[Federal Register Volume 68, Number 172 (Friday, September 5, 2003)]
[Notices]
[Pages 52766-52767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22643]


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ENVIRONMENTAL PROTECTION AGENCY

[OEI-2003-0003; FRL-7553-6]


Agency Information Collection Activities; Submission to OMB for 
Review and Approval; Comment Request; Confidentiality Rules, EPA ICR 
Number 1665.06, OMB Control Number 2020-0003

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 an Information Collection 
Request (ICR) has been forwarded to the Office of Management and Budget 
(OMB) for review and approval. This is a request to renew an existing 
approved collection. The current ICR is scheduled to expire on 
September 30, 2003. Under OMB regulations, EPA may continue to conduct 
or sponsor the collection of information while this submission is 
pending at OMB. This renewal notice describes the nature of the 
information collection and its estimated burden and cost.

DATES: Additional comments may be submitted on or before October 6, 
2003.

ADDRESSES: Submit your comments, referencing docket ID number OEI-2003-
0003, to (1) 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, and (2) OMB at: Office of Information and 
Regulatory Affairs, Office of Management and Budget (OMB), Attention: 
Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Jeffrey Kohn, Collection Strategies 
Division, Office of Information Collection (2822T), Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone number: (202) 566-1407; fax number: (202) 566-1639; e-mail 
address: [email protected].

SUPPLEMENTARY INFORMATION: EPA has submitted this renewal ICR to OMB 
for review and approval according to the procedures prescribed in 5 CFR 
1320.12. On April 10, 2003 (68 FR 17631), EPA sought comments on this 
renewal ICR pursuant to 5 CFR 1320.8(d). EPA has received and addressed 
comments from one organization.
    EPA has established a public docket for this renewal ICR under 
Docket ID No. 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 and fax numbers for the OEI 
Docket are (202) 566-1752 and (202) 566-1753, respectively. An 
electronic version of the public docket is available through EPA 
Dockets (EDOCKET) at http://www.epa.gov/edocket. Use EDOCKET to 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 renewal ICR should be submitted to EPA 
and OMB within 30 days of this notice. 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, 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.
    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 in 40 CFR are listed in 40 CFR part 9 and are identified on 
the form and/or instrument, if applicable.
    Title: Confidentiality Rules (OMB Control No. 2020-0003; EPA ICR 
No. 1665.06), expiring September 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 to be confidential business information 
(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 the 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

[[Page 52767]]

comments (i.e., a substantiation). EPA then considers the business's 
comments in determining whether the previously submitted information 
should be protected as CBI. This renewal 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 is made up of two 
separate sample letters that address different factual situations: 
Sample Letter A, which requests a substantiation in response to a FOIA 
request, and Sample Letter B, which requests a substantiation in 
support of Agency rulemaking or litigation, in the case of an advance 
confidentiality determination, or for any other Agency purpose. 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 to 
respond to inquiries contained in the proposed letter is the same as 
the burden to respond to inquiries contained in the current Request for 
Substantiation letter.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 
approximately 5 hours per response. 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 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.
    The total annual hour and cost burden for all substantiations is as 
follows:
    Respondents/Affected Entities: Business and other for profit 
organizations.
    Estimated Number of Respondents: 1101.
    Frequency of Response: On occasion.
    Estimated Total Annual Hour Burden: 6,521 hours.
    Estimated Total Annual Capital and Operations and Maintenance Cost: 
$0.
    Changes in the Estimates: These estimates show an increase of 
approximately 89 hours and $27,973 in the total estimated burden from 
the figures currently identified in the OMB Inventory of Approved ICR 
Burdens. The increase in the burden hour estimate results from an 
adjustment to incorporate 0.20 hours per substantiation request for an 
attorney to review the request. The increase in cost burden results 
from this small increase in the hour estimate and from updated hourly 
wages for private industry and Agency employees.

    Dated: August 12, 2003.
Andrew Battin,
Director, Collection Services Division.
[FR Doc. 03-22643 Filed 9-4-03; 8:45 am]
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