[Federal Register Volume 68, Number 69 (Thursday, April 10, 2003)]
[Notices]
[Pages 17631-17633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-8827]


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ENVIRONMENTAL PROTECTION AGENCY

[OEI-2003-0003, FRL-7479-7]


Agency Information Collection Activities: Continuing Collection; 
Comment Request; Confidentiality Rules

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 document announces that EPA is planning to submit the 
following continuing Information Collection Request (ICR) to the Office 
of Management and Budget (OMB): Confidentiality Rules, EPA ICR No. 
1665.06, OMB Control No. 2020-0003, expiration date September 30, 2003. 
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 June 9, 2003.

ADDRESSES: Follow the detailed instructions in SUPPLEMENTARY 
INFORMATION.

FOR FURTHER INFORMATION CONTACT: Alan D. Margolis, Collection Stategies 
Division, Office of Information Collection (2822T), Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone number: 202-566-1644; fax number: 202-566-1639; e-mail 
address: [email protected].

SUPPLEMENTARY INFORMATION: EPA has established a public docket for this 
ICR under Docket ID number OEI-2003-0003, which is available for public 
viewing at the OEI Docket in the EPA Docket Center (EPA/DC), EPA West, 
Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket 
Center 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 
Reading Room is (202) 566-1744, and the telephone number for the OEI 
Docket is (202) 566-1752; FAX (202) 566-1753. An electronic version of 
the public docket is available through EPA Dockets (EDOCKET) at http://www.epa.gov/edocket. Use EDOCKET to obtain a copy of the draft 
collection of information, submit or view public comments, access the 
index listing of the contents of the public docket, and to access those 
documents in the public docket that are available electronically. Once 
in the system, select ``search,'' then key in the docket ID number 
identified above.
    Any comments related to this ICR should be submitted to EPA within 
60 days of this notice, and according to the following detailed 
instructions: submit your comments to EPA online using EDOCKET (our 
preferred method), by e-mail to [email protected], or by mail to: EPA 
Docket Center, Environmental Protection Agency, OEI Docket, (28221T), 
1200 Pennsylvania Ave., NW., Washington, DC 20460.
    EPA's policy is that public comments, whether submitted 
electronically or in paper, will be made available for public viewing 
in EDOCKET as EPA receives them and without change, unless the comment 
contains copyrighted material, confidential business information (CBI), 
or other information whose public disclosure is restricted by statute. 
When EPA identifies a comment containing copyrighted material, EPA will 
provide a reference to that material in the version of the comment that 
is placed in EDOCKET. The entire printed comment, including the 
copyrighted material, will be available in the public docket. Although 
identified as an item in the official docket, information claimed as 
CBI, or whose disclosure is otherwise restricted by statute, is not 
included in the official public docket, and will not be available for 
public viewing in EDOCKET. For further information about the electronic 
docket, see EPA's Federal Register notice describing the electronic 
docket at 67 FR 38102 (May 31, 2002), or go to http://www.epa.gov/edocket.
    Affected entities: Entities potentially affected by this action are 
those who characterize the information they provide to EPA as CBI.

[[Page 17632]]

    Title: Confidentiality Rules, OMB Control Number 2020-0003; EPA ICR 
Number 1665.06, expiring 9/30/2003.
    Abstract: EPA administers a number of environmental protection 
statutes (e.g., the Clean Water Act; the Clean Air Act; the Toxic 
Substances Control Act; the Resource Conservation and Recovery Act; and 
the Comprehensive Environmental Response, Compensation, and Liability 
Act), under which the Agency collects information from thousands of 
facilities in many economic sectors. In addition, businesses submit 
information to EPA without the Agency requesting it. The information 
addresses topics such as toxic chemicals, industrial processes, waste 
streams, and regulatory compliance. In many cases, businesses that 
submit information claim it as CBI. EPA established the procedures 
described in 40 CFR part 2, subparts A and B, to protect the 
confidentiality of information as well as the rights of the public to 
obtain access to information under the Freedom of Information Act 
(FOIA). In accordance with these regulations, when EPA finds it 
necessary to make a final confidentiality determination (e.g., in 
response to a FOIA request or in the course of rulemaking or 
litigation) or an advance confidentiality determination, it notifies 
the affected business by sending a letter requesting substantiation of 
the confidentiality claim. This letter provides the affected business 
with an opportunity to submit comments (i.e., a substantiation). This 
ICR relates to the collection of information that will assist EPA in 
determining whether previously submitted information is entitled to 
confidential treatment.
    EPA is proposing to use an updated Request for Substantiation 
letter (``proposed letter''). The proposed letter consists of two 
samples to address separate factual situations: Sample Letter A and 
Sample Letter B. The use of two letters is a clarification of existing 
EPA procedures. Some of the information requested differs slightly from 
the current Request for Substantiation letter, concerning the possible 
voluntary nature of the submission and the issue of substantial 
competitive harm, and takes into account the vast amount of information 
now available electronically. Nevertheless, EPA estimates that the 
overall burden is the same. The proposed letter would apply to any 
context where a final confidentiality determination is needed, either 
in response to FOIA requests or in other situations (e.g., where EPA is 
making information public to support rulemakings), or in the case of an 
advance confidentiality determination.
    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.
    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.
    Current Burden Statement: EPA estimates that in response to the 
procedures outlined in 40 CFR part 2, subpart B, the Agency would 
notify 543 businesses annually and provide them with an opportunity to 
submit comments explaining why previously submitted information should 
be treated as confidential. Of the 543 businesses, EPA estimates that 
approximately 443 industries would respond by submitting 
substantiations. The Agency estimates that it takes industry 
approximately 14 hours and $464.43 in labor costs to prepare and submit 
each substantiation; or a total of 6,202 hours at a cost of $205,742.49 
in labor for all 443 substantiations. For those 100 businesses that do 
not submit substantiations, they are still likely to spend 
approximately 1 hour at a cost of $32.04 in labor to review EPA's 
notice, examine the information in question, and make a decision not to 
respond; or a total of 100 hours at a cost of $3,204.00 in labor costs 
for reviewing and deciding not to respond in 100 cases. The total 
burden on industry to review and, if desired, respond to 543 EPA 
substantiation requests is 6,302 hours at a cost of $208,946.49 in 
labor.
    In addition, when EPA utilizes the services of contractors/
subcontractors under the authority of 40 CFR part 2, subpart B, all 
contractor/subcontractor employees who may be given access to 
confidential information must first sign confidentiality agreements 
stating that they will honor the terms of the contract/subcontract 
which requires the protection of CBI. Contractor/ subcontractor 
businesses must maintain a file of all such agreements. EPA estimates 
that there are about 129 contractor/subcontractor businesses that 
handle CBI in connection with their work for EPA each year. These 129 
contractor/subcontractor businesses together have a total of 
approximately 658 employees who must sign confidentiality agreements 
each year. Each employee would need approximately 0.1 hour to review 
and sign an agreement, at a cost of $3.34 in labor; employees' review 
and signature of all agreements would require approximately 65.8 hours 
at a cost of $2,197.72 in labor per year. In addition, each 
subcontractor/contractor business would need approximately 0.5 hour at 
a cost of $8.07 in labor per year to maintain a file of employee 
confidentiality agreements; the 129 contractor/subcontractor businesses 
together would require a total of 64.5 hours at a labor cost of 
$1,041.03 to maintain a file of confidentiality agreements. The total 
burden for signing and maintaining confidentiality agreements would 
thus be 130.3 hours at a cost of $3,238.75.
    The overall burden for handling confidentiality claims--including 
the substantiation process and the signing and maintaining of 
confidentiality agreements--would be 6,432.3 hours at a total labor 
cost of $212,185.24 per year. EPA estimates that no capital costs or 
operation and maintenance costs would be incurred as a result of this 
information collection.
    EPA is soliciting the following additional information to assist in 
its assessment of the Agency's burden statement:
    1. How many substantiation requests do you receive from EPA per 
year? How many CBI substantiations do you submit per year in response?
    2. What is the average number, type, and level of staff involved in 
preparing a substantiation of CBI claims?
    3. What is the average number of hours per staff type and level 
required to prepare a substantiation of CBI claims? How does this hour 
estimate breakdown by the following activities:
    a. Read/review EPA's substantiation request.
    b. Review information claimed confidential.
    c. Prepare substantiation.
    4. What is the average wage per hour for each staff type and level 
involved in preparing substantiations?

[[Page 17633]]

    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or 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 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: April 2, 2003.
Mark Luttner,
Director, Office of Information Collection.
[FR Doc. 03-8827 Filed 4-9-03; 8:45 am]
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