[Federal Register: April 10, 2003 (Volume 68, Number 69)]
[Notices]
[Page 17631-17633]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10ap03-78]
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ENVIRONMENTAL PROTECTION AGENCY
[OEI-2003-0003, FRL-7479-7]
Agency Information Collection Activities: Continuing Collection;
Comment Request; Confidentiality Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: In compliance with the Paperwork Reduction Act (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): Confidentiality Rules, EPA ICR No.
1665.06, OMB Control No. 2020-0003, expiration date September 30, 2003.
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 June 9, 2003.
ADDRESSES: Follow the detailed instructions in SUPPLEMENTARY
INFORMATION.
FOR FURTHER INFORMATION CONTACT: Alan D. Margolis, Collection Stategies
Division, Office of Information Collection (2822T), Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone number: 202-566-1644; fax number: 202-566-1639; e-mail
address: margolis.alan@epa.gov.
SUPPLEMENTARY INFORMATION: EPA has established a public docket for this
ICR under Docket ID number OEI-2003-0003, which is available for public
viewing at the OEI 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 OEI
Docket is (202) 566-1752; FAX (202) 566-1753. 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, submit or 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.
Any comments related to this ICR should be submitted to EPA within
60 days of this notice, and according to the following detailed
instructions: submit your comments to EPA online using EDOCKET (our
preferred method), by e-mail to oei.docket@epa.gov, or by mail to: EPA
Docket Center, Environmental Protection Agency, OEI Docket, (28221T),
1200 Pennsylvania Ave., NW., Washington, DC 20460.
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, will be 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
those who characterize the information they provide to EPA as CBI.
[[Page 17632]]
Title: Confidentiality Rules, OMB Control Number 2020-0003; EPA ICR
Number 1665.06, expiring 9/30/2003.
Abstract: EPA administers a number of environmental protection
statutes (e.g., the Clean Water Act; the Clean Air Act; the Toxic
Substances Control Act; the Resource Conservation and Recovery Act; and
the Comprehensive Environmental Response, Compensation, and Liability
Act), under which the Agency collects information from thousands of
facilities in many economic sectors. In addition, businesses submit
information to EPA without the Agency requesting it. The information
addresses topics such as toxic chemicals, industrial processes, waste
streams, and regulatory compliance. In many cases, businesses that
submit information claim it as CBI. 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 an advance confidentiality determination, it notifies
the affected business by sending a letter requesting substantiation of
the confidentiality claim. This letter provides the affected business
with an opportunity to submit comments (i.e., a substantiation). This
ICR relates to the collection of information that will assist EPA in
determining whether previously submitted information is entitled to
confidential treatment.
EPA is proposing to use an updated Request for Substantiation
letter (``proposed letter''). The proposed letter consists of two
samples to address separate factual situations: Sample Letter A and
Sample Letter B. The use of two letters is a clarification of existing
EPA procedures. Some of the information requested differs slightly from
the current Request for Substantiation letter, concerning the possible
voluntary nature of the submission and the issue of substantial
competitive harm, and takes into account the vast amount of information
now available electronically. Nevertheless, EPA estimates that the
overall burden is the same. The proposed letter would apply to any
context where a final confidentiality determination is needed, either
in response to FOIA requests or in other situations (e.g., where EPA is
making information public to support rulemakings), or in the case of an
advance confidentiality determination.
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 are listed in 40 CFR part 9 and 48 CFR chapter 15.
EPA is soliciting 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.
Current Burden Statement: EPA estimates that in response to the
procedures outlined in 40 CFR part 2, subpart B, the Agency would
notify 543 businesses annually and provide them with an opportunity to
submit comments explaining why previously submitted information should
be treated as confidential. Of the 543 businesses, EPA estimates that
approximately 443 industries would respond by submitting
substantiations. The Agency estimates that it takes industry
approximately 14 hours and $464.43 in labor costs to prepare and submit
each substantiation; or a total of 6,202 hours at a cost of $205,742.49
in labor for all 443 substantiations. For those 100 businesses that do
not submit substantiations, they are still likely to spend
approximately 1 hour at a cost of $32.04 in labor to review EPA's
notice, examine the information in question, and make a decision not to
respond; or a total of 100 hours at a cost of $3,204.00 in labor costs
for reviewing and deciding not to respond in 100 cases. The total
burden on industry to review and, if desired, respond to 543 EPA
substantiation requests is 6,302 hours at a cost of $208,946.49 in
labor.
In addition, when EPA utilizes the services of contractors/
subcontractors under the authority of 40 CFR part 2, subpart B, all
contractor/subcontractor employees who may be given access to
confidential information must first sign confidentiality agreements
stating that they will honor the terms of the contract/subcontract
which requires the protection of CBI. Contractor/ subcontractor
businesses must maintain a file of all such agreements. EPA estimates
that there are about 129 contractor/subcontractor businesses that
handle CBI in connection with their work for EPA each year. These 129
contractor/subcontractor businesses together have a total of
approximately 658 employees who must sign confidentiality agreements
each year. Each employee would need approximately 0.1 hour to review
and sign an agreement, at a cost of $3.34 in labor; employees' review
and signature of all agreements would require approximately 65.8 hours
at a cost of $2,197.72 in labor per year. In addition, each
subcontractor/contractor business would need approximately 0.5 hour at
a cost of $8.07 in labor per year to maintain a file of employee
confidentiality agreements; the 129 contractor/subcontractor businesses
together would require a total of 64.5 hours at a labor cost of
$1,041.03 to maintain a file of confidentiality agreements. The total
burden for signing and maintaining confidentiality agreements would
thus be 130.3 hours at a cost of $3,238.75.
The overall burden for handling confidentiality claims--including
the substantiation process and the signing and maintaining of
confidentiality agreements--would be 6,432.3 hours at a total labor
cost of $212,185.24 per year. EPA estimates that no capital costs or
operation and maintenance costs would be incurred as a result of this
information collection.
EPA is soliciting the following additional information to assist in
its assessment of the Agency's burden statement:
1. How many substantiation requests do you receive from EPA per
year? How many CBI substantiations do you submit per year in response?
2. What is the average number, type, and level of staff involved in
preparing a substantiation of CBI claims?
3. What is the average number of hours per staff type and level
required to prepare a substantiation of CBI claims? How does this hour
estimate breakdown by the following activities:
a. Read/review EPA's substantiation request.
b. Review information claimed confidential.
c. Prepare substantiation.
4. What is the average wage per hour for each staff type and level
involved in preparing substantiations?
[[Page 17633]]
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; adjust the existing ways to
comply with any 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: April 2, 2003.
Mark Luttner,
Director, Office of Information Collection.
[FR Doc. 03-8827 Filed 4-9-03; 8:45 am]
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