21006 Federal Register / Vol. 72, No. 81 / Friday April 27, 2007 / Notices 

23/2007: Correction to Extending 

Comment Period from 05/19/2007 to 

05/09/2007. 

EIS No. 20070097, Draft EIS, NOA, 00, 

Programmatic—Marine Mammal 

Health and Stranding Response 

Program (MMHSRP), Day-to-Day 

Operation on Stranding, Response, 

Rehabilitation, Release, and 

Disentangelement Activities, 

Comment Period Ends: 05/30/2007, 

Contact: David Cottingham 301–713–

2322. Revision of FR Notice Published 

3/16/2007: Extending Comment 

Period from 04/30/2007 to 05/30/ 

2007. 

EIS No. 20070146, Final EIS, COE, CA, 

Adoption—Folsom Dam Safety and 

Flood Damage Reduction Project, 

Addressing Hydrologic, Seismic, 

Static, and Flood Management Issues, 

Sacramento, El Dorado and Placer 

Counties, CA, Wait Period Ends: 05/ 

21/2007, Contact: Jane Rinck 916–

557–6715 Revision of FR Notice 

Published 04/20/2007: Correction to 

Wait Period from 05/21/2007 to No 

Wait Period. 

EIS No. 20070155, Draft EIS, COE, GA, 

Fort Benning U.S. Army Infantry 

Center, Base Realignment and Closure 

(BRAC) 2005 and Transformation 

Actions, Implementation, 

Chattahoochee and Muscogee 

Counties, GA, Comment Period Ends: 

06/04/2007, Contact: John Brent 706–

545–2180. Revision of FR Notice 

Published on 04/20/07: Correction to 

EIS Title. 

Dated: April 24, 2007. 

Robert W. Hargrove, 

Director, NEPA Compliance Division, Office 

of Federal Activities. 

[FR Doc. E7–8106 Filed 4–26–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OECA–2007–0157; FRL–8306–8] 

Inquiry To Learn Whether Businesses 

Assert Business Confidentiality Claims 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice; request for comment. 

SUMMARY: The Environmental Protection 

Agency receives from time to time 

Freedom of Information Act (FOIA) 

requests for documents contained in the 

EPA Waste International Tracking 

System (‘‘WITSnet’’) pertaining to the 

export and import of Resource 

Conservation and Recovery Act (RCRA) 

hazardous waste from/to the United 

States, the export of Cathode Ray Tubes 

(CRTs) from the United States, and the 

export and import of RCRA universal 

waste from/to the United States. These 

documents may identify or reference 

multiple parties, and describe 

transactions involving the movement of 

specified materials in which they 

propose to participate or have 

participated. The purpose of this notice 

is to contact affected businesses about 

the documents sought by these types of 

FOIA requests in order to provide the 

businesses with the opportunity to 

assert claims that any of the information 

sought that pertains to them is entitled 

to treatment as confidential business 

information (CBI), and to send 

comments to EPA supporting their 

claims for such treatment. Certain 

businesses, however, do not meet the 

definition of ‘‘affected business,’’ and 

are not covered by today’s notice. They 

consist of any business regulated by 

RCRA that actually submitted to EPA 

any document at issue pursuant to 

applicable regulatory requirements and 

did not assert a CBI claim as to 

information that pertains to that 

business in the document at the time of 

its submission; they have waived their 

right to do so at a later time. 

Nevertheless, other businesses 

identified or referenced in the 

documents that were submitted to EPA 

by the submitting business have not 

waived their own right to assert a CBI 

claim concerning information that 

pertains to them and may do so in 

response to this notice. 

DATES: Comments must be received on 

or before May 29, 2007. The period for 

submission of comments may be 

extended if, before the comments are 

due, you make a request for an 

extension of the comment period and it 

is approved by the EPA legal office. 

Except in extraordinary circumstances, 

the EPA legal office will not approve 

such an extension without the consent 

of any person whose request for release 

of the information under the FOIA is 

pending. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ–

OECA–2007–0157, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• E-mail: kreisler.eva@epa.gov. 

• Address: Eva Kreisler, International 

Compliance Assurance Division, Office 

of Federal Activities, Office of 

Enforcement and Compliance 

Assurance, Environmental Protection 

Agency, Mailcode: 2254A, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OECA–2007–

0157. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

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 www.regulations.gov 

or e-mail. The 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. Please include your name and 

other contact information with any disk 

or CD–ROM you submit by mail. 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. 

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 only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the HQ EPA Docket Center, EPA/DC, 

EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC. The 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 

Public Reading Room is (202) 566–1744, 

and the telephone number for the 

docket for the Inquiry to Learn Whether 

Businesses Assert Business 


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Federal Register / Vol. 72, No. 81 / Friday April 27, 2007 / Notices 21007 

1The term ‘‘affected business’’ is defined at 40 

CFR 2.201(d), and is set forth in this notice, below. 

2The term ‘‘transporter’’ is defined at 40 CFR 

260.10. 

3The term consignee is defined, for different 

purposes, at 40 CFR 262.51 and 262.81(c). 

4The term ‘‘manifest’’ is defined at 40 CFR 

260.10. 

Confidentiality Claims Regarding the 

Following Information: (1) Export of 

Hazardous Waste Documentation; (2) 

Import of Hazardous Waste 

Documentation; (3) Notifications of 

Intent to Export Cathode Ray Tubes; 

Notice of Opportunity to Comment is 

(202) 566–1752. 

FOR FURTHER INFORMATION CONTACT: Eva 

Kreisler, International Compliance 

Assurance Division, Office of Federal 

Activities, Office of Enforcement and 

Compliance Assurance, Environmental 

Protection Agency, Mailcode: 2254A, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460; telephone 

number: (202) 564–8186; e-mail address: 

kreisler.eva@epa.gov. 

SUPPLEMENTARY INFORMATION: Regarding 

the Following Information: (1) 

Documents Related to the Export of 

Resource Conservation and Recovery 

Act (RCRA) Hazardous Waste Under 40 

CFR part 262, Subparts E and H; (2) 

Documents Related to the Import of 

RCRA Hazardous Waste Under 40 CFR 

part 262, Subpart F; (3) Documents 

Related to the Export of Cathode Ray 

Tubes Under 40 CFR part 261, Subpart 

E; and (4) Documents Related to the 

Export and Import of RCRA Universal 

Waste Under 40 CFR part 273, Subparts 

B, C, D, and F. 

I. General Information 

EPA has previously published a 

notice in the Federal Register, at 67 FR 

71962, December 3, 2002, that addresses 

issues similar to those raised by today’s 

notice. The Agency did not receive any 

comments on the 2002 notice. Since the 

publication of the 2002 notice, the 

Agency has continued to receive FOIA 

requests for documents contained in the 

EPA Waste International Tracking 

System (‘‘WITSnet’’) database. 

II. Issues Covered by This Notice 

EPA receives FOIA requests from time 

to time for documents that may identify 

or reference multiple parties, and 

describe transactions involving the 

movement of specified materials in 

which they propose to participate or 

have participated. This notice informs 

‘‘affected businesses,’’ 1 which could 

include, among others, specific 

‘‘transporters’’ 2 and consignees,’’ 3 of 

the requests for information contained 

in one or more of the following 

documents: (1) Documents related to the 

export of Resource Conservation and 

Recovery Act (RCRA) hazardous waste 

under 40 CFR part 262, subparts E and 

H, including but not limited to the 

‘‘notification of intent to export’’, 

‘‘manifest,’’ 4 ‘‘annual report,’’

‘‘acknowledgements of consent,’’

‘‘exception reports,’’ ‘‘transit 

notifications,’’ and ‘‘renotification;’’ (2) 

documents related to the import of 

hazardous waste under 40 CFR part 262, 

subpart F, including but not limited to 

notifications of intent to import 

hazardous waste into the U.S. from 

foreign countries; (3) documents related 

to the export of Cathode Ray Tubes 

(CRTs) under 40 CFR part 261, subpart 

E, including but not limited to 

notifications of intent to export CRTs; 

and (4) documents related to the export 

and import of RCRA universal waste 

under 40 CFR part 273, subparts B, C, 

D, and F. 

Certain businesses, however, do not 

meet the definition of ‘‘affected 

business,’’ and are not covered by 

today’s notice. They consist of any 

business that actually submitted any of 

the documents sought in the FOIA 

requests that EPA has received, and did 

not assert a claim of business 

confidentiality covering any of that 

information at the time of submission. 

As set forth in the RCRA regulations at 

40 CFR 260.2(b), ‘‘if no such [business 

confidentiality] claim accompanies the 

information when it is received by EPA, 

it may be made available to the public 

without further notice to the person 

submitting it.’’ Thus, for purposes of 

this notice and as a general matter under 

40 CFR 260.2(b), a business that 

submitted to EPA the documents at 

issue, pursuant to applicable regulatory 

requirements, and that failed to assert a 

claim as to information that pertains to 

it at the time of submission, cannot later 

make a confidentiality claim. 

Nevertheless, other businesses 

identified or referenced in the same 

documents that were submitted to EPA 

by the submitting business have not 

waived their own right to assert a CBI 

claim concerning information that 

pertains to them and may do so in 

response to this notice. 

In accordance with 40 CFR 2.204(c) 

and (e), this notice inquires whether any 

affected business asserts a claim that 

any of the requested information 

constitutes CBI, and affords such 

business an opportunity to comment to 

EPA on the issue. This notice also 

informs affected businesses that, if a 

claim is made, EPA would determine 

under 40 CFR part 2, subpart B, whether 

any of the requested information is 

entitled to confidential treatment. 

1. Affected Businesses 

EPA’s FOIA regulations at 40 CFR 

2.204(c)(1) require an EPA office that is 

responsible for responding to a FOIA 

request for the release of business 

information (‘‘EPA office’’) ‘‘to 

determine which businesses, if any, are 

affected businesses * * *.’’ ‘‘Affected 

business’’ is defined at 40 CFR 2.201(d) 

as, ‘‘* * * with reference to an item of 

business information, a business which 

has asserted (and not waived or 

withdrawn) a business confidentiality 

claim covering the information, or a 

business which could be expected to 

make such a claim if it were aware that 

disclosure of the information to the 

public was proposed.’’

2. The Purposes of This Notice 

This notice encompasses two distinct 

steps in the process of communication 

with affected businesses prior to EPA’s 

making a final determination 

concerning the confidentiality of the 

information at issue: the preliminary 

inquiry and the notice of opportunity to 

comment. 

a. Inquiry To Learn Whether Affected 

Businesses (Other Than Those 

Businesses That Previously Asserted a 

CBI Claim) Assert Claims Covering Any 

of the Requested Information 

Section 2.204(c)(2)(i) provides, in 

relevant part: 

If the examination conducted under 

paragraph (c)(1) of this section discloses 

the existence of any business which, 

although it has not asserted a claim, 

might be expected to assert a claim if it 

knew EPA proposed to disclose the 

information, the EPA office shall contact 

a responsible official of each such 

business to learn whether the business 

asserts a claim covering the information. 

b. Notice of Opportunity To Submit 

Comments 

Sections 2.204(d)(1)(i) and 2.204(e)(1) 

require that written notice be provided 

to businesses that have made claims of 

business confidentiality for any of the 

information at issue, stating that EPA is 

determining under 40 CFR part 2, 

subpart B, whether the information is 

entitled to confidential treatment, and 

affording the businesses an opportunity 

to comment as to the reasons why they 

believe that the information deserves 

confidential treatment. 

3. The Use of Publication in the 

Federal Register 

Section 2.204(e)(1) requires that this 

type of notice be furnished by certified 


cprice-sewell on PROD1PC66 with NOTICES
21008 Federal Register / Vol. 72, No. 81 / Friday April 27, 2007 / Notices 

mail (return receipt requested), by 

personal delivery, or by other means 

which allows verification of the fact and 

date of receipt. EPA, however, has 

determined that in the present 

circumstances the use of a Federal 

Register notice is the only practical and 

efficient way to contact affected 

businesses and to furnish the notice of 

opportunity to submit comments. The 

Agency’s determination to follow this 

course was made in recognition of the 

large number of businesses included in 

the pertinent universe. Publication in 

the Federal Register also dispenses with 

the requirement of orally informing a 

responsible representative of the 

business that it should expect to receive 

a written notice, and requesting the 

business to contact the EPA office if the 

written notice has not been received 

within a few days, so that EPA may 

furnish a duplicate notice. 40 CFR 

2.204(e)(3). 

4. Submission of Your Response in the 

English Language 

All responses to this notice must be 

in the English language. 

5. The Effect of Failure To Respond to 

This Notice 

In accordance with 40 CFR 2.204(e)(1) 

and 2.205(d)(1), EPA will construe your 

failure to furnish timely comments in 

response to this notice as a waiver of 

your business’s claim(s) of 

confidentiality for any information in 

the documents identified in this notice. 

6. What To Include in Your Comments 

If you believe that some or all of the 

information contained in the types of 

documents which are described in this 

notice and which are currently, or may 

become, subject to FOIA requests, is 

entitled to confidential treatment, please 

specify which portions of the 

information you consider confidential. 

Information not specifically identified 

as subject to a confidentiality claim will 

be disclosed to the requestor without 

further notice to you. 

For each item or class of information 

that you identify as being subject to 

your claim, please answer the following 

questions, giving as much detail as 

possible: 

1. For what period of time do you 

request that the information be 

maintained as confidential, e.g., until a 

certain date, until the occurrence of a 

specified event, or permanently? If the 

occurrence of a specific event will 

eliminate the need for confidentiality, 

please specify that event. 

2. Information submitted to EPA 

becomes stale over time. Why should 

the information you claim as 

confidential be protected for the time 

period specified in your answer to 

question no. 1? 

3. What measures have you taken to 

protect the information claimed as 

confidential? Have you disclosed the 

information to anyone other than a 

governmental body or someone who is 

bound by an agreement not to disclose 

the information further? If so, why 

should the information still be 

considered confidential? 

4. Is the information contained in any 

publicly available material such as the 

Internet, publicly available data bases, 

promotional publications, annual 

reports, or articles? Is there any means 

by which a member of the public could 

obtain access to the information? Is the 

information of a kind that you would 

customarily not release to the public? 

5. Has any governmental body made 

a determination as to the confidentiality 

of the information? If so, please attach 

a copy of the determination. 

6. For each category of information 

claimed as confidential, explain with 

specificity why release of the 

information is likely to cause substantial 

harm to your competitive position. 

Explain the specific nature of those 

harmful effects, why they should be 

viewed as substantial, and the causal 

relationship between disclosure and 

such harmful effects. How could your 

competitors make use of this 

information to your detriment? 

7. Do you assert that the information 

is submitted on a voluntary or a 

mandatory basis? Please explain the 

reason for your assertion. If the business 

asserts that the information is 

voluntarily submitted information, 

whether and why disclosure of the 

information would tend to lessen the 

availability to EPA of similar 

information in the future. 

8. Any other issue you deem relevant. 

Please note that you bear the burden 

of substantiating your confidentiality 

claim. Conclusory allegations will be 

given little or no weight in the 

determination. If you wish to claim any 

of the information in your response as 

confidential, you must mark the 

response ‘‘CONFIDENTIAL’’ or with a 

similar designation, and must bracket 

all text so claimed. Information so 

designated will be disclosed by EPA 

only to the extent allowed by, and by 

means of, the procedures set forth in, 40 

CFR part 2, subpart B. If you fail to 

claim the information as confidential 

upon submission, it may be made 

available to the public without further 

notice to you. 

III. What Should I Consider as I 

Prepare My Comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

www.regulations.gov or e-mail. Please 

submit this information by mail to the 

address identified in the ADDRESSES

section of today’s notice. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD ROM that 

you mail to EPA, mark the outside of the 

disk or CD ROM as CBI and then 

identify electronically within the disk or 

CD ROM the specific information that is 

claimed as CBI. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2, subpart B. In addition to 

one complete version of the comment 

that includes information claimed as 

CBI, a copy of the comment that does 

not contain the information claimed as 

CBI must be submitted for inclusion in 

the public docket. 

2. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

• Identify the notice by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

Dated: April 20, 2007, 

Anne Norton Miller, 

Director, Office of Federal Activities. 

[FR Doc. E7–8120 Filed 4–26–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8306–9] 

Federal Advisory Committee on 

Detection and Quantitation 

Approaches and Uses in Clean Water 

Act Programs 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice; FACA committee 

meeting announcement. 


cprice-sewell on PROD1PC66 with NOTICES