[Federal Register Volume 74, Number 168 (Tuesday, September 1, 2009)]
[Notices]
[Pages 45198-45200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21120]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OEI-2009-0678; FRL-8951-9]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Confidentiality Rules (Renewal); EPA ICR No. 1665.09, 
OMB Control No. 2020-0003

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (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). This ICR is scheduled to 
expire on February 28, 2010. 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 November 2, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OEI-2009-0678, by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: [email protected].
     Fax: 202-566-9744.
     Mail: Office of Environmental Information Docket (OEI), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Mail 
code: 28221T, Washington, DC 20460.
     Hand Delivery: 1301 Constitution Ave., NW., Room 3334, 
Washington, DC 20460. Such deliveries are only accepted during the 
Docket's normal hours of operation, and special arrangements should be 
made for deliveries of boxed information.

[[Page 45199]]

    Instructions: Direct your comments to Docket ID No. EPA-HQ-OEI-
2009-0678. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://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 http://www.regulations.gov or e-mail. The http://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 e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail 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 and with any 
disk or CD-ROM you submit. 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 http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Larry F. Gottesman, National Freedom 
of Information Act Officer, Collection Strategies Division, Office of 
Information Collection, Environmental Protection Agency, Mailcode 
2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone 
number: 202-566-2162; fax number: 202-566-2147; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION: 

How Can I Access the Docket and/or Submit Comments?

    EPA has established a public docket for this ICR under Docket ID 
No. EPA-HQ-OEI-2009-0678, or in person viewing at the OEI Docket in the 
EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution 
Ave., NW., Washington, DC. The EPA/DC 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.
    Use http://www.regulations.gov to obtain a copy of the draft 
collection of information, submit or view public comments, access the 
index listing of the contents of the 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 in this document.

What Information Is EPA Particularly Interested in?

    Pursuant to section 3506(c) (2) (A) of the PRA, EPA specifically 
solicits comments and information to enable it 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. In particular, EPA is requesting comments from 
very small businesses (those that employ less than 25) on examples of 
specific additional efforts that EPA could make to reduce the paperwork 
burden for very small businesses affected by this collection.

What Should I Consider When I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible and provide specific 
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified 
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket 
ID number assigned to this action in the subject line on the first page 
of your response. You may also provide the name, date, and Federal 
Register citation.

What Information Collection Activity or ICR Does This Apply to?

    Affected entities: Entities potentially affected by this action are 
businesses or other for-profit entities.
    Title: Confidentiality Rules (Renewal).
    ICR numbers: EPA ICR No. 1665.09, OMB Control No. 2020-0003.
    ICR status: This ICR is currently scheduled to expire on February 
28, 2010. 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 title 40 of the CFR, after appearing in the Federal 
Register when approved, are listed in 40 CFR part 9, are displayed 
either by publication in the Federal Register or by other appropriate 
means, such as on the related collection instrument or form, if 
applicable. The display of OMB control numbers in certain EPA 
regulations is consolidated in 40 CFR part 9.
    Abstract: In the course of administering environmental protection 
statutes, EPA collects data from thousands of facilities in many 
sectors of the U.S. economy. In many cases, industry marks the data it 
submits to EPA as CBI. In addition, businesses submit information to 
EPA without the Agency requesting the information. 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 in advance confidentiality determination, it shall 
notify the effected business and provides an opportunity to comment 
(i.e., to submit a substantiation of confidentiality claim). This ICR 
relates to the collection of information that will assist EPA in 
determining whether previously submitted information is entitled to 
confidential treatment.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is

[[Page 45200]]

estimated to average 14 hours to prepare and submit each substantiation 
or 6,302 hours. In addition, EPA utilizes the services of contractors/
subcontractors under the authority of 40 CFR part 2, subpart B, all 
contractors/subcontractors who may be given access to confidential 
business information must first sign confidentiality agreements state 
that they will honor the terms of the contract/subcontract which 
requires the protection of CBI. The annual total burden for signing and 
maintaining the agreements would be 130.3 hours. 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; adjusting the existing ways to comply with any previously 
applicable instructions and requirements which have subsequently 
changed; training personnel to be able to respond to a collection of 
information; searching data sources; completing and reviewing the 
collection of information; and transmitting or otherwise disclosing the 
information. The ICR provides a detailed explanation of the Agency's 
estimate, which is only briefly summarized here:
    Estimated total number of potential respondents: 1,330.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent: 1.
    Estimated total annual burden hours: 6,521 hours.
    Estimated total annual costs: $212,185.24. This includes an 
estimated burden cost of $0 for capital investment or maintenance and 
operational costs.

Are There Changes in the Estimates From the Last Approval?

    No.

What Is the Next Step in the Process for This ICR?

    EPA will consider the comments received and amend the ICR as 
appropriate. The final ICR package will then be submitted to OMB for 
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will 
issue another Federal Register notice pursuant to 5 CFR 1320.5(a) (1) 
(iv) to announce the submission of the ICR to OMB and the opportunity 
to submit comments to OMB. If you have any questions about this ICR or 
the approval process, please contact the technical person listed under 
FOR FURTHER INFORMATION CONTACT.

    Dated: August 26, 2009.
John Moses,
Division Director, Collection Strategies Division.
[FR Doc. E9-21120 Filed 8-31-09; 8:45 am]
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