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###### Environmental Protection Agency

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

# AGENCY:

Environmental Protection Agency (EPA).

# ACTION:

Notice.

# 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: docket.oei@epa.gov .                    
      -  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.                               ( print 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:                         *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-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                           ( print 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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