[Federal Register: October 7, 2008 (Volume 73, Number 195)]
[Notices]               
[Page 58580-58582]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07oc08-64]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2007-0982; FRL-8726-1]

 
Agency Information Collection Activities; Proposed Collection; 
Comment Request; Environmental and Economic Effects of Environmental 
Conflict Resolution at EPA; EPA ICR No. 2306.01, OMB Control No. 2090-
NEW

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 for a new Information Collection Request (ICR) to the 
Office of Management and Budget (OMB). 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 December 8, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2007-0982 by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: oei.docket@epa.gov.
     Fax: (202) 566-9744.
     Mail: EPA Docket Center (EPA/DC), Environmental Protection 
Agency, Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 
20460.
     Hand Delivery: EPA Docket Center, Environmental Protection 
Agency, Room 3334, 1301 Constitution Ave., NW., Washington, DC. Such 
deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OGC-2007-
0982. 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://
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/
epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: William Hall, 2388A, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone number: (202) 564-0214; fax number: (202) 501-1715; e-mail 
address: hall.william@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-OGC-2007-0982, which is available for online viewing at 
http://www.regulations.gov, or in person viewing at 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 and Docket is 202-566-1744.
    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:

[[Page 58581]]

    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 
individuals who negotiated agreements reached in environmental conflict 
resolution (ECR) cases sponsored by or involving EPA. ECR is third-
party assisted conflict resolution and collaborative problem solving in 
the context of environmental, public lands, or natural resources issues 
or conflicts, including matters related to energy, transportation, and 
land use. Affected entities may also include participants in non-ECR 
cases (i.e., where a third party was not involved) with similar 
characteristics to ECR cases that are selected for comparison. 
Participants in both ECR and non-ECR cases typically represent a wide 
range of interests, including various agencies and levels of 
government, industry, and environmental advocacy groups.
    Title: Environmental and Economic Effects of Environmental Conflict 
Resolution at EPA.
    ICR numbers: EPA ICR No. 2306.01, OMB Control No. 2090-NEW.
    ICR status: This ICR is for a new information collection activity. 
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, and 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: This information collection will enable EPA's Conflict 
Prevention and Resolution Center to evaluate the environmental and 
economic effects of agreements reached through the Agency's 
Environmental Conflict Resolution (ECR) process compared to decisions 
that might have been achieved through other decision-making processes 
(e.g., litigation). ECR is third-party assisted conflict resolution and 
collaborative problem solving in the context of environmental, public 
lands, or natural resources issues or conflicts, including matters 
related to energy, transportation, and land use.
    Information will be collected from representatives of organizations 
that participated in ECR decision-making processes sponsored by or 
involving EPA in a range of environmental cases. For purposes of 
comparison, information will also be collected from representatives of 
organizations that were involved in non-ECR (i.e., without the 
assistance of a third party) decision making processes that otherwise 
have similar characteristics to the ECR cases (e.g., similar 
environmental issues, similar geography). Case participants will 
complete a survey instrument with questions concerning the 
environmental effects, implementation of the agreement or decision 
including resources required, relations with other parties to the 
agreement, reasons for joining an ECR process or participating in a 
non-ECR decision making process, costs of the process, and quality of 
information held by parties when reaching agreement or making the 
decision.
    This information collection will help satisfy the joint OMB and 
President's Council on Environmental Quality (CEQ) Memorandum on ECR 
(November 2005, available at http://www.whitehouse.gov/ceq/joint-
statement.html) that directed agencies, among other things, to 
``recognize and support needed upfront investments in collaborative 
processes and conflict resolution and demonstrate those savings in 
performance and accountability measures to maintain a budget neutral 
environment.'' Data collected will be used to analyze and assess EPA's 
ECR procedures, to ensure program activities are executed and managed 
in a cost-effective manner, and provide information for Agency managers 
and staff to use when deciding whether to use ECR, consistent with the 
principles of the Government Performance Results Act.
    This information collection will be voluntary for all respondents. 
As required by 5 U.S.C. 524(h), the questionnaires for parties in 
dispute resolution proceedings covered by the Administrative Dispute 
Resolution Act of 1996 will be carefully designed and administered to 
ensure that the identity of the parties and the specific issues in 
controversy will remain confidential. The questionnaires for matters 
that did not involve dispute resolution proceedings will allow 
respondents to claim that their responses contain Confidential Business 
Information. The Agency will protect questionnaires subject to CBI 
claims from disclosure to the extent authorized by 2 CFR Subpart B, 
Confidentiality of Business Information.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 0.5 
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; 
adjust the existing ways to comply with any previously applicable 
instructions and requirements which have subsequently changed; 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.
    The ICR provides a detailed explanation of the Agency's estimate, 
which is only briefly summarized here:
    Estimated total number of potential respondents: 300.
    Frequency of response: on occasion.
    Estimated total average number of responses for each respondent: 1.
    Estimated total annual burden hours: 50 hours.
    Estimated total annual costs: $2239.00 This includes an estimated 
burden cost of $2239.00 and an estimated cost of $0 for capital 
investment or maintenance and operational costs.

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

[[Page 58582]]

OMB and the opportunity to submit additional 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 30, 2008.
Patricia K. Hirsch,
Acting General Counsel, Office of General Counsel.
 [FR Doc. E8-23670 Filed 10-6-08; 8:45 am]

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