Proposed Information Collection Request; Comment Request; Renewal of Existing Information Collection Request for Confidential Business Information Substantiation, 3910-3911 [2020-01109]

Download as PDF jbell on DSKJLSW7X2PROD with NOTICES 3910 Federal Register / Vol. 85, No. 15 / Thursday, January 23, 2020 / Notices brief comments up to 6,000 characters, without prior registration, using the eComment system at https:// www.ferc.gov/docs-filing/ ecomment.asp. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support at FERCOnlineSupport@ferc.gov, (866) 208–3676 (toll free), or (202) 502–8659 (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426. The first page of any filing should include docket number P–2165–024. Comments emailed to Commission staff are not considered part of the Commission record. The Commission’s Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person whose name appears on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. k. Description of Request: Alabama Power Company proposes to permit Mallard Point Marina to install a new boat docking pier to accommodate 40 watercraft. A marina has existed at this location for decades but the marina layout has changed over time. The marina was previously approved to construct a 150-foot pier to accommodate 40 watercraft, but now instead proposes to construct a 239-foot pier at the same location. The marina would be located across from a sandbar (exposed especially during the winter drawdown) identified by the Alabama Marine Patrol and would require Alabama Power Company to make an exception from its Non-Commercial Guidelines due to the length of the pier. l. Locations of the Application: A copy of the application is available for inspection and reproduction at the Commission’s Public Reference Room, located at 888 First Street NE, Room 2A, Washington, DC 20426, or by calling (202) 502–8371. This filing may also be viewed on the Commission’s website at https://www.ferc.gov using the eLibrary link. Enter the docket number excluding the last three digits in the docket number field to access the document. You may also register online at https:// www.ferc.gov/docs-filing/ esubscription.asp to be notified via email of new filings and issuances related to this or other pending projects. For assistance, call 1–866–208–3676 or VerDate Sep<11>2014 17:13 Jan 22, 2020 Jkt 250001 email FERCOnlineSupport@ferc.gov, for TTY, call (202) 502–8659. A copy is also available for inspection and reproduction at the address in item (h) above. Agencies may obtain copies of the application directly from the applicant. m. Individuals desiring to be included on the Commission’s mailing list should so indicate by writing to the Secretary of the Commission. n. Comments, Protests, or Motions to Intervene: Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214, respectively. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission’s Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. o. Filing and Service of Documents: Any filing must (1) bear in all capital letters the title COMMENTS, PROTEST, or MOTION TO INTERVENE as applicable; (2) set forth in the heading the name of the applicant and the project number of the application to which the filing responds; (3) furnish the name, address, and telephone number of the person commenting, protesting or intervening; and (4) otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, motions to intervene, or protests must set forth their evidentiary basis. Any filing made by an intervenor must be accompanied by proof of service on all persons listed in the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 385.2010. Dated: January 16, 2020. Nathaniel J. Davis, Sr., Deputy Secretary. [FR Doc. 2020–01101 Filed 1–22–20; 8:45 am] BILLING CODE 6717–01–P PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OGC–2020–0020; FRL–10004–65– OGC] Proposed Information Collection Request; Comment Request; Renewal of Existing Information Collection Request for Confidential Business Information Substantiation Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), ‘‘Renewal of Existing Information Collection Request for Confidential Business Information Substantiation’’ (EPA ICR No. 1665.14, OMB Control No. 2020–003) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. Before doing so, EPA is soliciting public comments on specific aspects of the proposed information collection as described below. This is a proposed extension of the ICR, which is currently approved through May 31, 2020. 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. DATES: Comments must be submitted on or before March 23, 2020. ADDRESSES: Submit your comments, referencing Docket ID No. EPA–HQ– OGC–2020–0020, online using www.regulations.gov (our preferred method), by email to hq.foia@epa.gov, or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460. EPA’s policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be confidential business information (CBI) or other information whose disclosure is restricted by statute. FOR FURTHER INFORMATION CONTACT: Christopher T. Creech, National FOIA Office, (2310A), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: 202–564–4286; email address: creech.christopher@ epa.gov. SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail the information that the EPA will be collecting are available in the public SUMMARY: E:\FR\FM\23JAN1.SGM 23JAN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 15 / Thursday, January 23, 2020 / Notices docket for this ICR. The docket can be viewed online at www.regulations.gov or in person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone number for the Docket Center is 202–566–1744. For additional information about EPA’s public docket, visit https://www.epa.gov/dockets. Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting 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 in completing CBI determinations; (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. 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. At that time, EPA will issue another Federal Register notice to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB. Abstract: The U.S. Environmental Protection Agency (EPA) established the requirements set forth in 40 CFR, part 2, subpart B, ‘‘Confidentiality of Business Information.’’ The requirements govern business confidentiality claims. The requirements include the handling by the Agency of business information which is or may be entitled to confidential treatment, requiring business submitters to substantiate CBI claims, determining whether such information is entitled to confidential treatment for reasons of business confidentiality, and responding to Freedom of Information Act (FOIA) requests pursuant to 5 U.S.C. 552 for information claimed as CBI. Form Numbers: None. Respondents/affected entities: Respondents include any business submitting information to EPA that it claims as CBI. EPA receives such information from both the manufacturing (SIC codes 20–39) and non-manufacturing sectors (no SIC codes identified). VerDate Sep<11>2014 17:13 Jan 22, 2020 Jkt 250001 Respondent’s obligation to respond: Voluntary and mandatory. Estimated number of respondents: 198 (total). Frequency of response: 1 response per respondent annually. Total estimated burden: 752.4 hours (per year). Burden is defined at 5 CFR 1320.03(b). Total estimated cost: $169,290 (per year), includes $0 annualized capital or operation & maintenance costs. Changes in Estimates: The revised requests for substantiation will decrease the estimated burden hours for each response, although it increases the total estimated respondent burden compared with the ICR currently approved by OMB. The decrease is 2 hours for each business response; the increase is based on an expected higher response rate under the new form, producing an increase from 488 hours to 752.4 hours total. These changes are due to the removal of a question that required a company to describe, with specificity, the ‘‘substantial competitive harm’’ that would occur as a direct result of disclosing the information. EPA modified its substantiation questions as a result of the U.S. Supreme Court’s decision in Food Marketing Institute v. Argus Leader Media (Argus), 139 S. Ct. 2356 (2019), which evaluated the definition of ‘‘confidential’’ as used in Exemption 4 of the Freedom of Information Act (FOIA). 5 U.S.C. 552(b)(4). In the Argus decision, the Court held that at least where ‘‘[1] commercial or financial information is both customarily and actually treated as private by its owner and [2] provided to the government under an assurance of privacy, the information is ‘confidential’ within the meaning of Exemption 4.’’ Argus, 139 S. Ct. at 2366. EPA has reduced burdens to business submitters by removing the requirement to explain with specificity whatever ‘‘substantial competitive harm’’ a submitter claims would ensue from release of each CBI claim. The evaluation of ‘‘substantial competitive harm’’ had required businesses to analyze and describe the potential impacts of release. EPA has replaced that question with modified questions that require a factual description of the submitter’s handling and treatment of the CBI-claimed information, as well as a description of any assurances provided by EPA at the time of submission. This replacement will reduce the burden on companies since evaluation and analysis of ‘‘substantial competitive harm’’ is no longer required. Further, EPA reframed preexisting questions to solicit ‘‘yes’’ or ‘‘no’’ responses, which further reduces burdens on submitters. These PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 3911 modifications will result in greater clarity to business submitters and improved responses as the Agency completes its confidentiality determinations. The Agency anticipates that this lower burden on each response will increase the response rate from 21% in the prior analysis to 66% in the present analysis. EPA has already experienced an increase in response rate as a result of the Supreme Court’s decision and expects this change to continue under the new form. EPA also made other adjustments in its analysis including adjustments in the hourly costs for both the Agency and responding companies as well as removing a category of burden that was not relevant to EPA’s information request. Dated: January 15, 2020. Timothy R. Epp, Associate General Counsel. [FR Doc. 2020–01109 Filed 1–22–20; 8:45 am] BILLING CODE 6560–50–P FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION Sunshine Act Notice 10:00 a.m., Thursday, February 13, 2020. TIME AND DATE: The Richard V. Backley Hearing Room, Room 511N, 1331 Pennsylvania Avenue NW, Washington, DC 20004 (enter from F Street entrance). PLACE: STATUS: Open. The Commission will consider and act upon the following in open session: Secretary of Labor v. M-Class Mining, LLC, Docket No. LAKE 2018–0188–R. (Issues include whether the Judge erred in ruling that a section 103(k) safety order was validly issued and was not an abuse of discretion.) Any person attending this meeting who requires special accessibility features and/or auxiliary aids, such as sign language interpreters, must inform the Commission in advance of those needs. Subject to 29 CFR 2706.150(a)(3) and 2706.160(d). MATTERS TO BE CONSIDERED: CONTACT PERSON FOR MORE INFORMATION: Emogene Johnson (202) 434–9935/(202) 708–9300 for TDD Relay/1–800–877– 8339 for toll free. Phone Number for Listening to Meeting: 1 (866) 236–7472. Passcode: 678–100. Authority: 5 U.S.C. 552b. E:\FR\FM\23JAN1.SGM 23JAN1

Agencies

[Federal Register Volume 85, Number 15 (Thursday, January 23, 2020)]
[Notices]
[Pages 3910-3911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01109]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2020-0020; FRL-10004-65-OGC]


Proposed Information Collection Request; Comment Request; Renewal 
of Existing Information Collection Request for Confidential Business 
Information Substantiation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is planning to 
submit an information collection request (ICR), ``Renewal of Existing 
Information Collection Request for Confidential Business Information 
Substantiation'' (EPA ICR No. 1665.14, OMB Control No. 2020-003) to the 
Office of Management and Budget (OMB) for review and approval in 
accordance with the Paperwork Reduction Act. Before doing so, EPA is 
soliciting public comments on specific aspects of the proposed 
information collection as described below. This is a proposed extension 
of the ICR, which is currently approved through May 31, 2020. 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.

DATES: Comments must be submitted on or before March 23, 2020.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OGC-
2020-0020, online using www.regulations.gov (our preferred method), by 
email to [email protected], or by mail to: EPA Docket Center, 
Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania 
Ave. NW, Washington, DC 20460.
    EPA's policy is that all comments received will be included in the 
public docket without change including any personal information 
provided, unless the comment includes profanity, threats, information 
claimed to be confidential business information (CBI) or other 
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Christopher T. Creech, National FOIA 
Office, (2310A), Environmental Protection Agency, 1200 Pennsylvania 
Ave. NW, Washington, DC 20460; telephone number: 202-564-4286; email 
address: [email protected].

SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail 
the information that the EPA will be collecting are available in the 
public

[[Page 3911]]

docket for this ICR. The docket can be viewed online at 
www.regulations.gov or in person at the EPA Docket Center, WJC West, 
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone 
number for the Docket Center is 202-566-1744. For additional 
information about EPA's public docket, visit https://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting 
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 in completing CBI 
determinations; (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. 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. At that time, EPA will issue 
another Federal Register notice to announce the submission of the ICR 
to OMB and the opportunity to submit additional comments to OMB.
    Abstract: The U.S. Environmental Protection Agency (EPA) 
established the requirements set forth in 40 CFR, part 2, subpart B, 
``Confidentiality of Business Information.'' The requirements govern 
business confidentiality claims. The requirements include the handling 
by the Agency of business information which is or may be entitled to 
confidential treatment, requiring business submitters to substantiate 
CBI claims, determining whether such information is entitled to 
confidential treatment for reasons of business confidentiality, and 
responding to Freedom of Information Act (FOIA) requests pursuant to 5 
U.S.C. 552 for information claimed as CBI.
    Form Numbers: None.
    Respondents/affected entities: Respondents include any business 
submitting information to EPA that it claims as CBI. EPA receives such 
information from both the manufacturing (SIC codes 20-39) and non-
manufacturing sectors (no SIC codes identified).
    Respondent's obligation to respond: Voluntary and mandatory.
    Estimated number of respondents: 198 (total).
    Frequency of response: 1 response per respondent annually.
    Total estimated burden: 752.4 hours (per year). Burden is defined 
at 5 CFR 1320.03(b).
    Total estimated cost: $169,290 (per year), includes $0 annualized 
capital or operation & maintenance costs.
    Changes in Estimates: The revised requests for substantiation will 
decrease the estimated burden hours for each response, although it 
increases the total estimated respondent burden compared with the ICR 
currently approved by OMB. The decrease is 2 hours for each business 
response; the increase is based on an expected higher response rate 
under the new form, producing an increase from 488 hours to 752.4 hours 
total. These changes are due to the removal of a question that required 
a company to describe, with specificity, the ``substantial competitive 
harm'' that would occur as a direct result of disclosing the 
information. EPA modified its substantiation questions as a result of 
the U.S. Supreme Court's decision in Food Marketing Institute v. Argus 
Leader Media (Argus), 139 S. Ct. 2356 (2019), which evaluated the 
definition of ``confidential'' as used in Exemption 4 of the Freedom of 
Information Act (FOIA). 5 U.S.C. 552(b)(4). In the Argus decision, the 
Court held that at least where ``[1] commercial or financial 
information is both customarily and actually treated as private by its 
owner and [2] provided to the government under an assurance of privacy, 
the information is `confidential' within the meaning of Exemption 4.'' 
Argus, 139 S. Ct. at 2366. EPA has reduced burdens to business 
submitters by removing the requirement to explain with specificity 
whatever ``substantial competitive harm'' a submitter claims would 
ensue from release of each CBI claim. The evaluation of ``substantial 
competitive harm'' had required businesses to analyze and describe the 
potential impacts of release. EPA has replaced that question with 
modified questions that require a factual description of the 
submitter's handling and treatment of the CBI-claimed information, as 
well as a description of any assurances provided by EPA at the time of 
submission. This replacement will reduce the burden on companies since 
evaluation and analysis of ``substantial competitive harm'' is no 
longer required. Further, EPA reframed preexisting questions to solicit 
``yes'' or ``no'' responses, which further reduces burdens on 
submitters. These modifications will result in greater clarity to 
business submitters and improved responses as the Agency completes its 
confidentiality determinations. The Agency anticipates that this lower 
burden on each response will increase the response rate from 21% in the 
prior analysis to 66% in the present analysis. EPA has already 
experienced an increase in response rate as a result of the Supreme 
Court's decision and expects this change to continue under the new 
form. EPA also made other adjustments in its analysis including 
adjustments in the hourly costs for both the Agency and responding 
companies as well as removing a category of burden that was not 
relevant to EPA's information request.

    Dated: January 15, 2020.
Timothy R. Epp,
Associate General Counsel.
[FR Doc. 2020-01109 Filed 1-22-20; 8:45 am]
 BILLING CODE 6560-50-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.