20304 Federal Register / Vol. 72, No. 78 / Tuesday April 24, 2007 / Proposed Rules 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impact 

of today’s proposed rule amendments 

on small entities, a small entity is 

defined as: (1) A small business 

according to Small Business 

Administration size standards for 

companies identified by NAICS codes 

336111 (automobile manufacturing) and 

336112 (light truck and utility vehicle 

manufacturing) with 1,000 or fewer 

employees or by NAICS code 323113 

(commercial screen printing) with 500 

or fewer employees; (2) a small 

governmental jurisdiction that is a 

government or a city, county, town, 

school district or special district with a 

population of less than 50,000; and (3) 

a small organization that is any not-forprofit enterprise which is independently 

owned and operated and is not 

dominant in its field. Based on the 

above definition, there are no small 

entities presently engaged in automobile 

and light-duty truck surface coating. 

While there are small entities presently 

engaged in commercial screen printing, 

the proposed rule amendments would 

not impose any requirements on 

commercial screen printers. 

After considering the economic 

impacts of today’s proposed rule 

amendments on small entities, I certify 

that this action will not have a 

significant economic impact on a 

substantial number of small entities. 

This is based on the observation that the 

proposed rule affects no small entities 

since none are engaged in the surface 

coating of automobiles and light-duty 

trucks, and no requirements are 

imposed on commercial screen printers. 

We continue to be interested in the 

potential impacts of the proposed rule 

amendments on small entities and 

welcome comments on issues related to 

such impacts. 

List of Subjects in 40 CFR Part 63 

Environmental protection, Air 

pollution control, Hazardous 

substances, Reporting and 

recordkeeping requirements. 

Dated: April 18, 2007. 

Stephen L. Johnson, 

Administrator. 

[FR Doc. E7–7758 Filed 4–23–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 260 and 261 

[EPA–HQ–RCRA–2002–0031–FRL–8303–8] 

RIN 2050–AG31 

Revisions to the Definition of Solid 

Waste 

AGENCY: Environmental Protection 

Agency. 

ACTION: Supplemental proposed rule; 

extension of comment period. 

SUMMARY: The Environmental Protection 

Agency (EPA) is announcing that the 

comment period to the supplemental 

proposed rule entitled Revisions to the 

Definition of Solid Waste published on 

March 26, 2007 (72 FR 14172) is being 

extended until June 25, 2007. In the 

supplemental proposal, EPA is 

requesting comment on revisions to the 

definition of solid waste which would 

exclude certain hazardous secondary 

materials from regulation under Subtitle 

C of the Resource Conservation and 

Recovery Act (RCRA). We are also 

soliciting comment on regulatory factors 

to be used to determine whether 

recycling of hazardous secondary 

materials is legitimate. 

DATES: The comment period for this 

supplemental proposed rule is extended 

from the original closing date of May 25, 

2007, to June 25, 2007. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ–

RCRA–2002–0031 by one of the 

following methods: 

www.regulations.gov: Follow the online instructions for submitting 

comments. 

E-mail: Comments may be sent by 

electronic mail (e-mail) to RCRA– 

docket@epa.gov, Attention Docket ID 

No. EPA–HQ–RCRA–2002–0031. 

Fax: Fax comments to: 202–566–0270, 

Attention Docket ID No. EPA–HQ–

RCRA 2002–0031. 

Mail: Send comments to: OSWER 

Docket, EPA Docket Center, Mail Code 

5305T, Environmental Protection 

Agency, 1200 Pennsylvania Avenue, 

NW., Washington, DC 20460, Attention 

Docket ID No. EPA–HQ–RCRA–2002–

0031. In addition, please mail a copy of 

your comments on the information 

collection provisions to the Office of 

Information and Regulatory Affairs, 

Office of Management and Budget 

(OMB), Attn: Desk Officer for EPA, 725 

17th St., Washington, DC 20503. 

Hand delivery: Deliver comments to: 

Environmental Protection Agency, EPA 

Docket Center, Room B102, 1301 

Constitution Avenue, NW., Washington, 

DC, Attention Docket ID No. EPA–HQ–

RCRA–2002–0031. 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 Number EPA–HQ–RCRA–

2002–0031. 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 email 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. 

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, such as 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 OSWER Docket, 

EPA/DC, EPA West, Room B102, 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 

OSWER Docket is (202) 566–0270. 


jlentini on PROD1PC65 with PROPOSAL
Federal Register / Vol. 72, No. 78 / Tuesday April 24, 2007 / Proposed Rules 20305 

FOR FURTHER INFORMATION CONTACT: For 

more detailed information on specific 

aspects of this rulemaking, contact 

Marilyn Goode, Office of Solid Waste, 

Hazardous Waste Identification 

Division, MC 5304P, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460, 

(703–308–8800) 

(goode.marilyn@epa.gov) or Tracy Atagi, 

Office of Solid Waste, Hazardous Waste 

Identification Division, MC 5304P, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460, (703–308–8672) 

(atagi.tracy@epa.gov). 

SUPPLEMENTARY INFORMATION: A. 

Comment Period. We are extending the 

comment period by 30 days in response 

to requests from several stakeholders. 

B. Regulated Entities. Entities 

potentially affected by this action 

include about 4,600 facilities in 530 

industries in 17 economic sectors that 

generate or recycle hazardous secondary 

materials which are currently regulated 

as RCRA Subtitle C hazardous wastes 

(e.g., industrial co-products, byproducts, residues, unreacted 

feedstocks). About 80 percent of these 

affected facilities are classified in 

NAICS code economic sectors 31, 32, 

and 33 (manufacturing), and the 

remainder are in NAICS code economic 

sectors 21 (mining), 22 (utilities), 23 

(construction), 42 (wholesale trade), 44 

and 45 (retail trade), 48 and 49 

(transportation), 51 (information), 54 

(professional, scientific and technical 

services), 56 (administrative support, 

waste management and remediation), 61 

(educational services), 62 (health care 

and social assistance, and 81 (other 

services). About 0.65 million tons per 

year of recyclable industrial materials 

handled by these entities may be 

affected, of which the most common 

types are metal-bearing hazardous 

secondary materials (e.g., sludges and 

spent catalysts), and organic chemical 

liquids. This proposed rule, if 

promulgated, is expected to result in 

regulatory and materials recovery cost 

savings to these industries of 

approximately $107 million per year. 

Taking into account impact estimation 

uncertainty factors, this rule, if 

promulgated, could affect between 0.3 

to 1.7 million tons per year of industrial 

hazardous secondary materials handled 

by 3,600 to 5,400 entities in 460 to 570 

industries, resulting in $93 million to 

$205 million per year of net cost 

savings. More detailed information on 

the potentially affected entities, 

industries, and industrial materials, as 

well as the economic impacts of this 

rule (with impact uncertainty factors), is 

presented in the ‘‘Economics 

Background Document’’ available in the 

docket for this rulemaking. 

C. Submitting CBI. Do not submit this 

information to EPA through 

www.regulations.gov or e-mail. Clearly 

mark all 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. 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. 

Information so marked will not be 

disclosed, except in accordance with 

procedures set forth in 40 CFR part 2. 

List of Subjects 

40 CFR Part 260 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Reporting and 

recordkeeping requirements. 

40 CFR Part 261 

Environmental protection, Hazardous 

waste, Recycling, Reporting and 

recordkeeping requirements. 

Dated: April 13, 2007. 

Matt Hale, 

Director, Office of Solid Waste. 

[FR Doc. E7–7761 Filed 4–23–07; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

Endangered and Threatened Wildlife 

and Plants; Revised 12-Month Finding 

for Upper Missouri River Distinct 

Population Segment of Fluvial Arctic 

Grayling 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of revised 12-month 

finding. 

SUMMARY: We, the Fish and Wildlife 

Service (Service), announce our revised 

12-month finding on a petition to list 

the upper Missouri River Distinct 

Population Segment (DPS) of fluvial 

Arctic grayling (Thymallus arcticus) as 

threatened or endangered under the 

Endangered Species Act of 1973, as 

amended (Act). After a review of the 

best available scientific and commercial 

information, we find that fluvial Arctic 

grayling of the upper Missouri River 

does not constitute a species, 

subspecies, or distinct population 

segment under the Act. Therefore, we 

find that the petition to list the upper 

Missouri River DPS of fluvial Arctic 

grayling is not warranted, and we 

withdraw the fluvial Arctic grayling 

from the candidate list. The Service 

continues to seek new information on 

the taxonomy, biology, ecology, and 

status of fluvial Arctic grayling and to 

support cooperative conservation of 

fluvial Arctic grayling in the upper 

Missouri River system. 

DATES: This finding was made on April 

24, 2007. 

ADDRESSES: The complete file for this 

finding is available for inspection, by 

appointment, during normal business 

hours, at the U.S. Fish and Wildlife 

Service, Montana Field Office, 585 

Shepard Way, Helena, MT 59601; 

telephone (406) 449–5225. Submit new 

information, materials, comments, or 

questions concerning this species to us 

at this address (Attention: Arctic 

grayling). 

FOR FURTHER INFORMATION CONTACT: 

Mark Wilson, Field Supervisor, 

Montana Field Office, at the address and 

telephone listed above. 

SUPPLEMENTARY INFORMATION: 

Species Information 

Description 

The Arctic grayling (Thymallus 

arcticus) belongs to the family 

Salmonidae (salmon, trout, charr, 

whitefishes), subfamily Thymallinae 

(graylings), and is represented by a 

single genus, Thymallus, which 

contains three other recognized species 

in addition to T. arcticus (Scott and 

Crossman 1973, pp. 301–302; Behnke 

2002, pp. 327–331). Arctic grayling have 

elongate, laterally compressed bodies 

with deeply forked tails, and adults 

typically average 254 to 330 millimeters 

(10 to 13 inches) in length. Coloration 

varies from silvery or iridescent blue 

and lavender, to dark blue (Behnke 

2002, pp. 327–328). During the 

spawning period, the colors darken and 

the males become more brilliantly 

colored than the females. A prominent 

morphological feature of Arctic grayling 

is the sail-like dorsal fin, which is large 

and vividly colored with rows of orange 

to bright green spots, and often has an 

orange border. Dark spots are often 

evident on the body towards the head 

(Behnke 2002, pp. 327–328). 


jlentini on PROD1PC65 with PROPOSAL