Proposed Rule for Elimination of Special Treatment for Category of Confidential Business Information

Forms and Documents

Document Name	Status

No forms / supporting documents in this ICR. Check IC Document Collections.

IC Document Collections

IC ID	Document Title	Status
23485	Proposed Rule for Elimination of Special Treatment for Category of Confidential Business Information Form	Migrated

ICR Details

OMB Control No: 2020-0003	ICR Reference No: 200008-2020-001
Status: Historical Inactive	Previous ICR Reference No: 200007-2020-001
Agency/Subagency: EPA/OECA	Agency Tracking No:
Title: Proposed Rule for Elimination of Special Treatment for Category of Confidential Business Information
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 09/26/2000
	Date Received in OIRA: 08/28/2000
Terms of Clearance: The revisions to this ICR associated with the proposed rule to remove the automatic CBI status of substantiation material are not approved. It is not clear that the new reporting requirements minimize to the extent practicable and appropriate the burden on persons providing information, as required by 5 CFR 1320.9(c). In the ICR for the final rule, the agency` should review the reporting and record keeping requirements to ensure that this provision is satisfied.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2003	09/30/2003	10/31/2003
Responses	1,101	0	1,101
Time Burden (Hours)	6,432	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: Under EPA's current regulations, when EPA received comments from a business explaining why previously-submitted information should be entitled to confidential treatment (i.e., substatiation), EPA automatically protects those comments as confidential. The proposed rule would eliminate the automatic protection of CBI substantiations, so that they would be treated in the same manner as other information that is claimed as CBI. Under the proposed rule, if EPA needed to determine the confidentially of a substan- tiation (e.g., in response to a FOIA request), it would make an initial determination, notify the affected business and ...

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Authorizing Statute(s): None

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Proposed Rule for Elimination of Special Treatment for Category of Confidential Business Information	1665.04

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Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 08/28/2000

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