‘‘affected businesses’’ about
the documents or data sought by these
types of FOIA requests in order to
provide the businesses with the
opportunity to assert claims that any of
the information sought that pertains to
them is entitled to treatment as
confidential business information (CBI),
and to send comments to EPA
supporting their claims for such
treatment. Certain businesses, however,
do not meet the definition of ‘‘affected
business,’’ and are not covered by
today’s notice. They consist of any
business that actually submitted to EPA
any document at issue pursuant to
applicable RCRA regulatory
requirements and did not assert a CBI
claim as to information that pertains to
that business in connection with the
document at the time of its submission;
they have waived their right to do so at
a later time. Nevertheless, other
businesses identified or referenced in
the documents that were submitted to
EPA by the submitting business may
have a right to assert a CBI claim
concerning information that pertains to
them and may do so in response to this
notice.
SUMMARY:
Comments must be received on
or before March 12, 2014. The period for
submission of comments may be
extended if, before the comments are
due, you make a request for an
extension of the comment period and it
is approved by the EPA legal office.
Except in extraordinary circumstances,
the EPA legal office will not approve
such an extension without the consent
of any person whose request for release
of the information under the FOIA is
pending.
DATES:
[EPA–HQ–OECA–2014–0021; FRL–9906–
39–OECA]
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Environmental Protection
Agency (EPA).
AGENCY:
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Submit your comments,
identified by Docket ID No. EPA–HQ–
OECA–2014–0021, by one of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• Email: kreisler.eva@epa.gov.
• Address: Eva Kreisler, International
Compliance Assurance Division, Office
of Federal Activities, Office of
Enforcement and Compliance
Assurance, Environmental Protection
Agency, Mailcode: 2254A, 1200
Pennsylvania Ave. NW., Washington,
DC 20460.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OECA–2014–
0021. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or email.
Instructions about how to submit
comments claimed as CBI are given later
in this notice.
The https://www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through https://www.regulations.gov,
your email address will be
automatically captured and included as
part of the comment that is placed in the
public docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment. Please include your name and
other contact information with any disk
or CD–ROM you submit by mail. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
ADDRESSES:
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not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the HQ EPA Docket Center, EPA/DC,
EPA West, Room 3334, 1301
Constitution Ave. NW., Washington,
DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the
docket for this notice is (202) 566–1752.
Eva
Kreisler, International Compliance
Assurance Division, Office of Federal
Activities, Office of Enforcement and
Compliance Assurance, Environmental
Protection Agency, Mailcode: 2254A,
1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone
number: (202) 564–8186; email address:
kreisler.eva@epa.gov.
FOR FURTHER INFORMATION CONTACT:
Today’s
notice relates to any documents or data
in the following areas: (1) export of
Resource Conservation and Recovery
Act (RCRA) hazardous waste, during
calendar year 2013 or before, under 40
CFR part 262, subparts E and H; (2)
import of RCRA hazardous waste,
during calendar year 2013 or before,
under 40 CFR part 262, subparts F and
H; (3) transit of RCRA hazardous waste,
during calendar year 2013 or before,
under 40 CFR part 262, subpart H,
through the United States and foreign
countries; (4) export of cathode ray
tubes, during calendar year 2013 or
before, under 40 CFR part 261, subpart
E; (5) exports of non-crushed spent lead
acid batteries with intact casings, during
calendar year 2013 or before, under 40
CFR part 266 subpart G; (6) export and
import of RCRA universal waste, during
calendar year 2013 or before, under 40
CFR part 273, subparts B, C, D, and F;(7)
submissions from transporters, during
calendar year 2013 or before, under 40
CFR part 263, or from treatment, storage
or disposal facilities under 40 CFR parts
264 and 265, related to exports or
imports of hazardous waste which
occurred during calendar year 2013 or
before, including receiving facility
notices under 40 CFR 264.12(a)(1) and
265.12(a)(1) and import consent
documentation under 40 CFR
264.71(a)3) and 265.71(a)(3).
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SUPPLEMENTARY INFORMATION:
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I. General Information
EPA has previously published notices
similar to this one in the Federal
Register, the latest one being at 77 FR
25475, January 14, 2013 that address
issues similar to those raised by today’s
notice. The Agency did not receive any
comments on the previous notices.
Since the publication of the January 14,
2013 notice, the Agency has continued
to receive FOIA requests for documents
and data contained in EPA’s database
related to hazardous waste exports and
imports.
II. Issues Covered by This Notice
Specifically, EPA receives FOIA
requests from time to time for
documentation or data related to
hazardous waste exports and imports
that may identify or reference multiple
parties, and that describe transactions
involving the movement of specified
materials in which the parties propose
to participate or have participated. This
notice informs ‘‘affected businesses,’’ 1
which could include, among others,
‘‘transporters’’ 2 and ‘‘consignees,’’ 3 of
the requests for information in EPA
database systems and/or contained in
one or more of the following documents:
(1) documents related to the export of
Resource Conservation and Recovery
Act (RCRA) hazardous waste, during
calendar year 2013 or before, under 40
CFR part 262, subparts E and H,
including but not limited to the
‘‘notification of intent to export,’’ 4’’
manifests,’’ 5 ‘‘annual reports,’’ 6 ‘‘EPA
acknowledgements of consent, 7 ’’ ’’ any
subsequent communication
withdrawing a prior consent or
objection,’’ 8 ‘‘responses that neither
consent nor object,’’ ‘‘exception
reports,’’ 9 ‘‘transit notifications,’’ 10 and
‘‘renotifications;’’ 11 (2) documents
related to the import of hazardous
waste, during calendar year 2013 or
1 The term ‘‘affected business’’ is defined at 40
CFR 2.201(d), and is set forth in this notice, below.
2 The term ‘‘transporter’’ is defined at 40 CFR
260.10.
3 The term ‘‘consignee’’ is defined, for different
purposes, at 40 CFR 262.51 and 262.81(c).
4 The term ‘‘notification of intent to export’’ is
described at 40 CFR 262.53.
5 The term ‘‘manifest’’ is defined at 40 CFR
260.10.
6 The term ‘‘annual reports’’ is described at 40
CFR 262.56.
7 The term ‘‘EPA acknowledgement of consent’’ is
defined at 40 CFR 262.51.
8 The requirement to forward to the exporter ‘‘any
subsequent communication withdrawing a prior
consent or objection’’ is found at 42 U.S.C. § 6938(e)
9 The term ‘‘exception reports’’ is described at 40
CFR 262.55.
10 The term ‘‘transit notifications’’ is described at
40 CFR 262.53(e).
11 The term ‘‘renotifications’’ is described at 40
CFR 262.53(c).
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before, under 40 CFR part 262, subparts
F and H, including but not limited to
notifications of intent to import
hazardous waste into the U.S. from
foreign countries; (3) documents related
to the transit of hazardous waste, during
calendar year 2013 or before, under 40
CFR part 262, subpart H, including
notifications from U.S. exporters of
intent to transit through foreign
countries, or notifications from foreign
countries of intent to transit through the
U.S.; (4) documents related to the export
of cathode ray tubes (CRTs), during
calendar year 2013 or before, under 40
CFR part 261, subpart E, including but
not limited to notifications of intent to
export CRTs; (5) documents related to
the export of non-crushed spent lead
acid batteries (SLABs) with intact
casings, during calendar year 2013 or
before, under 40 CFR part 266 subpart
G, including but not limited to
notifications of intent to export SLABs;
(6) submissions from transporters under
40 CFR part 263, or from treatment,
storage or disposal facilities under 40
CFR parts 264 and 265, related to
exports or imports of hazardous waste
which occurred during calendar year
2013 or before, including receiving
facility notices under 40 CFR
264.12(a)(1) and 265.12(a)(1) and import
consent documentation under 40 CFR
264.71(a)(3) and 265.71(a)(3),and (7)
documents related to the export and
import of RCRA ‘‘universal waste’’ 12
under 40 CFR part 273, subparts B, C,
D, and F.
Certain businesses, however, do not
meet the definition of ‘‘affected
business,’’ and are not covered by
today’s notice. They consist of any
business that actually submitted
information responsive to a FOIA
request, under the authority of 40 CFR
parts 260 through 266 and 268, and did
not assert a claim of business
confidentiality covering any of that
information at the time of submission.
As set forth in the RCRA regulations at
40 CFR 260.2(b), ‘‘if no such [business
confidentiality] claim accompanies the
information when it is received by EPA,
it may be made available to the public
without further notice to the person
submitting it.’’ Thus, for purposes of
this notice and as a general matter under
40 CFR 260.2(b), a business that
submitted to EPA the documents at
issue, pursuant to applicable regulatory
requirements, and that failed to assert a
claim as to information that pertains to
it at the time of submission, cannot later
12 The term ‘‘universal waste’’ is defined at 40
CFR 273.9.
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Federal Register / Vol. 79, No. 27 / Monday, February 10, 2014 / Notices
make a business confidentiality claim.13
Nevertheless, other businesses
identified or referenced in the same
documents that were submitted to EPA
by the submitting business may have a
right to assert a CBI claim concerning
information that pertains to them and
may do so in response to this notice.
In addition, EPA may develop its own
documents and organize into its
database systems information that was
originally contained in documents from
submitting businesses relating to
exports and imports of hazardous waste.
If a submitting business fails to assert a
CBI claim for the documents it submits
to EPA at the time of submission, not
only does it waive its right to claim CBI
for those documents, but it also waives
its right to claim CBI for information in
EPA’s documents or databases that is
based on or derived from the documents
that were originally submitted by that
business.14
In accordance with 40 CFR 2.204(c)
and (e), this notice inquires whether any
affected business asserts a claim that
any of the requested information
constitutes CBI, and affords such
business an opportunity to comment to
EPA on the issue. This notice also
informs affected businesses that, if a
claim is made, EPA would determine
under 40 CFR part 2, subpart B, whether
any of the requested information is
entitled to business confidential
treatment.
1. Affected Businesses
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EPA’s FOIA regulations at 40 CFR
2.204(c)(1) require an EPA office that is
responsible for responding to a FOIA
request for the release of business
information (‘‘EPA office’’) ‘‘to
determine which businesses, if any, are
affected businesses * * *.’’ ‘‘Affected
business’’ is defined at 40 CFR 2.201(d)
as, ‘‘* * * with reference to an item of
business information, a business which
has asserted (and not waived or
withdrawn) a business confidentiality
claim covering the information, or a
business which could be expected to
make such a claim if it were aware that
disclosure of the information to the
public was proposed.’’
13 However, businesses having submitted
information to EPA relating to the export and
import of RCRA universal waste are not subject to
40 CFR 260.2(b) since they submitted information
in accordance with 40 CFR part 273, and not parts
260 through 266 and 268, as set forth in 40 CFR
260.2(b). They are therefore affected businesses that
could make a claim of CBI at the time of submission
or in response to this notice.
14 With the exception, noted above, of the
submission of information relating to the export and
import of RCRA universal waste.
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2. The Purposes of This Notice
This notice encompasses two distinct
steps in the process of communication
with affected businesses prior to EPA’s
making a final determination
concerning the business confidentiality
of the information at issue: the
preliminary inquiry and the notice of
opportunity to comment.
a. Inquiry To Learn Whether Affected
Businesses (Other Than Those
Businesses That Previously Asserted a
CBI Claim) Assert Claims Covering Any
of the Requested Information
Section 2.204(c)(2)(i) provides, in
relevant part:
If the examination conducted under
paragraph (c)(1) of this section discloses
the existence of any business which,
although it has not asserted a claim,
might be expected to assert a claim if it
knew EPA proposed to disclose the
information, the EPA office shall contact
a responsible official of each such
business to learn whether the business
asserts a claim covering the information.
b. Notice of Opportunity To Submit
Comments
Sections 2.204(d)(1)(i) and 2.204(e)(1)
of Title 40 of the Code of Federal
Regulations require that written notice
be provided to businesses that have
made claims of business confidentiality
for any of the information at issue,
stating that EPA is determining under
40 CFR part 2, subpart B, whether the
information is entitled to business
confidential treatment, and affording
each business an opportunity to
comment as to the reasons why it
believes that the information deserves
business confidential treatment.
3. The Use of Publication in the Federal
Register
Section 2.204(e)(1) of Title 40 of the
Code of Federal Regulations requires
that this type of notice be furnished by
certified mail (return receipt requested),
by personal delivery, or by other means
which allows verification of the fact and
date of receipt. EPA, however, has
determined that in the present
circumstances the use of a Federal
Register notice is a practical and
efficient way to contact affected
businesses and to furnish the notice of
opportunity to submit comments. The
Agency’s decision to follow this course
was made in recognition of the
administrative difficulty and
impracticality of directly contacting
potentially thousands of individual
businesses.
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4. Submission of Your Response in the
English Language
All responses to this notice must be
in the English language.
5. The Effect of Failure To Respond to
This Notice
In accordance with 40 CFR 2.204(e)(1)
and 2.205(d)(1), EPA will construe your
failure to furnish timely comments in
response to this notice as a waiver of
your business’s claim(s) of business
confidentiality for any information in
the types of documents identified in this
notice.
6. What To Include in Your Comments
If you believe that any of the
information contained in the types of
documents which are described in this
notice and which are currently, or may
become, subject to FOIA requests, is
entitled to business confidential
treatment, please specify which portions
of the information you consider
business confidential. Information not
specifically identified as subject to a
business confidentiality claim may be
disclosed to the requestor without
further notice to you.
For each item or class of information
that you identify as being subject to
your claim, please answer the following
questions, giving as much detail as
possible:
1. For what period of time do you
request that the information be
maintained as business confidential,
e.g., until a certain date, until the
occurrence of a specified event, or
permanently? If the occurrence of a
specific event will eliminate the need
for business confidentiality, please
specify that event.
2. Information submitted to EPA
becomes stale over time. Why should
the information you claim as business
confidential be protected for the time
period specified in your answer to
question no. 1?
3. What measures have you taken to
protect the information claimed as
business confidential? Have you
disclosed the information to anyone
other than a governmental body or
someone who is bound by an agreement
not to disclose the information further?
If so, why should the information still
be considered business confidential?
4. Is the information contained in any
publicly available material such as the
Internet, publicly available data bases,
promotional publications, annual
reports, or articles? Is there any means
by which a member of the public could
obtain access to the information? Is the
information of a kind that you would
customarily not release to the public?
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5. Has any governmental body made
a determination as to the business
confidentiality of the information? If so,
please attach a copy of the
determination.
6. For each category of information
claimed as business confidential,
explain with specificity why and how
release of the information is likely to
cause substantial harm to your
competitive position. Explain the
specific nature of those harmful effects,
why they should be viewed as
substantial, and the causal relationship
between disclosure and such harmful
effects. How could your competitors
make use of this information to your
detriment?
7. Do you assert that the information
is submitted on a voluntary or a
mandatory basis? Please explain the
reason for your assertion. If the business
asserts that the information is
voluntarily submitted information,
please explain whether and why
disclosure of the information would
tend to lessen the availability to EPA of
similar information in the future.
8. Any other issue you deem relevant.
Please note that you bear the burden
of substantiating your business
confidentiality claim. Conclusory
allegations will be given little or no
weight in the determination. If you wish
to claim any of the information in your
response as business confidential, you
must mark the response ‘‘BUSINESS
CONFIDENTIAL’’ or with a similar
designation, and must bracket all text so
claimed. Information so designated will
be disclosed by EPA only to the extent
allowed by, and by means of, the
procedures set forth in, 40 CFR part 2,
subpart B. If you fail to claim the
information as business confidential, it
may be made available to the requestor
without further notice to you.
III. What should I consider as I prepare
my comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through https://
www.regulations.gov or email. Please
submit this information by mail to the
address identified in the ADDRESSES
section of today’s notice for inclusion in
the non-public CBI docket. Clearly mark
the part or all of the information that
you claim to be CBI. For CBI
information in a disk or CD ROM that
you mail to EPA, mark the outside of the
disk or CD ROM as CBI and then
identify electronically within the disk or
CD ROM the specific information that is
claimed as CBI. Information so marked
will not be disclosed except in
accordance with the procedures set
forth in 40 CFR part 2, subpart B. In
addition to the submission of one
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complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket.
2. Tips for Preparing Your Comments.
When submitting comments, remember
to:
• Identify the notice by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
• Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
• Describe any assumptions and
provide any technical information and/
or data that you used.
• Provide specific examples to
illustrate your concerns, and suggest
alternatives.
• Make sure to submit your
comments by the comment period
deadline identified.
Dated: February 3, 2014.
Susan E.Bromm,
Director, Office of Federal Activities.
[FR Doc. 2014–02832 Filed 2–7–14; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
Information Collection Being
Submitted for Review and Approval to
the Office of Management and Budget
Federal Communications
Commission.
ACTION: Notice and request for
comments.
AGENCY:
As part of its continuing effort
to reduce paperwork burdens, and as
required by the Paperwork Reduction
Act (PRA) of 1995 (44 U.S.C. 3501–
3520), the Federal Communication
Commission (FCC or Commission)
invites the general public and other
Federal agencies to take this
opportunity to comment on the
following information collections.
Comments are requested concerning:
whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
the accuracy of the Commission’s
burden estimate; ways to enhance the
quality, utility, and clarity of the
information collected; ways to minimize
the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of
SUMMARY:
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7665
information technology; and ways to
further reduce the information
collection burden on small business
concerns with fewer than 25 employees.
The FCC may not conduct or sponsor
a collection of information unless it
displays a currently valid OMB control
number. No person shall be subject to
any penalty for failing to comply with
a collection of information subject to the
PRA that does not display a valid OMB
control number.
DATES: Written comments should be
submitted on or before March 12, 2014.
If you anticipate that you will be
submitting comments, but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the contacts below as soon as
possible.
Direct all PRA comments to
Nicholas A. Fraser, OMB, via email
Nicholas_A._Fraser@omb.eop.gov; and
to Cathy Williams, FCC, via email PRA@
fcc.gov mailto:PRA@fcc.gov≤ and to
Cathy.Williams@fcc.gov. Include in the
comments the OMB control number as
shown in the SUPPLEMENTARY
INFORMATION section below.
FOR FURTHER INFORMATION CONTACT: For
additional information or copies of the
information collection, contact Cathy
Williams at (202) 418–2918. To view a
copy of this information collection
request (ICR) submitted to OMB: (1) go
to the Web page https://
www.reginfo.gov/public/do/PRAMain,
(2) look for the section of the Web page
called ‘‘Currently Under Review,’’ (3)
click on the downward-pointing arrow
in the ‘‘Select Agency’’ box below the
‘‘Currently Under Review’’ heading, (4)
select ‘‘Federal Communications
Commission’’ from the list of agencies
presented in the ‘‘Select Agency’’ box,
(5) click the ‘‘Submit’’ button to the
right of the ‘‘Select Agency’’ box, (6)
when the list of FCC ICRs currently
under review appears, look for the OMB
control number of this ICR and then
click on the ICR Reference Number. A
copy of the FCC submission to OMB
will be displayed.
SUPPLEMENTARY INFORMATION:
OMB Control No.: 3060–0262.
Title: Section 90.179, Shared Use of
Radio Stations.
Form No.: N/A.
Type of Review: Extension of a
currently approved collection.
Respondents: Business or other forprofit, non-for-profit institutions, and
state, local and
tribal government.
Number of Respondents and
Responses: 42,000 respondents, 42,000
responses.
ADDRESSES:
E:\FR\FM\10FEN1.SGM
10FEN1
Agencies
[Federal Register Volume 79, Number 27 (Monday, February 10, 2014)]
[Notices]
[Pages 7662-7665]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-02832]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OECA-2014-0021; FRL-9906-39-OECA]
Inquiry To Learn Whether Businesses Assert Business
Confidentiality Claims Regarding Waste Import and Export
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; request for comment.
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SUMMARY: The Environmental Protection Agency (EPA) receives from time
to time Freedom of Information Act (FOIA) requests for documentation
received or issued by EPA or data contained in EPA database systems
pertaining to the export and import of Resource Conservation and
Recovery Act (RCRA) hazardous waste from/to the United States, the
export of cathode ray tubes (CRTs) and spent lead acid batteries
(SLABs) from the United States, and the export and import of RCRA
universal waste from/to the United States. These documents and data may
identify or reference multiple parties, and describe transactions
involving the movement of specified materials in which the parties
propose to participate or have participated. The purpose of this notice
is to inform ``affected businesses'' about the documents or data sought
by these types of FOIA requests in order to provide the businesses with
the opportunity to assert claims that any of the information sought
that pertains to them is entitled to treatment as confidential business
information (CBI), and to send comments to EPA supporting their claims
for such treatment. Certain businesses, however, do not meet the
definition of ``affected business,'' and are not covered by today's
notice. They consist of any business that actually submitted to EPA any
document at issue pursuant to applicable RCRA regulatory requirements
and did not assert a CBI claim as to information that pertains to that
business in connection with the document at the time of its submission;
they have waived their right to do so at a later time. Nevertheless,
other businesses identified or referenced in the documents that were
submitted to EPA by the submitting business may have a right to assert
a CBI claim concerning information that pertains to them and may do so
in response to this notice.
DATES: Comments must be received on or before March 12, 2014. The
period for submission of comments may be extended if, before the
comments are due, you make a request for an extension of the comment
period and it is approved by the EPA legal office. Except in
extraordinary circumstances, the EPA legal office will not approve such
an extension without the consent of any person whose request for
release of the information under the FOIA is pending.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OECA-2014-0021, by one of the following methods:
https://www.regulations.gov: Follow the on-line
instructions for submitting comments.
Email: kreisler.eva@epa.gov.
Address: Eva Kreisler, International Compliance Assurance
Division, Office of Federal Activities, Office of Enforcement and
Compliance Assurance, Environmental Protection Agency, Mailcode: 2254A,
1200 Pennsylvania Ave. NW., Washington, DC 20460.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OECA-
2014-0021. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through https://www.regulations.gov or email. Instructions about how to submit comments
claimed as CBI are given later in this notice.
The https://www.regulations.gov Web site is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an email comment directly to EPA without going through https://www.regulations.gov, your email address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment. Please include your name and
other contact information with any disk or CD-ROM you submit by mail.
If EPA cannot read your comment due to technical difficulties and
cannot contact you for clarification, EPA may not be able to consider
your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses. For additional information about EPA's public docket visit the
EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information is
[[Page 7663]]
not publicly available, e.g., CBI or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, will be publicly available only in hard copy. Publicly
available docket materials are available either electronically in
https://www.regulations.gov or in hard copy at the HQ EPA Docket Center,
EPA/DC, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington,
DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Public Reading Room is (202) 566-1744, and the telephone number for the
docket for this notice is (202) 566-1752.
FOR FURTHER INFORMATION CONTACT: Eva Kreisler, International Compliance
Assurance Division, Office of Federal Activities, Office of Enforcement
and Compliance Assurance, Environmental Protection Agency, Mailcode:
2254A, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone
number: (202) 564-8186; email address: kreisler.eva@epa.gov.
SUPPLEMENTARY INFORMATION: Today's notice relates to any documents or
data in the following areas: (1) export of Resource Conservation and
Recovery Act (RCRA) hazardous waste, during calendar year 2013 or
before, under 40 CFR part 262, subparts E and H; (2) import of RCRA
hazardous waste, during calendar year 2013 or before, under 40 CFR part
262, subparts F and H; (3) transit of RCRA hazardous waste, during
calendar year 2013 or before, under 40 CFR part 262, subpart H, through
the United States and foreign countries; (4) export of cathode ray
tubes, during calendar year 2013 or before, under 40 CFR part 261,
subpart E; (5) exports of non-crushed spent lead acid batteries with
intact casings, during calendar year 2013 or before, under 40 CFR part
266 subpart G; (6) export and import of RCRA universal waste, during
calendar year 2013 or before, under 40 CFR part 273, subparts B, C, D,
and F;(7) submissions from transporters, during calendar year 2013 or
before, under 40 CFR part 263, or from treatment, storage or disposal
facilities under 40 CFR parts 264 and 265, related to exports or
imports of hazardous waste which occurred during calendar year 2013 or
before, including receiving facility notices under 40 CFR 264.12(a)(1)
and 265.12(a)(1) and import consent documentation under 40 CFR
264.71(a)3) and 265.71(a)(3).
I. General Information
EPA has previously published notices similar to this one in the
Federal Register, the latest one being at 77 FR 25475, January 14, 2013
that address issues similar to those raised by today's notice. The
Agency did not receive any comments on the previous notices. Since the
publication of the January 14, 2013 notice, the Agency has continued to
receive FOIA requests for documents and data contained in EPA's
database related to hazardous waste exports and imports.
II. Issues Covered by This Notice
Specifically, EPA receives FOIA requests from time to time for
documentation or data related to hazardous waste exports and imports
that may identify or reference multiple parties, and that describe
transactions involving the movement of specified materials in which the
parties propose to participate or have participated. This notice
informs ``affected businesses,'' \1\ which could include, among others,
``transporters'' \2\ and ``consignees,'' \3\ of the requests for
information in EPA database systems and/or contained in one or more of
the following documents: (1) documents related to the export of
Resource Conservation and Recovery Act (RCRA) hazardous waste, during
calendar year 2013 or before, under 40 CFR part 262, subparts E and H,
including but not limited to the ``notification of intent to export,''
\4\'' manifests,'' \5\ ``annual reports,'' \6\ ``EPA acknowledgements
of consent, \7\ '' '' any subsequent communication withdrawing a prior
consent or objection,'' \8\ ``responses that neither consent nor
object,'' ``exception reports,'' \9\ ``transit notifications,'' \10\
and ``renotifications;'' \11\ (2) documents related to the import of
hazardous waste, during calendar year 2013 or before, under 40 CFR part
262, subparts F and H, including but not limited to notifications of
intent to import hazardous waste into the U.S. from foreign countries;
(3) documents related to the transit of hazardous waste, during
calendar year 2013 or before, under 40 CFR part 262, subpart H,
including notifications from U.S. exporters of intent to transit
through foreign countries, or notifications from foreign countries of
intent to transit through the U.S.; (4) documents related to the export
of cathode ray tubes (CRTs), during calendar year 2013 or before, under
40 CFR part 261, subpart E, including but not limited to notifications
of intent to export CRTs; (5) documents related to the export of non-
crushed spent lead acid batteries (SLABs) with intact casings, during
calendar year 2013 or before, under 40 CFR part 266 subpart G,
including but not limited to notifications of intent to export SLABs;
(6) submissions from transporters under 40 CFR part 263, or from
treatment, storage or disposal facilities under 40 CFR parts 264 and
265, related to exports or imports of hazardous waste which occurred
during calendar year 2013 or before, including receiving facility
notices under 40 CFR 264.12(a)(1) and 265.12(a)(1) and import consent
documentation under 40 CFR 264.71(a)(3) and 265.71(a)(3),and (7)
documents related to the export and import of RCRA ``universal waste''
\12\ under 40 CFR part 273, subparts B, C, D, and F.
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\1\ The term ``affected business'' is defined at 40 CFR
2.201(d), and is set forth in this notice, below.
\2\ The term ``transporter'' is defined at 40 CFR 260.10.
\3\ The term ``consignee'' is defined, for different purposes,
at 40 CFR 262.51 and 262.81(c).
\4\ The term ``notification of intent to export'' is described
at 40 CFR 262.53.
\5\ The term ``manifest'' is defined at 40 CFR 260.10.
\6\ The term ``annual reports'' is described at 40 CFR 262.56.
\7\ The term ``EPA acknowledgement of consent'' is defined at 40
CFR 262.51.
\8\ The requirement to forward to the exporter ``any subsequent
communication withdrawing a prior consent or objection'' is found at
42 U.S.C. Sec. 6938(e)
\9\ The term ``exception reports'' is described at 40 CFR
262.55.
\10\ The term ``transit notifications'' is described at 40 CFR
262.53(e).
\11\ The term ``renotifications'' is described at 40 CFR
262.53(c).
\12\ The term ``universal waste'' is defined at 40 CFR 273.9.
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Certain businesses, however, do not meet the definition of
``affected business,'' and are not covered by today's notice. They
consist of any business that actually submitted information responsive
to a FOIA request, under the authority of 40 CFR parts 260 through 266
and 268, and did not assert a claim of business confidentiality
covering any of that information at the time of submission. As set
forth in the RCRA regulations at 40 CFR 260.2(b), ``if no such
[business confidentiality] claim accompanies the information when it is
received by EPA, it may be made available to the public without further
notice to the person submitting it.'' Thus, for purposes of this notice
and as a general matter under 40 CFR 260.2(b), a business that
submitted to EPA the documents at issue, pursuant to applicable
regulatory requirements, and that failed to assert a claim as to
information that pertains to it at the time of submission, cannot later
[[Page 7664]]
make a business confidentiality claim.\13\ Nevertheless, other
businesses identified or referenced in the same documents that were
submitted to EPA by the submitting business may have a right to assert
a CBI claim concerning information that pertains to them and may do so
in response to this notice.
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\13\ However, businesses having submitted information to EPA
relating to the export and import of RCRA universal waste are not
subject to 40 CFR 260.2(b) since they submitted information in
accordance with 40 CFR part 273, and not parts 260 through 266 and
268, as set forth in 40 CFR 260.2(b). They are therefore affected
businesses that could make a claim of CBI at the time of submission
or in response to this notice.
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In addition, EPA may develop its own documents and organize into
its database systems information that was originally contained in
documents from submitting businesses relating to exports and imports of
hazardous waste. If a submitting business fails to assert a CBI claim
for the documents it submits to EPA at the time of submission, not only
does it waive its right to claim CBI for those documents, but it also
waives its right to claim CBI for information in EPA's documents or
databases that is based on or derived from the documents that were
originally submitted by that business.\14\
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\14\ With the exception, noted above, of the submission of
information relating to the export and import of RCRA universal
waste.
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In accordance with 40 CFR 2.204(c) and (e), this notice inquires
whether any affected business asserts a claim that any of the requested
information constitutes CBI, and affords such business an opportunity
to comment to EPA on the issue. This notice also informs affected
businesses that, if a claim is made, EPA would determine under 40 CFR
part 2, subpart B, whether any of the requested information is entitled
to business confidential treatment.
1. Affected Businesses
EPA's FOIA regulations at 40 CFR 2.204(c)(1) require an EPA office
that is responsible for responding to a FOIA request for the release of
business information (``EPA office'') ``to determine which businesses,
if any, are affected businesses * * *.'' ``Affected business'' is
defined at 40 CFR 2.201(d) as, ``* * * with reference to an item of
business information, a business which has asserted (and not waived or
withdrawn) a business confidentiality claim covering the information,
or a business which could be expected to make such a claim if it were
aware that disclosure of the information to the public was proposed.''
2. The Purposes of This Notice
This notice encompasses two distinct steps in the process of
communication with affected businesses prior to EPA's making a final
determination concerning the business confidentiality of the
information at issue: the preliminary inquiry and the notice of
opportunity to comment.
a. Inquiry To Learn Whether Affected Businesses (Other Than Those
Businesses That Previously Asserted a CBI Claim) Assert Claims Covering
Any of the Requested Information
Section 2.204(c)(2)(i) provides, in relevant part:
If the examination conducted under paragraph (c)(1) of this section
discloses the existence of any business which, although it has not
asserted a claim, might be expected to assert a claim if it knew EPA
proposed to disclose the information, the EPA office shall contact a
responsible official of each such business to learn whether the
business asserts a claim covering the information.
b. Notice of Opportunity To Submit Comments
Sections 2.204(d)(1)(i) and 2.204(e)(1) of Title 40 of the Code of
Federal Regulations require that written notice be provided to
businesses that have made claims of business confidentiality for any of
the information at issue, stating that EPA is determining under 40 CFR
part 2, subpart B, whether the information is entitled to business
confidential treatment, and affording each business an opportunity to
comment as to the reasons why it believes that the information deserves
business confidential treatment.
3. The Use of Publication in the Federal Register
Section 2.204(e)(1) of Title 40 of the Code of Federal Regulations
requires that this type of notice be furnished by certified mail
(return receipt requested), by personal delivery, or by other means
which allows verification of the fact and date of receipt. EPA,
however, has determined that in the present circumstances the use of a
Federal Register notice is a practical and efficient way to contact
affected businesses and to furnish the notice of opportunity to submit
comments. The Agency's decision to follow this course was made in
recognition of the administrative difficulty and impracticality of
directly contacting potentially thousands of individual businesses.
4. Submission of Your Response in the English Language
All responses to this notice must be in the English language.
5. The Effect of Failure To Respond to This Notice
In accordance with 40 CFR 2.204(e)(1) and 2.205(d)(1), EPA will
construe your failure to furnish timely comments in response to this
notice as a waiver of your business's claim(s) of business
confidentiality for any information in the types of documents
identified in this notice.
6. What To Include in Your Comments
If you believe that any of the information contained in the types
of documents which are described in this notice and which are
currently, or may become, subject to FOIA requests, is entitled to
business confidential treatment, please specify which portions of the
information you consider business confidential. Information not
specifically identified as subject to a business confidentiality claim
may be disclosed to the requestor without further notice to you.
For each item or class of information that you identify as being
subject to your claim, please answer the following questions, giving as
much detail as possible:
1. For what period of time do you request that the information be
maintained as business confidential, e.g., until a certain date, until
the occurrence of a specified event, or permanently? If the occurrence
of a specific event will eliminate the need for business
confidentiality, please specify that event.
2. Information submitted to EPA becomes stale over time. Why should
the information you claim as business confidential be protected for the
time period specified in your answer to question no. 1?
3. What measures have you taken to protect the information claimed
as business confidential? Have you disclosed the information to anyone
other than a governmental body or someone who is bound by an agreement
not to disclose the information further? If so, why should the
information still be considered business confidential?
4. Is the information contained in any publicly available material
such as the Internet, publicly available data bases, promotional
publications, annual reports, or articles? Is there any means by which
a member of the public could obtain access to the information? Is the
information of a kind that you would customarily not release to the
public?
[[Page 7665]]
5. Has any governmental body made a determination as to the
business confidentiality of the information? If so, please attach a
copy of the determination.
6. For each category of information claimed as business
confidential, explain with specificity why and how release of the
information is likely to cause substantial harm to your competitive
position. Explain the specific nature of those harmful effects, why
they should be viewed as substantial, and the causal relationship
between disclosure and such harmful effects. How could your competitors
make use of this information to your detriment?
7. Do you assert that the information is submitted on a voluntary
or a mandatory basis? Please explain the reason for your assertion. If
the business asserts that the information is voluntarily submitted
information, please explain whether and why disclosure of the
information would tend to lessen the availability to EPA of similar
information in the future.
8. Any other issue you deem relevant.
Please note that you bear the burden of substantiating your
business confidentiality claim. Conclusory allegations will be given
little or no weight in the determination. If you wish to claim any of
the information in your response as business confidential, you must
mark the response ``BUSINESS CONFIDENTIAL'' or with a similar
designation, and must bracket all text so claimed. Information so
designated will be disclosed by EPA only to the extent allowed by, and
by means of, the procedures set forth in, 40 CFR part 2, subpart B. If
you fail to claim the information as business confidential, it may be
made available to the requestor without further notice to you.
III. What should I consider as I prepare my comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
https://www.regulations.gov or email. Please submit this information by
mail to the address identified in the ADDRESSES section of today's
notice for inclusion in the non-public CBI docket. Clearly mark the
part or all of the information that you claim to be CBI. For CBI
information in a disk or CD ROM that you mail to EPA, mark the outside
of the disk or CD ROM as CBI and then identify electronically within
the disk or CD ROM the specific information that is claimed as CBI.
Information so marked will not be disclosed except in accordance with
the procedures set forth in 40 CFR part 2, subpart B. In addition to
the submission of one complete version of the comment that includes
information claimed as CBI, a copy of the comment that does not contain
the information claimed as CBI must be submitted for inclusion in the
public docket.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
Identify the notice by docket number and other identifying
information (subject heading, Federal Register date and page number).
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Describe any assumptions and provide any technical
information and/or data that you used.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Make sure to submit your comments by the comment period
deadline identified.
Dated: February 3, 2014.
Susan E.Bromm,
Director, Office of Federal Activities.
[FR Doc. 2014-02832 Filed 2-7-14; 8:45 am]
BILLING CODE 6560-50-P