66382 Federal Register / Vol. 70, No. 211 / Wednesday, November 2, 2005 / Notices 

28FPA section 301(b), 16 U.S.C. 825b(b); NGA 

section 8(b), 15 U.S.C. 717g(b); NGPA section 

304(a), 15 U.S.C. 3314(a). 

measures taken to remedy the 

misconduct? 

25. As stated earlier, we cannot 

determine in advance how much credit 

is given for self-reporting. It is possible, 

however, that prompt and full selfreporting of violations, coupled with 

steps to correct the adverse impact on 

customers or third parties from the 

misconduct, may result in a significant 

reduction in the amount of civil penalty 

or no civil penalty being assessed. 

Companies should still expect to 

disgorge any unjust profits. 

3. Cooperation 

26. Cooperation may come in any 

context—a company response to a 

Commission inquiry, audit, or 

investigation, or in voluntary selfreporting of misconduct. We expect 

cooperation, as entities subject to our 

jurisdiction are required to provide us 

with information at our request.28 Still, 

we will give some consideration to 

exemplary cooperation, that is, 

cooperation which quickly ends 

wrongful conduct, determines the facts, 

and corrects a problem. Cooperation 

must come very early in the process, 

however, and must be in good faith, 

consistent, and continuing. No credit 

will be given if a company does no more 

than the minimum, or delays 

cooperation, or purports to cooperate 

but actually engages in conduct that 

impedes the Commission’s activities or 

consumes Commission resources 

unnecessarily. The following are 

indicative of cooperation for which 

credit may be given when we determine 

the appropriate penalty to be imposed 

for wrongdoing. Although these factors 

are similar to those described above 

with respect to self-reporting, they 

remain relevant in the context of 

cooperation because, under appropriate 

circumstances, the Commission will 

consider these factors even for entities 

that did not self-report violations, 

provided that cooperation was provided 

once the violation was uncovered. 

• Did the company volunteer to 

provide internal investigation or audit 

reports relating to the misconduct? Did 

the company hire an independent 

outside entity to assist the company’s 

investigation? 

• Did senior management make clear 

to all employees that their cooperation 

has the full support and encouragement 

of management and the directors of the 

company? 

• Did the company facilitate 

Commission access to employees with 

knowledge and information bearing on 

the issue, and actively encourage such 

employees to provide the Commission 

with complete and accurate 

information? 

• Did the company identify culpable 

employees and assist the Commission in 

understanding their conduct? 

• Did the company make records 

readily available, with assistance on 

searching and interpreting information 

in the records? 

• Did the company fairly and 

accurately determine the effects of the 

misconduct, including identifying the 

revenues and profits resulting from the 

misconduct and the customers or 

market participants adversely affected 

by the misconduct? 

27. It is possible for an entity to 

comply with the majority of the stated 

factors in part, but without 

wholeheartedly devoting its resources 

and efforts to cooperation. Likewise, it 

is conceivable for an entity to cooperate 

in certain aspects yet hinder 

enforcement investigation in others. 

Lack of cooperation is a serious matter 

and will be weighed in deciding 

appropriate remedies. Uncooperative 

conduct includes such things as failing 

to respond to data requests in a timely 

manner; failing to produce documents 

and witnesses within a reasonable 

period; misrepresenting the nature or 

extent of the misconduct; claiming that 

records are unavailable when they are; 

limiting staff access to employees; 

inappropriately directing or influencing 

employees or their counsel not to 

cooperate fully or openly with the 

investigation; engaging in obstructive 

conduct during investigative testimony 

or interviews; providing specious 

explanations for instances of 

misconduct that are uncovered; failing 

properly to search computer hard drives 

for documents and electronic images; 

and failing to provide documents in the 

way they are maintained in the normal 

course of business. The manner in 

which a company approaches 

cooperation will be an important factor 

in determining whether, and how much, 

credit may be given for cooperation. 

Conclusion 

28. The factors discussed in this 

Policy Statement provide guidance to 

the industry on the approach we will 

take to future enforcement. It is 

consistent with past Commission 

practice, and with the practices of other 

federal agencies with similar powers. 

Entities subject to the Commission’s 

jurisdiction should expect firm but fair 

enforcement in the future, including the 

use, as appropriate, of the substantial 

new civil penalty authority provided by 

EP Act 2005. 

29. At the same time, entities can take 

steps to improve and ensure compliance 

by their officers, employees, and agents 

with our statutes, orders, rules, and 

regulations. We place a high value on 

internal compliance, self-reporting, and 

cooperation. The credit we will give for 

mitigating factors, including proactive 

steps taken by companies, depends on 

many factors and cannot be reduced to 

a predictable quantity. But where many 

of the positive factors of internal 

compliance, self-reporting, and 

cooperation are present, we will take 

those factors into account in 

determining the appropriate penalties 

for violations. 

By the Commission. 

Magalie R. Salas, 

Secretary. 

[FR Doc. 05–21899 Filed 11–1–05; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[OAR–2005–0118, FRL–7993–3] 

Agency Information Collection 

Request Activities: Renewal of the 

Collection Request for the Outer 

Continental Shelf Air Regulation; EPA 

ICR Number 1601.06, OMB Control 

Number 2060–0249 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.), this document announces 

that EPA has submitted a renewal for a 

continuing Information Collection 

Request (ICR) to the Office of 

Management and Budget (OMB). The 

proposed request was for renewal of an 

existing approved collection which is 

scheduled to expire on October 31, 

2005. Before submitting the ICR to OMB 

for review and approval, EPA solicited 

comments on specific aspects of the 

proposed information collection as 

described below. The EPA received 

comments submitted to the docket from 

the U.S. Department of the Interior 

Minerals Management Service and has 

responded by making certain suggested 

changes and corrections which are 

found in this final document. 

FOR FURTHER INFORMATION CONTACT: 

David Sanders, Ozone Policy and 

Strategies Group, Mail Drop C539–02, 

Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711; telephone number: (919) 541–

Federal Register / Vol. 70, No. 211 / Wednesday, November 2, 2005 / Notices 66383 

3356; fax number: (919) 541–0824 ; email address: sanders.dave@epa.gov. 

SUPPLEMENTARY INFORMATION: The EPA 

has established a public docket for this 

ICR under Docket ID number OAR–

2005–0118, which is available for public 

viewing at the Air and Radiation 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 number for 

the Air and Radiation Docket is (202) 

566–1742. An electronic version of the 

public docket is available through EPA 

Dockets (EDOCKET) at http:// 

www.epa.gov/edocket. Use EDOCKET to 

obtain a copy of the draft collection of 

information, 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. 

The 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, 

Confidential Business Information (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, is 

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. 

Affected entities: Entities potentially 

affected by this action are all outer 

continental shelf sources except those 

located in the Gulf of Mexico west of 

87.5 degrees longitude (near the border 

of Florida and Alabama). For sources 

located within 25 miles of States’

seaward boundaries, the requirements 

are the same as those that would be 

applicable if the source were located in 

the corresponding onshore area (COA). 

In States affected by this rule, State 

boundaries extend three miles from the 

coastline, except off the coast of the 

Florida Panhandle, where the State’s 

boundary extends three leagues (about 

nine miles) from the coastline. 

Title: Outer Continental Shelf Air 

Regulations, EPA ICR Number 1601.06 

and OMB Control Number 2060.0249, 

expiration date: October 31, 2005. 

Abstract: Sources located beyond 25 

miles of States’ boundaries are subject to 

Federal requirements (implemented and 

enforced solely by EPA) for Prevention 

of Significant Deterioration (PSD), New 

Source Performance Standards (NSPS), 

National Emissions Standards for 

Hazardous Air Pollutants Standards 

(NESHAPS), the Federal operating 

permit program, and the enhanced 

compliance and monitoring regulations. 

Before any agency, department, or 

instrumentality of the Federal 

government engages in, supports in any 

way, provides financial assistance for, 

licenses, permits, approves any activity, 

that agency has the affirmative 

responsibility to ensure that such action 

conforms to the State implementation 

plan (SIP) for the attainment and 

maintenance of the national ambient air 

quality standards (NAAQS). An agency 

may not conduct or sponsor, and a 

person is not required to respond to, a 

collection of information request 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 48 

CFR chapter 15. Section 176(c) of the 

Clean Air Act (42 U.S.C. 7401 et seq.) 

requires that all Federal actions conform 

with the SIPs to attain and maintain the 

NAAQS. Depending on the type of 

action, the Federal entities must collect 

information themselves, hire 

consultants to collect the information or 

require applicants/sponsors of the 

Federal action to provide the 

information. 

The type and quantity of information 

required will depend on the 

circumstances surrounding the action. 

First, the entity must make an 

applicability determination. If the 

source is located within 25 miles of the 

State’s seaward boundaries as 

established in the regulations, the 

requirements are the same as those that 

would be applicable if the source were 

located in the COA. State and local air 

pollution control agencies were 

requested to provide information 

concerning regulation of offshore 

sources and were provided 

opportunities to comment on the 

proposed determinations. The public 

also was provided an opportunity to 

comment on the proposed 

determinations. 

The EPA did solicit comments 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. 

Burden Statement 

Total Industry Respondent Burden and 

Costs 

The estimated industry respondent 

burden for total labor hours and costs 

associated with one-time/periodic 

activities are estimated to be 30,575 

hours and $1,654,248, respectively. 

Total labor hours and costs associated 

with annual activities are estimated to 

be 30,244 hours and $1,636,362, 

respectively. Total industry respondent 

costs annualized over the 3-year time 

period are estimated to be $1,636,362 

per year. 

Total State and Local Agency Burden 

and Costs 

The estimated State and local agency 

burden for total labor hours and costs 

associated with one-time/periodic 

activities are estimated to be 3,821 

hours and $206,333, respectively. Total 

labor hours and costs associated with 

annual activities for that time period are 

estimated to be 3,801 hours and 

$205,254, respectively. Total costs 

annualized over the 3-year time period 

are estimated to be $204,102 per year. 

Total EPA Burden and Costs 

The estimated EPA burden for total 

labor hours and costs associated with 

one-time-only activities are estimated to 

be 3,549 hours and $170,359, 

respectively. Total labor hours and costs 

associated with annual activities are 

estimated to be 3,532 hours and 

$169,515, respectively. Total costs 

annualized over the 3-year time period 

are estimated to be $168,672 per year. 

Burden means the total time, effort, or 

financial resources expended by persons 

66384 Federal Register / Vol. 70, No. 211 / Wednesday, November 2, 2005 / Notices 

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. 

Dated: October 26, 2005. 

Mary E. Henigin, 

Acting Director, Office of Air Quality Planning 

and Standards. 

[FR Doc. 05–21926 Filed 11–1–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[OPPT–2003–0004; FRL–7736–7] 

Access to Confidential Business 

Information by the General 

Accountability Office 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA has authorized the 

General Accountability Office (GAO), 

access to information which has been 

submitted to EPA under all sections of 

the Toxic Substances Control Act 

(TSCA) and the Federal, Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA). Some of the information may 

be claimed or determined to be 

Confidential Business Information (CBI). 

DATES: Access to confidential business 

data started on October 1, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Colby Lintner, Regulatory Coordinator, 

Environmental Assistance Division 

(7408M), Office of Pollution Prevention 

and Toxics (OPPT), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460; 

telephone number: (202) 554–1404; email address: TSCA–Hotline@.epa.gov. 

Additional information on the GAO 

request and security issues can be 

obtained from: Erik R. Johnson, Acting 

Information Management Official (IMO) 

and Primary Information Security 

Officer (ISO), Office of Prevention, 

Pesticides and Toxic Substances 

(OPPTS), Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460; telephone 

number: (202) 564–0521; e-mail address: 

Johnson.Erik@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Notice Apply to Me? 

This action is directed to the public 

in general. This action may, however, be 

of interest to those persons who are or 

may be required to comply with laws 

administered by EPA. Since other 

entities may also be interested, the 

Agency has not attempted to describe all 

the specific entities that may be affected 

by this action. If you have any questions 

regarding the applicability of this action 

to a particular entity, consult the person 

listed under FOR FURTHER INFORMATION

CONTACT. 

B. How Can I Get Copies of this 

Document and Other Related 

Documents? 

1. Docket. EPA has established an 

official public docket for this action 

under docket identification (ID) number 

OPPT–2003–0004. The official public 

docket consists of the documents 

specifically referenced in this action, 

any public comments received, and 

other information related to this action. 

Although a part of the official docket, 

the public docket does not include CBI 

or other information whose disclosure is 

restricted by statute. The official public 

docket is the collection of materials that 

is available for public viewing at the 

EPA Docket Center, Rm. B102-Reading 

Room, EPA West, 1301 Constitution 

Ave., NW., Washington, DC. The EPA 

Docket Center is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The EPA 

Docket Center Reading Room telephone 

number is (202) 566–1744 and the 

telephone number for the OPPT Docket, 

which is located in EPA Docket Center, 

is (202) 566–0280. 

2. Electronic access. You may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr/. 

An electronic version of the public 

docket is available through EPA’s 

electronic public docket and comment 

system, EPA Dockets. You may use EPA 

Dockets at http://www.epa.gov/edocket/ 

to submit or view public comments, to 

access the index listing of the contents 

of the official public docket, and to 

access those documents in the public 

docket that are available electronically. 

Although not all docket materials may 

be available electronically, you may still 

access any of the publicly available 

docket materials through the docket 

facility identified in Unit I.B.1. Once in 

the system, select ‘‘search,’’ then key in 

the appropriate docket ID number. 

II. What Action is the Agency Taking? 

On August 16, 2005, in accordance 

with 40 CFR 2.209, the Comptroller 

General of the GAO requested access to 

information collected through the 

authority of TSCA and FIFRA. Some of 

this information has been treated as CBI. 

GAO needs this information in 

connection with its review of EPA’s risk 

assessment processes. EPA has granted 

GAO access to these materials effective 

October 1, 2005. 

EPA is issuing this notice to inform 

all submitters of information under all 

sections of TSCA and FIFRA, that the 

Agency has provided GAO access to 

these CBI materials on a need-to-know 

basis only. All access to TSCA and 

FIFRA CBI under this arrangement, 

takes place at EPA Headquarters, and 

GAO Headquarters located at 441 G St., 

NW., Washington, DC 20548. 

Clearance for access to TSCA and 

FIFRA CBI under this arrangement may 

continue until May of 2006. Access 

started on October 1, 2005. 

GAO personnel have signed nondisclosure agreements and were briefed 

on appropriate security procedures 

before they were permitted access to the 

CBI. 

List of Subjects 

Environmental protection, 

Confidential business information. 

Dated: October 18, 2005. 

Susan B. Hazen, 

Assistant Administrator, Office of Prevention, 

Pesticides, and Toxic Substances. 

[FR Doc. 05–21839 Filed 11–1–05; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[OPP–2005–0263; FRL–7742–9] 

MCPB Risk Assessment, Notice of 

Availability 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces the 

availability of EPA’s risk assessments 

and related documents for the phenoxy 

herbicide, MCPB (4-(2-methyl-4- 

chlorophenoxy) butyric acid), and opens 

a public comment period on these 

documents. The public is encouraged to 

suggest ideas or proposals to address the 

risks identified. EPA is developing a 

Reregistration Eligibility Decision (RED) 

for MCPB through a modified, 4–Phase