14056 Federal Register / Vol. 72, No. 57 / Monday, March 26, 2007 / Proposed Rules 

268 (48 U.S.C. 1681 note); sec. 2, Pub. L. 99–

643, 100 Stat. 3574 (42 U.S.C. 1382h note). 

2. Section 416.201 is amended by 

removing the definition of ‘‘Medical 

care facility’’ and adding a definition of 

‘‘Medical treatment facility’’ in 

alphabetical order to read as follows: 

§ 416.201 General definitions and terms 

used in this subpart. 

* * * * * 

Medical treatment facility means an 

institution or that part of an institution 

that is licensed or otherwise approved 

by a Federal, State, or local government 

to provide inpatient medical care and 

services. 

* * * * * 

§§ 416.201 and 416.211 [Amended] 

3. In 20 CFR part 416, subpart B, 

remove the words ‘‘medical facility’’

and ‘‘medical care facility’’ each time 

they appear and add in their place the 

words ‘‘medical treatment facility’’ in 

the following places: 

a. Section 416.201 in the definitions 

of ‘‘Medical care facility’’ and ‘‘Public 

emergency shelter for the homeless’’; 

and 

b. Section 416.211(b) and (c)(5)(iv). 

4. Section 416.212 is amended by 

revising the introductory text in 

paragraph (b)(1) to read as follows: 

§ 416.212 Continuation of full benefits in 

certain cases of medical confinement. 

* * * * * 

(b) * * * 

(1) Subject to eligibility and regular 

computation rules (see subparts B and D 

of this part), you are eligible for the 

benefits payable under section 

1611(e)(1)(G) of the Social Security Act 

for up to 3 full months of medical 

confinement during which your benefits 

would otherwise be suspended because 

of residence in a public institution or 

reduced because of residence in a public 

or private institution where Medicaid 

pays a substantial part (more than 50 

percent) of the cost of your care or, if 

you are a child under age 18, reduced 

because of residence in a public or 

private institution which receives 

payments under a health insurance 

policy issued by a private provider, or 

a combination of Medicaid and a health 

insurance policy issued by a private 

provider, pay a substantial part (more 

than 50 percent) of the cost of your care 

if—

* * * * * 

Subpart D—[Amended] 

5. The authority citation for subpart D 

of part 416 continues to read as follows: 

Authority: Secs. 702(a)(5), 1611(a), (b), (c), 

and (e), 1612, 1617, and 1631 of the Social 

Security Act (42 U.S.C. 902(a)(5), 1382(a), (b), 

(c), and (e), 1382a, 1382f, and 1383). 

6. Section 416.414 is amended by 

revising the section heading and 

paragraph (c) to read as follows: 

§ 416.414 Amount of benefits; eligible 

individual or eligible couple in a medical 

treatment facility. 

* * * * * 

(c) Definition. For purposes of this 

section, a medical treatment facility 

means an institution or that part of an 

institution that is licensed or otherwise 

approved by a Federal, State, or local 

government to provide inpatient 

medical care and services. 

§ 416.414 [Amended] 

7. In addition to the amendment set 

forth above, in 20 CFR part 416, subpart 

D, remove the words ‘‘medical facility’’

and ‘‘medical care facility’’ and add in 

their place the words ‘‘medical 

treatment facility’’ in § 416.414(a), 

(b)(2), and (b)(3)(i) through (ii). 

Subpart E—[Amended] 

8. The authority citation for subpart E 

of part 416 continues to read as follows: 

Authority: Secs. 702(a)(5), 1147, 1601, 

1602, 1611(c) and (e), and 1631(a)–(d) and (g) 

of the Social Security Act (42 U.S.C. 

902(a)(5), 1320b–17, 1381, 1381a, 1382(c) 

and (e), and 1383(a)–(d) and (g)); 31 U.S.C. 

3720A. 

§ 416.571 [Amended] 

9. In 20 CFR part 416, subpart E, 

remove the words ‘‘medical facility’’

wherever they appear and add in their 

place the words ‘‘medical treatment 

facility’’ in § 416.571. 

Subpart G—[Amended] 

10. The authority citation for subpart 

G of part 416 continues to read as 

follows: 

Authority: Secs. 702(a)(5), 1611, 1612, 

1613, 1614, and 1631 of the Social Security 

Act (42 U.S.C. 902(a)(5), 1382, 1382a, 1382b, 

1382c, and 1383); sec. 211, Pub. L. 93–66, 87 

Stat. 154 (42 U.S.C. 1382 note). 

11. Section 416.708 is amended by 

revising paragraph (k) to read as follows: 

§ 416.708 What you must report. 

* * * * * 

(k) Admission to or discharge from a 

medical treatment facility, public 

institution, or private institution. You 

must report to us your admission to or 

discharge from—

(1) A medical treatment facility; or 

(2) A public institution (defined in 

§ 416.201); or 

(3) A private institution. Private 

institution means an institution as 

defined in § 416.201 which is not 

administered by or the responsibility of 

a governmental unit. 

* * * * * 

Subpart K—[Amended] 

12. The authority citation for subpart 

K of part 416 continues to read as 

follows: 

Authority: Secs. 702(a)(5), 1602, 1611, 

1612, 1613, 1614(f), 1621, 1631, and 1633 of 

the Social Security Act (42 U.S.C. 902(a)(5), 

1381a, 1382, 1382a, 1382b, 1382c(f), 1382j, 

1383 and 1383b); sec. 211, Pub. L. 93–66, 87 

Stat. 154 (42 U.S.C. 1382 note). 

§§ 416.1149, 416.1165 and 416.1167 

[Amended] 

13. In 20 CFR part 416, subpart K, 

remove the words ‘‘medical facility’’

and ‘‘medical care facility’’ and add in 

their place the words ‘‘medical 

treatment facility’’ in the following 

places: 

a. Section 416.1149(a)(1) and (c)(1)(i) 

through (ii); 

b. Section 416.1165(g)(6) and (i)(1); 

and 

c. Section 416.1167(a)(2). 

Subpart L—[Amended] 

14. The authority citation for subpart 

L of part 416 continues to read as 

follows: 

Authority: Secs. 702(a)(5), 1602, 1611, 

1612, 1613, 1614(f), 1621, 1631 and 1633 of 

the Social Security Act (42 U.S.C. 902(a)(5), 

1381a, 1382, 1382a, 1382b, 1382c(f), 1382j, 

1383 and 1383b); sec. 211, Pub. L. 93–66, 87 

Stat. 154 (42 U.S.C. 1382 note). 

§ 416.1202 [Amended] 

15. In 20 CFR part 416, subpart L, 

remove the words ‘‘medical facility’’

and ‘‘medical care facility’’ and add in 

their place the words ‘‘medical 

treatment facility’’ in § 416.1202(b)(2)(i). 

[FR Doc. E7–5134 Filed 3–23–07; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Parts 19 and 20 

RIN 2900–AM49 

Supplemental Statement of the Case 

AGENCY: Department of Veterans Affairs. 

ACTION: Proposed rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) proposes to amend its 

regulations regarding the time limit for 

filing a response to a Supplemental 

Statement of the Case in appeals to the 

Board of Veterans’ Appeals (Board). We 

propose to change the response period 


cprice-sewell on PROD1PC66 with PROPOSALS
Federal Register / Vol. 72, No. 57 / Monday, March 26, 2007 / Proposed Rules 14057 

from 60 days to 30 days. The purpose 

of this change is to improve efficiency 

in the appeals process and reduce the 

time that it takes to resolve appeals 

while still providing appellants with a 

reasonable period to respond to a 

Supplemental Statement of the Case. 

DATES: Comments must be received by 

VA on or before May 25, 2007. 

ADDRESSES: Written comments may be 

submitted through http:// 

www.Regulations.gov; by mail or handdelivery to the Director, Regulations 

Management (00REG), Department of 

Veterans Affairs, 810 Vermont Avenue, 

NW., Room 1068, Washington, DC 

20420; or by fax to (202) 273–9026. 

Comments should indicate that they are 

submitted in response to ‘‘RIN 2900–

AM49—Supplemental Statement of the 

Case.’’ Copies of comments received 

will be available for public inspection in 

the Office of Regulation Policy and 

Management, Room 1063B, between the 

hours of 8 a.m. and 4:30 p.m. Monday 

through Friday (except holidays). Please 

call (202) 273–9515 for an appointment. 

In addition, during the comment period, 

comments may be viewed online 

through the Federal Docket Management 

System (FDMS) at http:// 

www.Regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Steven L. Keller, Senior Deputy Vice 

Chairman, Board of Veterans’ Appeals 

(012), Department of Veterans Affairs, 

810 Vermont Avenue, NW., 

Washington, DC 20420, (202) 565–5978. 

SUPPLEMENTARY INFORMATION: The Board 

is an administrative body within VA 

that decides appeals from denials by 

Agencies of Original Jurisdiction (AOJs) 

of claims for veterans’ benefits, as well 

as occasional cases of original 

jurisdiction. The Board is under the 

administrative control and supervision 

of a Chairman who is directly 

responsible to the Secretary of Veterans 

Affairs. 38 U.S.C. 7101(a). The Board’s 

Appeals Regulations and Rules of 

Practice are found at 38 CFR parts 19 

and 20. 

An appeal to the Board is initiated by 

a timely filed Notice of Disagreement 

and completed (also called ‘‘perfected’’) 

by a timely filed Substantive Appeal 

after a Statement of the Case is 

furnished. 38 U.S.C. 7105(a); 38 CFR 

20.200. Under applicable law, the AOJ 

provides notice of any decision made by 

VA affecting the payment of benefits or 

the granting of relief. 38 U.S.C. 5104; 38 

CFR 3.103(b)(1). The claimant has one 

year from the date of mailing that notice 

to file a Notice of Disagreement. 38 

U.S.C. 7105(b)(1); 38 CFR 20.302(a). 

Following receipt of a timely Notice of 

Disagreement, the AOJ will prepare a 

Statement of the Case, which must 

include: (1) A summary of the evidence 

in the case pertinent to the issue or 

issues with which disagreement has 

been expressed; (2) a citation to 

pertinent laws and regulations and a 

discussion of how such laws and 

regulations affected the AOJ’s decision; 

and (3) the AOJ decision on each issue 

and a summary of the reasons for such 

decision. 38 U.S.C. 7105(d)(1); 38 CFR 

19.29. Except in cases of simultaneously 

contested claims, the claimant has 60 

days to file a Substantive Appeal in 

response to the Statement of the Case or 

the remainder of the one-year period 

from the date of notice of the decision 

being appealed, whichever period ends 

later. 38 U.S.C. 7105(d)(3); 38 CFR 

20.302(b)(1). In simultaneously 

contested claims, a Substantive Appeal 

and any response to a Supplemental 

Statement of the Case must be filed 

within 30 days from the date of mailing 

of the Statement of the Case and 

Supplemental Statement of the Case, 

respectively. 38 U.S.C. 7105, 7105A(b); 

38 CFR 20.501(b) and (c). 

Often, the AOJ receives additional 

evidence in support of the appeal after 

the Statement of the Case was issued but 

before the appeal is certified for 

appellate review and transferred to the 

Board. If the additional evidence is new 

(i.e., not duplicative of evidence 

previously of record that was discussed 

in the Statement of the Case or a prior 

Supplemental Statement of the Case) 

and relevant to the appeal, the AOJ will 

prepare a document known as a 

Supplemental Statement of the Case and 

furnish a copy to the appellant and his 

or her representative, if any. 38 CFR 

19.31(b)(1), 19.37(a). The purpose of a 

Supplemental Statement of the Case is 

to inform the appellant of any material 

changes in, or additions to, the 

information included in the Statement 

of the Case or any prior Supplemental 

Statement of the Case. 38 CFR 19.31(a). 

A Supplemental Statement of the Case 

will also be furnished if the AOJ 

discovers a material defect in the 

Statement of the Case or a prior 

Supplemental Statement of the Case, or 

determines that for any other reason the 

Statement of the Case or a prior 

Supplemental Statement of the Case is 

inadequate. 38 CFR 19.31(b). 

Additionally, if an appeal is remanded 

by the Board to the AOJ and a claim 

cannot be granted on remand, a 

Supplemental Statement of the Case is 

generally provided to the appellant 

regarding that issue. 38 CFR 19.31(c), 

19.38. Thereafter, the case is returned to 

the Board. 

Currently, 38 CFR 19.38, 20.302(c), 

and 20.303 provide information 

regarding the Supplemental Statement 

of the Case. These regulations indicate 

that appellants are allowed a period of 

60 days from the date of mailing of the 

Supplemental Statement of the Case to 

submit a response. Moreover, under 38 

CFR 20.303, an extension of the 60-day 

period for responding to the 

Supplemental Statement of the Case, 

when such a response is required, may 

be granted for good cause. We propose 

to change the 60-day period in each of 

these regulations to 30 days, to help 

expedite the appeals process while still 

providing appellants with a reasonable 

period to respond. We believe that the 

beneficial effects of the amendment will 

significantly outweigh any potential 

adverse effects on appellants and we are 

soliciting comments on this point. 

Unlike the Statement of the Case, 

which must contain specific 

information about the evidence and 

issues in the case, the applicable laws 

and regulations, and the reasons for 

each determination, a Supplemental 

Statement of the Case is not required to 

contain the same degree of detail. As its 

name implies, a Supplemental 

Statement of the Case is a supplement 

to the Statement of the Case. The 

document is intended to inform the 

appellant of any material changes to, or 

additions to, the information included 

in the Statement of the Case. 38 CFR 

19.31(a). In no case will a Supplemental 

Statement of the Case be used to 

announce AOJ decisions on issues that 

were not previously addressed in a 

Statement of the Case. 38 CFR 19.31(a). 

Therefore, due to the limited purpose of 

a Supplemental Statement of the Case, 

less time should be needed to respond 

to a Supplemental Statement of the Case 

as compared to the Statement of the 

Case. In addition, under this proposed 

rule change, an extension of the 30-day 

period for responding to a Supplemental 

Statement of the Case may still be 

granted for good cause. 38 CFR 20.303. 

Significantly, provided that a 

Substantive Appeal has been timely 

filed in accordance with 38 CFR 

20.302(b), a response to a Supplemental 

Statement of the Case is strictly optional 

and is not required to perfect an appeal. 

38 CFR 20.302(c). If there is no response 

to the Supplemental Statement of the 

Case within the allowed period, any 

remaining processing of the case can be 

completed and the appeal can be 

certified and transferred to the Board. In 

practice, VA adjudicators will hold the 

case for the full response period to 

allow the appellant every opportunity to 

respond to the Supplemental Statement 

of the Case. By reducing the response 


cprice-sewell on PROD1PC66 with PROPOSALS
14058 Federal Register / Vol. 72, No. 57 / Monday, March 26, 2007 / Proposed Rules 

period from 60 days to 30 days, VA can 

allow the case to move forward faster 

than under current regulations, thus 

helping expedite the adjudication of 

appealed cases. In addition to the 30- 

day period to respond to the 

Supplemental Statement of the Case, 

once his or her appeal has been certified 

and transferred to the Board, the 

appellant typically still has 90 days to 

submit further evidence. 38 CFR 

20.1304(a). Although 38 CFR 20.1304(a) 

states that the appellant has 90 days or 

until the Board promulgates a decision 

to submit evidence, as a practical 

matter, with the exception of a limited 

class of cases, such as cases that were 

advanced on the Board’s docket 

pursuant to 38 U.S.C. 7107(a), the Board 

generally does not decide cases until 

after the 90-day period has passed. This 

effectively provides most appellants 

with the full 90 days to submit 

additional evidence. Moreover, under 

§ 20.1304(b), even after the 90-day 

period expires an appellant may still 

move to submit additional evidence if 

he or she can demonstrate good cause 

for the delayed submission. 

This proposed rule would not affect 

the statutorily provided 60-day period 

to respond to a Statement of the Case. 

Rather, this proposed rule change is 

confined to the Supplemental Statement 

of the Case, which is a document 

created solely by VA regulation to 

describe VA’s AOJ activity when, most 

commonly, after a Statement of the Case 

was issued but before the appeal is 

certified and transferred to the Board, 

non-duplicative evidence is received 

that is relevant to the issue or issues on 

appeal, or when the AOJ plans to return 

a case to the Board following a Board 

remand for further development. 

For the reasons stated above, we 

propose to change the 60 day period to 

respond to a Supplemental Statement of 

the Case to 30 days in 38 CFR 19.38, 

20.302(c), and 20.303. 

Paperwork Reduction Act 

This document contains no provisions 

constituting a collection of information 

under the Paperwork Reduction Act (44 

U.S.C. 3501–3521). 

Regulatory Flexibility Act 

The Secretary hereby certifies that 

this proposed rule would not have a 

significant economic impact on a 

substantial number of small entities as 

they are defined in the Regulatory 

Flexibility Act, 5 U.S.C. 601–612. By 

reducing the period allowed for 

submitting an optional response to a 

Supplemental Statement of the Case to 

30 days, this proposed rule would affect 

claimants for VA benefits who appeal to 

the Board. It may also affect a few small 

organizations appealing to the Board, 

including attorneys appealing the 

cancellation of their accreditation by the 

VA General Counsel and accredited 

attorneys appealing decisions affecting 

payment of their fees out of past-due 

benefits awarded to VA claimants. This 

proposed rule may also affect a few 

small governmental jurisdictions 

appealing to the Board, such as state 

agencies appealing VA decisions on per 

diem payments for services provided to 

veterans in state homes. 

However, reducing the period 

permitted for submitting an optional 

response to a Supplemental Statement 

of the Case would not have a significant 

economic impact on a substantial 

number of these small entities. Rather, 

it would expedite the processing of their 

appeals to the Board. Therefore, 

pursuant to 5 U.S.C. 605(b), this 

proposed rule is exempt from the initial 

and final regulatory flexibility analysis 

requirement of 5 U.S.C. 603 and 604. 

Executive Order 12866 

Executive Order 12866 directs 

agencies to assess all costs and benefits 

of available regulatory alternatives and, 

when regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public health 

and safety, and other advantages; 

distributive impacts; and equity). The 

Executive Order classifies a ‘‘significant 

regulatory action,’’ requiring review by 

the Office of Management and Budget 

(OMB) unless OMB waives such review, 

as any regulatory action that is likely to 

result in a rule that may: (1) Have an 

annual effect on the economy of $100 

million or more or adversely affect in a 

material way the economy, a sector of 

the economy, productivity, competition, 

jobs, the environment, public health or 

safety, or State, local, or tribal 

governments or communities; (2) Create 

a serious inconsistency or otherwise 

interfere with an action taken or 

planned by another agency; (3) 

Materially alter the budgetary impact of 

entitlements, grants, user fees, or loan 

programs or the rights and obligations of 

recipients thereof; or (4) Raise novel 

legal or policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in the Executive 

Order. 

The economic, interagency, 

budgetary, legal, and policy 

implications of this proposed rule have 

been examined and it has been 

determined not to be a significant 

regulatory action under Executive Order 

12866. 

Unfunded Mandates 

The Unfunded Mandates Reform Act 

of 1995 requires, at 2 U.S.C. 1532, that 

agencies prepare an assessment of 

anticipated costs and benefits before 

issuing any rule that may result in an 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector of $100 million or more 

(adjusted annually for inflation) in any 

one year. This proposed rule would 

have no such effect on State, local, and 

tribal governments, or on the private 

sector. 

Catalog of Federal Domestic Assistance 

Numbers 

The Catalog of Federal Domestic 

Assistance program numbers and titles 

for this proposal are 64.100, 

Automobiles and Adaptive Equipment 

for Certain Disabled Veterans and 

Members of the Armed Forces; 64.101, 

Burial Expenses Allowance for 

Veterans; 64.102, Compensation for 

Service-Connected Deaths for Veterans’

Dependents; 64.103, Life Insurance for 

Veterans; 64.104, Pension for NonService-Connected Disability for 

Veterans; 64.105, Pension to Veterans 

Surviving Spouses, and Children; 

64.106, Specially Adapted Housing for 

Disabled Veterans; 64.109, Veterans 

Compensation for Service-Connected 

Disability; 64.110, Veterans Dependency 

and Indemnity Compensation for 

Service-Connected Death; 64.114, 

Veterans Housing-Guaranteed and 

Insured Loans; 64.115, Veterans 

Information and Assistance; 64.116, 

Vocational Rehabilitation for Disabled 

Veterans; 64.117, Survivors and 

Dependents Educational Assistance; 

64.118, Veterans Housing-Direct Loans 

for Certain Disabled Veterans; 64.119, 

Veterans Housing-Manufactured Home 

Loans; 64.120, Post-Vietnam Era 

Veterans’ Educational Assistance; 

64.124, All-Volunteer Force Educational 

Assistance; 64.125, Vocational and 

Educational Counseling for 

Servicemembers and Veterans; 64.126, 

Native American Veteran Direct Loan 

Program; 64.127, Monthly Allowance 

for Children of Vietnam Veterans Born 

with Spina Bifida; and 64.128, 

Vocational Training and Rehabilitation 

for Vietnam Veterans’ Children with 

Spina Bifida or Other Covered Birth 

Defects. 

List of Subjects in 38 CFR Parts 19 and 

20 

Administrative practice and 

procedure, Claims, Veterans. 


cprice-sewell on PROD1PC66 with PROPOSALS
Federal Register / Vol. 72, No. 57 / Monday, March 26, 2007 / Proposed Rules 14059 

Approved: November 30, 2006. 

Gordon H. Mansfield, 

Deputy Secretary of Veterans Affairs. 

For the reasons set forth in the 

preamble, VA proposes to amend 38 

CFR parts 19 and 20 as follows: 

PART 19—BOARD OF VETERANS’

APPEALS: APPEALS REGULATIONS 

1. The authority citation for part 19 

continues to read as follows: 

Authority: 38 U.S.C. 501(a), unless 

otherwise noted. 

Subpart B—Appeals Processing by 

Agency of Original Jurisdiction 

§ 19.38 [Amended] 

2. Section 19.38 is amended by 

removing ‘‘60-day’’ and adding, in its 

place, ‘‘30-day’’. 

PART 20—BOARD OF VETERANS’

APPEALS: RULES OF PRACTICE 

3. The authority citation for part 20 

continues to read as follows: 

Authority: 38 U.S.C. 501(a) and as noted in 

specific sections. 

Subpart D—Filing 

§ 20.302 [Amended] 

4. Section 20.302(c) is amended by 

removing ‘‘60’’ and adding, in its place, 

‘‘30’’. 

§ 20.303 [Amended] 

5. Section 20.303 is amended by 

removing ‘‘or the 60-day period for 

responding to a Supplemental 

Statement of the Case’’ and adding, in 

its place, ‘‘or the 30-day period for 

responding to a Supplemental 

Statement of the Case’’. 

[FR Doc. E7–5435 Filed 3–23–07; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 272 

[EPA–R02–RCRA–2006–0518; FRL–8278–1 

New York: Incorporation by Reference 

of State Hazardous Waste Management 

Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA proposes to revise 

the codification of New York’s 

authorized hazardous waste program 

which is set forth in the regulations 

entitled ‘‘Approved State Hazardous 

Waste Management Programs’’, New 

York’s authorized hazardous waste 

program. EPA will incorporate by 

reference into the Code of Federal 

Regulations (CFR) those provisions of 

the State regulations that are authorized 

and that EPA will enforce under the 

Solid Waste Disposal Act, as amended 

and commonly referred to as the 

Resource Conservative and Recovery 

Act (RCRA). In the ‘‘Rules and 

Regulations’’ section of this Federal 

Register, the EPA is codifying and 

incorporating by reference the State’s 

hazardous waste program as an 

immediate final rule. EPA did not make 

a proposal prior to the immediate final 

rule because we believe these actions 

are not controversial and do not expect 

comments that oppose them. We have 

explained the reasons for this 

codification and incorporation by 

reference in the preamble to the 

immediate final rule. Unless we get 

written comments which oppose this 

incorporation by reference during the 

comment period, the immediate final 

rule will become effective on the date 

indicated, and we will not take further 

action on this proposal. If we get 

comments that oppose these actions, we 

will withdraw the immediate final rule 

and it will not take effect. We will then 

respond to public comments in a later 

final rule based on this proposal. You 

may not have another opportunity for 

comment. If you want to comment on 

this action, you must do so at this time. 

DATES: Comments must be received on 

or before April 25, 2007. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R02–

RCRA–2006–0518, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• E-mail: infurna.michael@epa.gov. 

• Fax: (212) 637–3056. 

• Mail: Send written comments to 

Michael Infurna, Division of 

Environmental Planning and Protection, 

EPA, Region 2, 290 Broadway, 22nd 

Floor, New York, NY 10007. 

• Hand Delivery or Courier: Deliver 

your comments to Michael Infurna, 

Division of Environmental Planning and 

Protection, EPA, Region 2, 290 

Broadway, 22nd Floor, New York, NY 

10007. Such deliveries are only 

accepted during the Regional Office’s 

normal hours of operation. The public is 

advised to call in advance to verify the 

business hours. Special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R02–RCRA–2006–

0518. 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 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 www.regulations.gov 

or e-mail. The Federal 

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 

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 or 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). 

Docket: All documents in the docket are 

listed in the www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available on in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy. 

You can inspect the records related to 

this codification effort in the EPA 

Region 2 Library by appointment only. 

To make an appointment please call 

(212) 637–3185. 

FOR FURTHER INFORMATION CONTACT: 

Michael Infurna, Division of 

Environmental Planning and Protection, 

EPA Region 2, 290 Broadway, 22nd 

floor, New York, NY 10007; telephone 

number (212) 637–4177; fax number: 

(212) 637–437; e-mail address: 

infurna.michael@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

additional information please see the 

immediate final rule published in the 


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