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[Federal Register: September 28, 2010 (Volume 75, Number 187)]
[Notices]               
[Page 59708-59710]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28se10-67]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OEI-2010-0746; FRL-9207-5; EPA ICR No. 1665.10, OMB Control No. 
2020-0003]

 
Agency Information Collection Activities; Proposed Collection; 
Comment Request; Confidentiality Rules (Renewal)

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 a request to renew an existing approved Information Collection 
Request (ICR) to the Office of Management and Budget (OMB). This ICR is 
scheduled to expire on December 31, 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 29, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OEI-2010-0746, 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: 202-566-0224.
     Mail: EPA Docket Center, Office of Environmental 
Information Docket, Mail Code 28221T, 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460.
     Hand Delivery: EPA Docket Center, Public Reading Room, EPA 
West Building, Room 3334, 1301 Constitution Avenue, NW., Washington, DC 
20004. Hours of operation: 8:30 a.m.-4:30 p.m., Monday-Friday (except 
Federal Holidays). The telephone number for the Reading Room is 202-
566-1744.
     Instructions: Direct your comments to Docket ID No. EPA-
HQ-OEI-2010-0746.
    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://[[Page 59709]]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, 1200 
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 202-
566-2162; 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-2010-0746, 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. 1665.10, OMB Control No. 2020-0003.
    ICR status: This ICR is currently scheduled to expire on December 
31, 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 ``business'' in many sectors of the 
U.S. economy. In many cases, ``business'' marks the data it submits to 
EPA as confidential business information (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), a resubstantiation of a 
prior claim, or an advance confidentiality determination, it shall 
notify the affected business and provide an opportunity to comment 
(i.e., to submit a substantiation of confidentiality claims). 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 estimated to average 4 
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; 
adjusting

[[Page 59710]]

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: 1,650.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent: 1.
    Estimated total annual burden hours: 2,412.30 hours.
    Estimated total annual costs: $109,922.45. 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?

    There is a decrease of 6,063 hours in the total estimated 
respondent burden compared with that identified in the ICR currently 
approved by OMB. This change is predicated upon estimates that were 
received from the requester community on the actual burden in 
responding to these requests.

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: September 21, 2010.
John Moses,
Director, Collection Strategies Division.
[FR Doc. 2010-24292 Filed 9-27-10; 8:45 am]
BILLING CODE 6560-50-P
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