[Federal Register Volume 61, Number 228 (Monday, November 25, 1996)]
[Notices]
[Pages 59884-59885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30039]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5655-1]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; Reinstatement of an Existing ICR; Confidentiality 
Rules. ICR #1662.01

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.), this notice announces that EPA is planning to submit the 
following proposed and/or continuing Information Collection Request 
(ICR) to the Office of Management and Budget (OMB): Confidentiality 
Rules. ICR #1662.01 OMB #2020-0003, expires 1/31/97. Before submitting 
the ICR to OMB for review and approval, EPA is soliciting comments on 
specific aspects of the proposed information collection as described 
below.

DATES: Comments must be submitted on or before January 24, 1997.

ADDRESSES: Office of General Counsel, Finance and Operations Division, 
401 M Street, SW., Washington, DC 20460, Mailstop 2377.

FOR FURTHER INFORMATION CONTACT: Jonathan S. Baker, Assistant General 
Counsel, (202) 260-6542/(202)-260-0020 (fax)/ 
[email protected].

SUPPLEMENTARY INFORMATION:

    Affected entities: Entities potentially affected by this action are 
those who submit to EPA documents claimed as confidential business 
information.
    Title: CONFIDENTIALITY RULES. EPA ICR #1662.01 OMB Control #2020-
0003, expires 1/31/97.
    Abstract: EPA administers a great variety of statutes pertaining to 
the protection of the environment, (e.g., the Toxic Substances Control 
Act, Resource Conservation and Recovery Act, Comprehensive 
Environmental Response, Compensation, and Liability

[[Page 59885]]

Act, Clean Water Act, Federal Water Pollution Control Act, etc.), each 
with differing data collection requirements and differing requirements 
for disclosure of information to the public. The Agency collects 
chemical, process, waste stream, financial, and other data from tens of 
thousands of facilities in many, if not most, sectors of American 
business. Companies frequently consider this information vital to their 
competitive position, and claim the information as confidential 
business information (CBI).
    In the course of its daily business, the Agency often has a need to 
communicate this information in rulemaking to its contractors, in 
response to Freedom of Information Act (FOIA) requests to members of 
the general public, 5 U.S.C. 552, in litigation to various plaintiffs, 
etc. To manage this volume of confidential information while protecting 
both the confidentiality of competitively valuable information and the 
rights of FOIA requestors, EPA instituted in 40 CFR Part 2, Subpart B, 
a set of procedures for handling and disclosing CBI. These procedures 
derive their authority from FOIA, the Trade Secrets Act (18 U.S.C. 
1905), and the confidentiality provisions of the environmental statutes 
that EPA administers.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15. The EPA 
is soliciting comments to:
    (i) Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    (ii) Evaluate the accuracy of the agency's estimate of the burden 
of the proposed collection of information, including the validity of 
the methodology and assumptions used;
    (iii) Enhance the quality, utility, and clarity of the information 
to be collected; and
    (iv) Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses.
    Burden Statement: Based upon EPA's past history of FOIA and other 
requests for information claimed as confidential and other events 
generating requests for confidentiality substantiations, EPA estimates 
that there will be a total of 1008 respondents per year. The annual 
estimated burden for this collection is 9.4 hours per respondent. No 
capital costs are estimated to be incurred by respondents.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, disclose or provide 
information to or for a Federal agency. This includes the time needed 
to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.

    Dated: November 20, 1996.
Ray E. Spears,
Associate General Counsel, Finance and Operations Division.
[FR Doc. 96-30039 Filed 11-22-96; 8:45 am]
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