

[Federal Register: July 17, 2006 (Volume 71, Number 136)]
[Notices]               
[Page 40510-40512]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17jy06-64]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OEI-2006-0515; FRL-8198-1]

 
Agency Information Collection Activities; Proposed Collection; 
Comment Request; Confidentiality Rules (Renewal); EPA ICR No. 1665.07, 
OMB Control No. 2020-0003

AGENCY: Environmental Protection Agency.

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 November 30, 2006. 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 September 15, 2006.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OEI-2006-0515, by one of the following methods:
     http://www.regulations.gov: Follow the on-line instructions for 

submitting comments.
     Email: docket.oei@epa.gov.
     Fax: 202-566-0224.
     Mail: Office of Environmental Information Docket (OEI), 
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460.
     Hand Delivery: 1301 Constitution Ave., NW., Washington, DC 
20460, Room B102. Such deliveries are only accepted during the Docket's 
normal hours of operation, and special arrangements should be made for 
deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OEI-
2006-0515. 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

[[Page 40511]]

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/epahome/dockets.htm.


FOR FURTHER INFORMATION CONTACT: Larry F. Gottesman, National FOIA 
Officer, Collection Strategies Division, Office of Information 
Collection, 2822T, Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460; telephone number: 202-566-2162; fax 
number: 202-566-2147; e-mail address: gottesman.larry@epa.gov.

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-2006-0515, which is available for online viewing at 
http://www.regulations.gov, or in person viewing at the OEI Docket in the EPA 

Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution Ave., 
NW., Washington, DC. The EPA/DC Public Reading Room is open from 8 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. 1665.07, OMB Control No. 2020-0003.
    ICR status: This ICR is currently scheduled to expire on November 
30, 2006. 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.
    Current Burden Statement: The annual public reporting and 
recordkeeping burden for this collection of information is estimated to 
average 14 hours to prepare and submit each substantiation or 6,302 
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,

[[Page 40512]]

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.
    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.
    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: 6,432.3 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: July 8, 2006.
Oscar Morales,
Division Director, Collection Strategies Division, Office of 
Information Collection.
 [FR Doc. E6-11255 Filed 7-14-06; 8:45 am]

BILLING CODE 6560-50-P
