United States CONSUMER PRODUCT Washington, D.C.

20207

SAFETYCOMMISSION ,,‘;f’ & 7 ’ I’’ I

MEMORANDUM
I

DATE : <’ i .

JuN .-

18@9?

TO Through:

:

The Commission Sadye E. Dunn, SecretaryPamela Gilbert, Executive Director

Jeffrey S. Bronune, General 4-l Richard W. Allen, Assistant neral Counsel Joseph F. Rosenthal, Attorney -;;;2 \ SUBJECT : Federal Register Notice Removing 16 CFR Part 1017
FROM :

Ballot Vote due

JUN251997

16 CFR Part 1017 is a regulation setting forth, in great detail, procedures for handling confidential business information that CPSC sometimes receives from EPA and also setting forth procedures for handling confidential chemical formula information that was requested of manufacturers in 1975. These procedures are now obsolete. The chemical formula information has been destroyed and is not likely to be replaced. EPA requires confidential business-information to be handled in accordance with its regulations, which are no longer the same as those described in Part 1017. While Part 1017 could be revised and made consistent with EPA regulations, we believe that doing so would be a needless repetition of what EPA has already done. Accordingly, we propose to simply remove Part 1017 in its entirety, which would save the Commission about $1,200 a year in charges for printing the Code of Federal Regulations. Part 1017 assigned responsibility within CPSC for handling confidential business information received from EPA. The proposed Federal Register notice would preserve.that responsibility by noting it in a new sentence to be added to the functional description of the Directorate for Epidemiology and Health Sciences in Part 1000.

NOTE: Tbia dociunent has not been reviewed or accepted by the Commissions Date hitid ~+ib C//a/9?

r

Please indicate your vote on the following options. I. Approve the Federal Register notice as drafted. (Signature)

(Date)

II. Approve the Federal Register notice with the following changes (Please Specify) :

(Signature), II.

-

(Date)

Do not approve the Federal Register notice. (Signature)

(Date)

IV.

OTHER

(please specify).

(Signature)

(Date)

Attachment(s)

IBILLING CONSUMER PRODUCT 1000 SAFETY and

CODE

6355-011

COMMISSION

16 CFR Parts Removal AGENCY: ACTION: SUMMARY:

1017 Business Safety Information Commission. Regulations

of Confidential Consumer Final

Product

rule. Product Safety Commission 1017, Procedures Received and for from

The Consumer

("Commission") Safeguarding EPA,

is removing Confidential

16 CFR part Business

Information

because' it is duplicative that DATE: REGISTER]. the Cclmmission [insert

of EPA regulations is obligated date

procedures EFFECTIVE FEDERAL

to follow. in the

date

of publication

ADDRESSES: Safety

Offimce of the Secretary, Washington, DC 20207.

Consumer

Product

Commission,

FOR FURTHER Office

INFOFiMATION

CONTACT:

Joseph Consumer

F. Rosenthal, Safety

of. the General Washington,

Counsel, D.C.

Product

Commission, SUPPLEMENTARY internal

20207,

telephone 1017

301-504-0980. sets forth

INFORMATION:

16 CFR part

procedures that

for handling

confidential receives Agency. from

business time to time sets

information from forth

the Commission Protection

the Environmental internal

'It also

procedures

for handling Product

chemical Safety

formulation

information obtained

that

the Consumer product

Commission in 1975.

from

consumer

manufacturers in part 1 1017

The procedures

described

for handling

EPA

information

are now obsolete. must follow

Moreover,

the procedures

that

the Commission business mandates.

in order

to obtain

confidential that EPA itself EPA as a

information These

from EPA are procedures include an annual

procedures

certification condition

of individual access

Commission

employees

of their

to EPA confidential

business

information. The procedures Federal Commission sees no value in replicating those of

in its own volume

of regulations

in the Code formulation destroyed in the part

Regulation.

L,ikewise, the chemical since been

information there

obtaineld in 1975 has to acquire

and

are no plans

such

information is removing

future.

Accordingly,

the Commission

1017

in its entirety. The indicate Commission that is also amending 16 CFR 1000.27 and received with the from to

the responsibility confidential described Directorate business in 16 CFR

for handling information 1017,

safeguarding EPA, formerly

remains

Commission's Sciences. Since management, public

for Epidemiology

and Health

this

rule

relates

solely

to internal notice

agency and other

pursuant

to 5 U.S.C.

553(b), and

procedures upon

are not required publication

it is effective REGISTER. in the and, thus, is

immediately Further, Regulatory

in the FEDERAL

this

action

is not a rule Act,

as defined 601-612,

Flexibility

5 U.S.C. 2

exempt have
List

from

the provisions

of the Act. *

This

action

will

no effect
of Subjects

on the environment.
in 16 CFR Part1000

Organization
List of Subjects

and
in 16

functions
CFR Part

(Government
1017

Agencies).

Business information,

and

ind-ustry, chemicals, measures. stated

confidential

business

security

For the reason Title 16 of the Code

in the preamble, Regulations

Chapter

II, as

'of Federal

is amended

follows:
Part

.
ORGANIZATION AND FUNCTIONS

lOOO--COMMISSION 1.

The authority follows:

citation

for part

1000 continues

to

read

as

AUTHORITY: 2. Section new sentence managing received accordance

5 [J.S.C. 552(a). 1000.27 is amended by adding the following for

at the e:nd: "The Directorate confidential

is responsible

and safeguarlding

business

information in

from the Environmental with the r'equirements

Protection of that

Agency agency."

3

Part

1017--[REMOVED] authority of 5 U.S.C. 301, part 1017 is removed and

1. Under reserved.

Sadye

E. Dunn,

Secretary, Consumer Product Safety Ccmmission

4