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Federal Register / Vol. 71, No.

119 / Wednesday, June 21, 2006 / Rules and Regulations 35543

subsistence priority was published on significant adverse effects on Anchorage, Alaska. Stacie Mcintosh,
January 8, 1999 (64 FR 1276.) competition, employment, investment, Alaska State Office, Bureau of Land
productivity, innovation, or the ability Management; Jerry Berg, Alaska
Section 810 of ANILCA
of U.S.-based enterprises to compete Regional Office, U.S. Fish and Wildlife
The intent of all Federal subsistence with foreign-based enterprises. Service; Nancy Swanton, Alaska
regulations is to accord subsistence uses Title VIII of ANILCA requires the Regional Office, National Park Service;
of fish and wildlife on public lands a Secretaries to administer a subsistence Dr. Glenn Chen, Alaska Regional Office,
priority over the taking of fish and preference on public lands. The scope of Bureau of Indian Affairs; and Steve
wildlife on such lands for other this program is limited by definition to Kessler, USDA—Forest Service,
purposes, unless restriction is necessary certain public lands. Likewise, the provided additional guidance.
to conserve healthy fish and wildlife adjustments have no potential takings of
Authority: 16 U.S.C. 3, 472, 551, 668dd,
populations. A Section 810 analysis was private property implications as defined 3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C.
completed as part of the FEIS process. by Executive Order 12630. 1733.
The final Section 810 analysis The Service has determined and
determination appeared in the April 6, certifies under the Unfunded Mandates Dated: June 7, 2006.
1992, ROD, which concluded that the Reform Act, 2 U.S.C. 1502 et seq., that Peter J. Probasco,
Federal Subsistence Management the adjustments will not impose a cost Acting Chair, Federal Subsistence Board.
Program, under Alternative IV with an of $100 million or more in any given Dated: June 7, 2006.
annual process for setting hunting and year on local or State governments or Steve Kessler,
fishing regulations, may have some local private entities. The implementation is Subsistence Program Leader, USDA—Forest
impacts on subsistence uses, but the by Federal agencies, and no cost is Service.
program is not likely to significantly involved to any State or local entities or [FR Doc. 06–5499 Filed 6–20–06; 8:45 am]
restrict subsistence uses. tribal governments. BILLING CODE 3410–11–P; 4310–55–P
The Service has determined that the
Paperwork Reduction Act
adjustments meet the applicable
The adjustment and emergency standards provided in Sections 3(a) and
closures do not contain information ENVIRONMENTAL PROTECTION
3(b)(2) of Executive Order 12988,
collection requirements subject to Office AGENCY
regarding civil justice reform.
of Management and Budget (OMB) In accordance with Executive Order 40 CFR Parts 150, 152, 154, 158, 159,
approval under the Paperwork 13132, the adjustments do not have 168, 170, 172, 174, 178, and 180
Reduction Act of 1995. sufficient federalism implications to
warrant the preparation of a federalism [EPA–HQ–OPP–2006–0403; FRL–8070–7]
Other Requirements
assessment. Title VIII of ANILCA
The adjustments have been exempted precludes the State from exercising Technical Amendments; Change of
from OMB review under Executive subsistence management authority over Address for the Office of Pesticide
Order 12866. fish and wildlife resources on federal Programs
The Regulatory Flexibility Act of 1980 lands. Cooperative salmon run AGENCY: Environmental Protection
(5 U.S.C. 601 et seq.) requires assessment efforts with ADF&G will Agency (EPA).
preparation of flexibility analyses for continue.
rules that will have a significant effect ACTION: Final rule.
In accordance with the President’s
on a substantial number of small memorandum of April 29, 1994, SUMMARY: EPA’s Office of Pesticide
entities, which include small ‘‘Government-to-Government Relations Programs (OPP) has relocated to new
businesses, organizations, or with Native American Tribal offices in Arlington, VA. OPP’s official
governmental jurisdictions. The exact Governments’’ (59 FR 22951), Executive mailing address has not changed;
number of businesses and the amount of Order 13175, and 512 DM 2, we have however, the courier and in-person
trade that will result from this Federal evaluated possible effects on federally delivery address, the docket address,
land-related activity is unknown. The recognized Indian tribes and have and the internal mail codes used by OPP
aggregate effect is an insignificant determined that there are no effects. The have changed. EPA is revising
economic effect (both positive and Bureau of Indian Affairs is a references throughout its pesticide
negative) on a small number of small participating agency in this rulemaking. regulations to reflect these address
entities supporting subsistence On May 18, 2001, the President issued changes.
activities, such as boat, fishing gear, and Executive Order 13211 on regulations
gasoline dealers. The number of small that significantly affect energy supply, DATES: This final rule is effective on
entities affected is unknown; however, distribution, or use. This Executive June 21, 2006.
the effects will be seasonally and Order requires agencies to prepare ADDRESSES: EPA has established a
geographically limited in nature and Statements of Energy Effects when docket for this action under docket
will likely not be significant. The undertaking certain actions. As these identification (ID) number EPA–HQ–
Departments certify that the adjustments actions are not expected to significantly OPP–2006–0403. All documents in the
will not have a significant economic affect energy supply, distribution, or docket are listed in the regulations.gov
effect on a substantial number of small use, they are not significant energy website. Although listed in the index,
entities within the meaning of the actions and no Statement of Energy some information is not publicly
Regulatory Flexibility Act. Under the Effects is required. available, e.g., Confidential Business
Small Business Regulatory Enforcement Information (CBI) or other information
Fairness Act (5 U.S.C. 801 et seq.), this Drafting Information whose disclosure is restricted by statute.
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rule is not a major rule. It does not have Bill Knauer drafted this document Certain other material, such as
an effect on the economy of $100 under the guidance of Peter J. Probasco, copyrighted material, is not placed on
million or more, will not cause a major of the Office of Subsistence the Internet and will be publicly
increase in costs or prices for Management, Alaska Regional Office, available only in hard copy form.
consumers, and does not have U.S. Fish and Wildlife Service, Publicly available docket materials are

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35544 Federal Register / Vol. 71, No. 119 / Wednesday, June 21, 2006 / Rules and Regulations

available in the electronic docket at announced in the Federal Register of that this constitutes good cause under 5
http://www.regulations.gov, or, if only April 19, 2006 (71 FR 20089) (FRL– U.S.C. 553(b)(3)(B).
available in hard copy, at the OPP 8065–6). Detailed information on how to
III. Statutory and Executive Order
Regulatory Public Docket in Rm. S– contact OPP at the new location was
Reviews
4400, One Potomac Yard (South Bldg.), recently provided to the public in
2777 S. Crystal Dr., Arlington, VA Pesticide Registration (PR) Notice 2006– This final rule implements technical
22202. The Docket Facility is open from 1 (April 12, 2006). PR Notice 2006–1 amendments to 40 CFR chapter I,
8:30 a.m. to 4 p.m., Monday through contains the mail codes which are to be subchapter E, to reflect the new OPP
Friday, excluding legal holidays. The used with submissions to OPP and is address. It does not otherwise impose or
telephone number for the Docket available on the Agency’s website at amend any requirements. As such, the
Facility is (703) 305–5805. http://www.epa.gov/PR_Notices/pr2006- Office of Management and Budget
FOR FURTHER INFORMATION CONTACT: 1.pdf. (OMB) has determined that a technical
Kathryn Boyle, Field and External The Agency is now amending its amendment is not a ‘‘significant
Affairs Division (7506P), Office of pesticide regulations in parts 150–189 of regulatory action’’ subject to review by
Pesticide Programs, Environmental the Code of Federal Regulations (CFR) to OMB under Executive Order 12866,
Protection Agency, 1200 Pennsylvania change the manner in which the entitled Regulatory Planning and
Ave., NW., Washington, DC 20460– addresses are referenced. Currently, Review (58 FR 51735, October 4, 1993).
0001; telephone number: (703) 305– there are over 20 references in 40 CFR Because this rule has been exempted
6304; fax number: (703) 305–5884; e- parts 150–189 to either an address or from review under Executive Order
mail address: boyle.kathryn@epa.gov. docket location. Rather than maintain 12866 due to its lack of significance,
SUPPLEMENTARY INFORMATION: and have to update multiple address this rule is not subject to Executive
references, the Agency is creating a new Order 13211, Actions Concerning
I. General Information § 150.17 to contain the U.S. Postal Regulations That Significantly Affect
A. Does this Action Apply to Me? Service mailing address, the address for Energy Supply, Distribution, or Use (66
hand/courier delivery, and the location FR 28355, May 22, 2001). This final rule
You may be potentially affected by of the OPP Regulatory Public Docket. does not contain any information
this action if you submit applications or This means that individual addresses collections subject to OMB approval
other pesticide related information to scattered throughout the CFR are being under the Paperwork Reduction Act
OPP. Potentially affected entities may replaced by a reference to § 150.17. (PRA), 44 U.S.C. 3501 et seq., or impose
include, but are not limited to: any enforceable duty or contain any
• Pesticide manufacturing (NAICS B. What is the Agency’s Authority for unfunded mandate as described under
code 32532). Taking this Action? Title II of the Unfunded Mandates
This listing is not intended to be EPA is issuing this document under Reform Act of 1995 (UMRA) (Public
exhaustive, but rather provides a guide its general rulemaking authority, Law 104–4). Nor does it require any
for readers regarding entities likely to be Reorganization Plan No. 3 of 1970 (5 special considerations under Executive
affected by this action. Other types of U.S.C. App.). Order 12898, entitled Federal Actions to
entities not listed in this unit could also Address Environmental Justice in
be affected. The North American C. Why is EPA Issuing this as a Final Minority Populations and Low-Income
Industrial Classification System Rule? Populations (59 FR 7629, February 16,
(NAICS) codes have been provided to Section 553 of the Administrative 1994); or OMB review or any Agency
assist you and others in determining Procedure Act (APA), 5 U.S.C. action under Executive Order 13045,
whether this action might apply to 553(b)(3)(A), provides that an agency entitled Protection of Children from
certain entities. If you have any may issue rules of agency organization, Environmental Health Risks and Safety
questions regarding the applicability of procedure, and practice without first Risks (62 FR 19885, April 23, 1997).
this action to a particular entity, consult giving notice. This address change This action does not involve any
the person listed under FOR FURTHER regulation qualifies as a rule of technical standards that require the
INFORMATION CONTACT. organization, procedure, or practice. Agency’s consideration of voluntary
B. How Can I Access Electronic Copies Additionally, section 553 of the APA, consensus standards pursuant to section
of this Document? 5 U.S.C. 553(b)(3)(B), provides that, 12(d) of the National Technology
when an agency for good cause finds Transfer and Advancement Act of 1995
In addition to accessing an electronic that notice and public procedure are (NTTAA), Public Law 104–113, section
copy of this Federal Register document impracticable, unnecessary or contrary 12(d) (15 U.S.C. 272 note).
through the electronic docket at http:// to the public interest, the agency may Since this action is not subject to
www.regulations.gov, you may access issue a rule without providing notice notice-and-comment requirements
this Federal Register document and an opportunity for public comment. under the APA or any other statute, this
electronically through the EPA Internet EPA has determined that there is good action is not subject to the requirements
under the ‘‘Federal Register’’ listings at cause for making this rule final without of the Regulatory Flexibility Act (RFA)
http://www.epa.gov/fedrgstr. You may prior proposal and opportunity for (5 U.S.C. 601 et seq.). In addition, the
also access a frequently updated comment because the actions taken in Agency has determined that this action
electronic version of 40 CFR parts 150, this final rule represent technical will not have a substantial direct effect
152, 154, 158, 159, 168, 170, 172, 174, amendments to the regulations and do on States, on the relationship between
178, and 180 through the Government not involve substantive Agency action. the national government and the States,
Printing Office’s pilot e-CFR site at Moreover, maintaining incorrect or on the distribution of power and
http://www.gpoaccess.gov/ecfr. information on how to submit responsibilities among the various
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II. Background documents to the Agency may have levels of government, as specified in
legal consequences, and may increase Executive Order 13132, entitled
A. What Action is the Agency Taking? costs to the regulated industry. Federalism (64 FR 43255, August 10,
OPP has relocated to new offices in For these reasons, notice and public 1999). The Agency has determined that
Arlington, VA. This move was procedure are unnecessary. EPA finds this rule does not have any substantial

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Federal Register / Vol. 71, No. 119 / Wednesday, June 21, 2006 / Rules and Regulations 35545

direct effects on one or more Indian PART 150—GENERAL (1) A request for a waiver must be
tribes, on the relationship between the submitted in writing at the time the
Federal Government and the Indian Authority: Reorganization Plan No. 3 of application is submitted to the Office of
tribes, or on the distribution of power 1970 (5 U.S.C. App.). Pesticide Programs’ Document
and responsibilities between the Federal Processing Desk at the appropriate
§ 150.17 Addresses for applications and
Government and Indian tribes as correspondence.
address as set forth in 40 CFR 150.17(a)
described in Executive Order 13175, or (b).
The official addresses for all
entitled Consultation and Coordination (2) * * * Since the actual fee is
submissions directed to the Office of
with Indian Tribal Governments (65 FR submitted to an address different than
Pesticide Programs (OPP) of the
67249, November 6, 2000). Thus, Environmental Protection Agency are as the one to which the waiver request is
Executive Order 13132 and 13175 do follows: submitted, a copy of the payment
not apply to this rule. (a) United States Postal Service document must be submitted with the
mailing address. Office of Pesticide waiver request that is submitted to the
IV. Congressional Review Act
Programs, Environmental Protection Office of Pesticide Programs’ Document
Yes. The Congressional Review Act Agency, 1200 Pennsylvania Ave., NW., Processing Desk as described in
(CRA) (5 U.S.C. 801 et seq.) generally Washington DC 20460–0001. paragraph (a)(1) of this section. * * *
provides that before a rule may take (b) Hand/courier delivery address. * * * * *
effect, the agency promulgating the rule Office of Pesticide Programs,
must submit a rule report, which Environmental Protection Agency, 2777 PART 154—[AMENDED]
includes a copy of the rule, to each S. Crystal Dr., Arlington, VA 22202–
House of the Congress and to the 4501. ■ 6. The authority citation for part 154
Comptroller General of the United (c) OPP Regulatory Public Docket continues to read as follows:
States. Section 808 of CRA allows the address. OPP Regulatory Public Docket Authority: 15 U.S.C. 136a, d, and w.
issuing agency to make a rule effective is physically located in Rm. S–4400,
One Potomac Yard (South Bldg.), 2777 ■ 7. In § 154.15, revise paragraph
sooner than otherwise provided by the (f)(1)(ii) to read as follows:
CRA, if the agency makes a good cause S. Crystal Dr., Arlington, VA 22202–
finding that notice and public procedure 4501. This is not a mailing address. § 154.15 Docket for the Special Review.
is impracticable, unnecessary, or * * * * *
PART 152—[AMENDED]
contrary to the public interest. This (f) * * *
determination must be supported by a ■ 2. The authority citation for part 152 (1) * * *
brief statement (5 U.S.C. 808(2)). As continues to read as follows:
stated previously, EPA has made such a (ii) The docket and index will be
Authority: 7 U.S.C. 136–136y; Subpart U is available at the OPP Regulatory Public
good cause finding, including the also issued under 31 U.S.C. 9701.
reasons therefore, and established an Docket located as set forth in 40 CFR
■ 3. In § 152.25, revise paragraph (f)(2) 150.17(c).
effective date of June 21, 2006. EPA will
to read as follows: * * * * *
submit a report containing this rule and
other required information to the U.S. § 152.25 Exemptions for pesticides of a
Senate, the U.S. House of character not requiring FIFRA regulation. PART 158—[AMENDED]
Representatives, and the Comptroller * * * * *
General of the United States prior to (f) * * * ■ 8. The authority citation for part 158
publication of the rule in the Federal (2) Permitted inerts. A pesticide continues to read as follows:
Register. This action is not a ‘‘major product exempt under paragraph (f)(1) Authority: 7 U.S.C. 136–136y.
rule’’ as defined by 5 U.S.C. 804(2). of this section may only include inert ■ 9. In § 158.45, revise paragraph (d) to
ingredients listed in the most current read as follows:
List of Subjects in 40 CFR Parts 150, List 4A. This list is updated
152, 154, 158, 159, 168, 170, 172, 174, periodically. The most current list may § 158.45 Waivers.
178, 180 be obtained by contacting the * * * * *
Registration Division at the appropriate (d) Availability of waiver decisions.
Environmental protection, address as set forth in 40 CFR 150.17(a) Agency decisions under this section
Administrative practice and procedure, or (b). granting waiver requests will be
Advertising, Agricultural commodities, * * * * * available to the public at the OPP
Confidential business information,
■ 4. Section152.55 is revised to read as Regulatory Public Docket located as set
Exports, Food additives,
follows: forth in 40 CFR 150.17(c). Any person
Intergovernmental relations, Labeling,
may obtain a copy of any waiver
Occupational safety and health, § 152.55 Where to send applications and decision by written request in the
Pesticides and pests, Reporting and correspondence.
manner set forth in 40 CFR part 2.
recordkeeping requirements, Research. Applications and correspondence
relating to registration should be sent to PART 159—[AMENDED]
Dated: June 12, 2006. the Office of Pesticide Programs’
Susan B. Hazen, Document Processing Desk at the ■ 10. The authority citation for part 159
Acting Assistant Administrator, Office of appropriate address as set forth in 40 continues to read as follows:
Prevention, Pesticides and Toxic Substances. CFR 150.17(a) or (b).
Authority: 7 U.S.C. 136–136y.
■ 5. In § 152.414, revise paragraph (a)(1)
■ Therefore, 40 CFR chapter I is
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and the fourth sentence in (a)(2) to read ■ 11. In § 159.156, remove paragraphs
amended as follows: (a) and (b), redesignate paragraphs (c)
as follows:
■ 1. Part 150, consisting of § 150.17, is through (k) as paragraphs (a) through (i),
added to subchapter E to read as § 152.414 Procedures. and revise the section’s introductory
follows: (a) * * * text to read as follows:

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35546 Federal Register / Vol. 71, No. 119 / Wednesday, June 21, 2006 / Rules and Regulations

§ 159.156 How information must be 40 CFR 150.17(a) or (b), Attention: address as set forth in 40 CFR 150.17(a)
submitted. Purchaser Acknowledgement Statement. or (b).
A submission under FIFRA section * * * * * * * * * *
6(a)(2) must be delivered to the Office (F) * * * The annual summary shall ■ 20. In § 172.46, revise paragraph (b) to
of Pesticide Programs’ Document be sent to the Office of Pesticide read as follows:
Processing Desk at the appropriate Programs’ Document Processing Desk at
address as set forth in 40 CFR 150.17(a) the appropriate address as set forth in § 172.46 Submission of a notification.
or (b). 40 CFR 150.17(a) or (b), Attention: * * * * *
* * * * * Annual Summary of Exports. (b) Where to submit a notification. A
* * * * * notification shall be submitted to the
PART 168—[AMENDED] Office of Pesticide Programs’ Document
PART 170—[AMENDED] Processing Desk at the appropriate
■ 12. The authority citation for part 168
address as set forth in 40 CFR 150.17(a)
continues to read as follows:
■ 15. The authority citation for part 170 or (b), Attention: Biotechnology
Authority: 7 U.S.C. 136–136y. continues to read as follows: Notification Review.
■ 13. In § 168.65, revise the last Authority: 7 U.S.C. 136w. * * * * *
sentence in the parenthetical in ■ 21. In § 172.52, revise paragraph (b)(2)
paragraph (b)(1)(iii)(A)(2)(i) and the ■ 16. In § 170.112, revise the
introductory text of paragraph (e)(1) to to read as follows:
parenthetical in paragraph
(b)(1)(iii)(A)(2)(iii) to read as follows: read as follows: § 172.52 Notification exemption process.
§ 168.65 Pesticide export label and § 170.112 Entry restrictions. * * * * *
labeling requirements. * * * * * (b) * * *
* * * * * (2) Where to submit a petition. All
(e) * * *
(b) * * * petitions shall be submitted to the
(1) Exception requiring agency Office of Pesticide Programs’ Document
(1) * * * approval. A request for an exception
(iii) * * * Processing Desk at the appropriate
must be submitted to the Office of address as set forth in 40 CFR 150.17(a)
(A) * * * Pesticide Programs’ Document
(2) * * * or (b).
Processing Desk at the appropriate
(i) * * * The classification of inerts * * * * *
address as set forth in 40 CFR 150.17(a)
is explained in EPA’s Policy Statement or (b) and must be accompanied by two
on Inert Ingredients in Pesticide PART 174—[AMENDED]
copies of the following information:
Products, which can be obtained at the ■ 22. The authority citation for part 174
* * * * *
OPP Regulatory Public Docket located continues to read as follows:
as set forth in 40 CFR 150.17(c). PART 172—[AMENDED]
Authority: 7 U.S.C. 136–136y; 21 U.S.C.
* * * * * 346a and 371.
(iii) * * * (See ‘‘Food Fragrances in ■ 17. The authority citation for part 172
Pesticide Formulations,’’ EPA’s Office of continues to read as follows: ■ 23. In § 174.71, revise paragraph (d) to
Pesticide Programs Policy and Criteria read as follows:
Authority: 7 U.S.C. 136c, 136w. Section
Notice number 2155.1, November 20, 172.4 is also issued under 31 U.S.C. 9701. § 174.71 Submission of information
1975, which can be obtained at the OPP regarding adverse effects.
Regulatory Public Docket located as set ■ 18. In § 172.3, revise the fourth
sentence of paragraph (d) to read as * * * * *
forth in 40 CFR 150.17(c).) (d) Reports and questions should be
follows:
* * * * * submitted to the Office of Pesticide
■ 14. In § 168.75, revise the last § 172.3 Scope of requirement. Programs’ Document Processing Desk at
sentence in paragraph (c)(2)(i)(D), * * * * * the appropriate address as set forth in
paragraph (c)(2)(ii)(D), and paragraph (d) * * * Persons intending to 40 CFR 150.17(a) or (b).
(c)(2)(ii)(F) to read as follows: conduct tests who are uncertain
whether the testing may be conducted PART 178—[AMENDED]
§ 168.75 Procedures for exporting
unregistered pesticides—purchaser without a permit may submit a request ■ 24. The authority citation for part 178
acknowledgement statements. for determination to the Office of continues to read as follows:
* * * * * Pesticide Programs’ Document
Processing Desk at the appropriate Authority: 21 U.S.C. 346a, 371(a); Reorg.
(c) * * * Plan No. 3 of 1970.
(2) * * * address as set forth in 40 CFR 150.17(a)
or (b). * * * ■ 25. In § 178.25, revise paragraphs (b)
(i) * * * (1) and (b)(2) to read as follows:
(D) * * * This information must be * * * * *
transmitted to the Office of Pesticide ■ 19. In § 172.4, revise paragraph (a) to § 178.25 Form and manner of submission
Programs’ Document Processing Desk at read as follows: of objections.
the appropriate address as set forth in * * * * *
40 CFR 150.17(a) or (b), Attention: § 172.4 Applications. (b) * * *
Purchaser Acknowledgement Statement. (a) Time for submission. An (1) Mailed submissions should be
* * * * * application or request for amendment to addressed to: Office of the Hearing Clerk
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(ii) * * * an existing permit shall be submitted as (1900L), Environmental Protection


(D) * * * This information must be far as possible in advance of the Agency, 1200 Pennsylvania Ave., NW.,
transmitted to the Office of Pesticide intended date of shipment or use to the Washington, DC 20460–0001.
Programs’ Document Processing Desk at Office of Pesticide Programs’ Document (2) For hand/courier delivery the
the appropriate address as set forth in Processing Desk at the appropriate Office of the Hearing Clerk is located at

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Federal Register / Vol. 71, No. 119 / Wednesday, June 21, 2006 / Rules and Regulations 35547

Suite 350, 1099 14th St., NW., comments, EPA will publish a timely Docket: EPA has established a docket
Washington, DC 20005. withdrawal notice in the Federal for this action under Docket ID No.
Register indicating that this direct final EPA–R01–RCRA–2006–0391. All
PART 180—[AMENDED] rule has been withdrawn due to adverse documents in the docket are listed on
comment. the www.regulations.gov web site.
■ 26. The authority citation for part 180 Although listed in the index, some
ADDRESSES: Submit your comments,
continues to read as follows: information may not be publicly
identified by Docket ID No. EPA–R01–
Authority: 21 U.S.C. 321(q), 346a and 371. RCRA–2006–0391, by one of the available, e.g., CBI or other information
■ 27. In § 180.33, revise the second following methods: whose disclosure is restricted by statute.
sentence of paragraph (l) and the fourth • www.regulations.gov: Follow the Certain other material, such as
sentence of paragraph (m) to read as on-line instructions for submitting copyrighted material, is not placed on
follows: comments. the Internet and will be publicly
• E-mail: biscaia.robin@epa.gov. available only in hard copy form.
§ 180.33 Fees. Publicly available docket materials are
• Mail: Robin Biscaia, Hazardous
* * * * * Waste Unit, Office of Ecosystems available either electronically through
(l) * * * A request for waiver or Protection, EPA Region I, One Congress www.regulations.gov or in hard copy at
refund of a fee shall be submitted to the Street, Suite 1100 (Mail Code: CHW), the EPA New England Library, One
Office of Pesticide Programs’ Document Boston, MA 02114–2023. Congress Street—11th Floor, Boston,
Processing Desk at the appropriate • Hand Delivery: Robin Biscaia, MA 02114–2023, business hours
address as set forth in 40 CFR 150.17(a) Hazardous Waste Unit, Office of Monday through Thursday 10 a.m. to 3
or (b). * * * Ecosystems Protection, EPA Region I, p.m., telephone: (617) 918–1990.
(m) * * * The actual letter or One Congress Street, Suite 1100 (Mail Records in these dockets are available
petition, along with supporting data, Code: CHW), Boston, MA 02114–2023. for inspection and copying during
shall be forwarded within 30 days of Such deliveries are only accepted normal business hours.
payment to the Office of Pesticide during the EPA’s normal hours of FOR FURTHER INFORMATION CONTACT:
Programs’ Document Processing Desk at operation, and special arrangements Robin Biscaia, Hazardous Waste Unit,
the appropriate address as set forth in should be made for deliveries of boxed EPA New England, One Congress Street,
40 CFR 150.17(a) or (b). * * * information. Suite 1100 (Mail Code: CHW), Boston,
* * * * * Instructions: Direct your comments to MA 02114–2023, telephone: (617) 918–
[FR Doc. E6–9750 Filed 6–20–06; 8:45 am] Docket ID No. EPA–R01–RCRA–2006– 1642, e-mail: biscaia.robin@epa.gov.
BILLING CODE 6560–50–S
0391. EPA’s policy is that all comments SUPPLEMENTARY INFORMATION:
received will be included in the public
docket without change and may be I. Background
ENVIRONMENTAL PROTECTION made available online at Previously, on October 21, 2003, the
AGENCY www.regulations.gov, including any EPA proposed an extension of the
personal information provided, unless original expiration date of the Labs XL
40 CFR Part 262 the comment includes information Project. EPA received no negative public
claimed to be Confidential Business comments in response to the proposal,
[EPA–R01–RCRA–2006–0391; FRL–8186–3]
Information (CBI) or other information and published a final rule on March 12,
Extension of Site-Specific Regulations whose disclosure is restricted by statute. 2004. EPA is again extending the
for University Laboratories XL Project Do not submit information that you expiration date, this time as a direct
consider to be CBI or otherwise final rule, without prior proposal,
AGENCY: Environmental Protection protected through www.regulations.gov because the Agency views the extension
Agency (EPA). or e-mail. The www.regulations.gov Web as non-controversial and anticipates no
ACTION: Direct final rule. site is an ‘‘anonymous access’’ system, adverse comments.
which means EPA will not know your Unless the EPA gets written
SUMMARY: The EPA is taking direct final identity or contact information unless comments which oppose this action
action to extend the expiration date of you provide it in the body of your during the comment period, the
the New England University comment. If you send an e-mail decision will take effect as provided
Laboratories XL Project (Labs XL comment directly to EPA without going below. If EPA gets comments that
Project) rule that EPA previously through www.regulations.gov, your e- oppose this action, EPA will withdraw
promulgated under the eXcellence and mail address will be automatically this direct final rule and it will not take
Leadership program (Project XL), captured and included as part of the effect. EPA will then address the public
allowing laboratories at certain comment that is placed in the public comments in a later final rule, but may
universities in Massachusetts and docket and made available on the not provide any further opportunity for
Vermont to follow certain alternative Internet. If you submit an electronic comment beyond what is being
RCRA generator requirements. In this comment, EPA recommends that you provided for in this document. Any
action, EPA is extending the expiration include your name and other contact parties interested in commenting on this
date from September 30, 2006 to a new information in the body of your action should do so during the comment
date of April 15, 2009. EPA is making comment and with any disk or CD–ROM period being provided for in this action.
no further changes to the Labs XL you submit. If EPA cannot read your
Project regulations other than the comment due to technical difficulties A. Why Is the EPA Extending the
change in expiration date. and cannot contact you for clarification, Expiration Date of Its XL Project
Regulations?
sroberts on PROD1PC70 with RULES

DATES: This direct final rule will be EPA may not be able to consider your
effective on August 21, 2006, without comment. Electronic files should avoid As indicated above, EPA is extending
further notice, unless EPA receives the use of special characters, any form the expiration date of September 30,
adverse written comments by July 21, of encryption, and be free of any defects 2006 set forth in 40 CFR 262.108 of the
2006. If EPA receives adverse or viruses. Labs XL Project regulations until April

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