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Federal Register / Vol. 72, No.

49 / Wednesday, March 14, 2007 / Notices 11873

III. Conditional Approval Form draft document solely for the purpose of 0212. Deliveries are only accepted from
EPA issued a notice, published in the seeking public comment prior to 8:30 a.m. to 4:30 p.m., Monday through
Federal Register of February 15, 2006 external peer review. The contractor- Friday, excluding legal holidays.
(71 FR 7954) (FRL–7761–5), which lead external expert peer review will be Special arrangements should be made
announced that Jabb of the Carolinas, conducted by letter and closed for deliveries of boxed information.
P.O. Box 310, Pine Level, NC 27568, had teleconference in the May 2007 Instructions: Direct your comments to
submitted an application to timeframe. All comments received, Docket ID No. EPA–HQ–ORD–2007–
conditionally register the pesticide submitted in accordance with this 0212. EPA’s policy is that all comments
products, Beauveria bassiana HF23 notice, will be shared with the external received will be included in the public
Technical, insecticide (EPA File Symbol peer review panel for their docket without change and may be
70787-1), containing the fungal active consideration. Comments received after made available online at
ingredient at 95 percent, an active the close of the comment period may be www.regulations.gov, including any
ingredient not included in any considered by EPA when it finalizes the personal information provided, unless
previously registered product. document. This document has not been the comment includes information
Listed below are the applications formally disseminated by EPA. This claimed to be Confidential Business
conditionally approved on December draft interim guidance does not Information (CBI) or other information
27, 2006 for an end-use product and a represent and should not be construed whose disclosure is restricted by statute.
technical. to represent any EPA policy, viewpoint, Do not submit information that you
1. EPA File Symbol 70787-1: or determination. Members of the public consider to be CBI or otherwise
Beauveria bassiana HF23 Technical at may obtain the draft interim guidance protected by statute through
95 percent for use as a Manufacturing from www.regulations.gov; or www.regulations.gov or e-mail. The
product for insecticides. Manufacturer: www.epa.gov/osa/spc/ www.regulations.gov Web site is an
Jabb of the Carolinas, P.O. Box 310, Pine genomicsguidance.htm; or from Dr. ‘‘anonymous access’’ system, which
Level, NC 27568. The registrant must Kathryn Gallagher via the contact means EPA will not know your identity
provide analyses of five production information below. or contact information unless you
batches of this Technical Grade Active This draft Interim Guidance for provide it in the body of your comment.
Ingredient which is to be used for Microarray-Based Assays outlines If you send an e-mail comment directly
manufacture of other End-use Products. recommendations for: (1) What data to to EPA, without going through
2. EPA File Symbol 70787-2: End-use submit to the Agency for microarray www.regulations.gov, your e-mail
Product (EP) balEnce containing 1.18 studies, (2) performance approach address will be automatically captured
percent of Beauveria bassiana HF23 considerations regarding quality and included as part of the comment
Technical for treatment of poultry assessment parameters, (3) data analysis that is placed in the public docket and
houses to control house fly in chicken approaches that should be considered; made available on the Internet. If you
manure. and (4) data management and storage submit an electronic comment, EPA
issues for data submitted to or used by recommends that you include your
List of Subjects the Agency. The guidance applies to name and other contact information in
Environmental protection, Chemicals, both human health and ecological DNA the body of your comment and with any
Pesticides and pests. microarray data. The draft document disk or CD–ROM you submit. If EPA
was developed to provide information cannot read your comment due to
Dated: February 28, 2007. to the regulated community and other technical difficulties and cannot contact
Janet L. Andersen, interested parties about submitting you for clarification, EPA may not be
Director, Biopesticides and Pollution microarray data to the Agency and to able to consider your comment.
Prevention Division, Office of Pesticide provide guidance for EPA staff in Electronic files should avoid the use of
Programs. evaluating such data and/or special characters, any form of
[FR Doc. E7–4275 Filed 3–13–07; 8:45 am] information. encryption, and be free of any defects or
BILLING CODE 6560–50–S viruses.
DATES: All comments received by April
30, 2007 will be shared with the Docket: All documents in the docket
ENVIRONMENTAL PROTECTION external peer review panel for their are listed in the www.regulations.gov
AGENCY consideration. Comments received index. Although listed in the index,
beyond that time may be considered by some information is not publicly
[EPA–HQ–ORD–2007–0212; FRL–8287–6] EPA when it finalizes the document. available, e.g., CBI or other information
ADDRESSES: Submit your comments, whose disclosure is restricted by statute.
Notice of Availability of the External Certain other material, such as
identified by Docket ID No. EPA–HQ–
Review Draft of an Interim Guidance copyrighted material, will be publicly
ORD–2007–0212, by one of the
for Microarray-Based Assays available only in hard copy. Publicly
following methods:
AGENCY: Environmental Protection • www.regulations.gov: Follow the available docket materials are available
Agency (EPA). on-line instructions for submitting either electronically in
ACTION: Notice of document availability comments. www.regulations.gov or in hard copy at
for public comment. • E-mail: ORD.Docket@epa.gov. the ORD Docket, EPA/DC, EPA West,
• Mail: ORD Docket, Environmental Room 3334, 1301 Constitution Ave.,
SUMMARY: The U.S. Environmental Protection Agency, Mailcode: 28221T, NW., Washington, DC. The Public
Protection Agency is announcing a 45 1200 Pennsylvania Ave., NW., Reading Room is open from 8:30 a.m. to
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day public comment period for the Washington, DC 20460. 4:30 p.m., Monday through Friday,
External Review Draft of the ‘‘Interim • Hand Delivery: EPA Docket Center excluding legal holidays. The telephone
Guidance for Microarray-Based Assays: (EPA/DC), Room 3334, EPA West number for the Public Reading Room is
Data Submission, Quality, Analysis, Building, 1301 Constitution Avenue, (202) 566–1744, and the telephone
Management and Training NW., Washington, DC 20460, Attention number for the ORD Docket is (202)
Considerations.’’ EPA is releasing this Docket ID No. EPA–HQ–ORD–2007– 566–1752.

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11874 Federal Register / Vol. 72, No. 49 / Wednesday, March 14, 2007 / Notices

FOR FURTHER INFORMATION CONTACT: Dr. across genomic platforms (e.g., SUMMARY: Notice is hereby given of
Kathryn Gallagher, Office of the Science reproducibility, sensitivity, pathway approval of the submittal by the State of
Advisor, Mail Code 8105–R, U.S. analysis tools) and the criteria for Delaware of its new and revised NPDES
Environmental Protection Agency, 1200 accepting genomics data for use in a risk regulations to maintain consistency
Pennsylvania Avenue, NW., assessment (e.g., assay validity, with the requirements of the Clean
Washington, DC 20460; telephone biologically meaningful response). Water Act and its implementing
number: (202) 564–1398; fax number: In 2004, EPA’s Genomics Technical regulations at 40 CFR 122, 123 and 124,
(202) 564–2070, E-mail: Framework and Training Workgroups as amended.
Gallagher.kathryn@epa.gov. were formed with the responsibility to DATES: EPA’s approval is effective on
SUPPLEMENTARY INFORMATION: The
ensure that the technical framework and March 14, 2007.
training activities build upon the FOR FURTHER INFORMATION CONTACT:
mapping of diverse animal, plant, and
Agency’s Interim Policy on Genomics Evelyn MacKnight, U.S. EPA, Region 3,
microbial species genomes using
while continuing to engage other 1650 Arch Street, Philadelphia, PA
molecular technologies has significantly
interested parties. Information 19103, or telephone her at (215) 814–
affected research across all areas of the
developed by these workgroups is 5717. Copies of materials considered by
life sciences. The current understanding
intended for use by the EPA program EPA in its decision are available for
of biological systems is rapidly changing
offices and regions to determine the review by appointment at U.S. EPA,
in ways previously unimagined and
applicability of specific genomics Region 3, 1650 Arch Street,
novel applications of this technology
information to the evaluation of risks Philadelphia, PA 19103. Appointments
have already been commercialized.
under various statutes. may be made by calling Ms. MacKnight.
These advances in genomics are likely To this end, EPA’s Genomics
to have significant implications for risk Technical Workgroup considered all of SUPPLEMENTARY INFORMATION: Section
assessment policies and regulatory the ‘‘omics’’ technologies and 402 of the Federal Clean Water Act
decision making. In 2002, EPA issued applications and decided that an (CWA) created the NPDES program
its Interim Policy on Genomics interim guidance document on the use under which the Administrator of EPA
(available at http://www.epa.gov/osa/ of data generated by DNA microarray may issue permits for the discharge of
spc/genomics.htm) that communicated technology would be most beneficial to pollutants into waters of the United
the Agency’s initial approach to using the Agency and regulated community at States when consistent with the CWA.
genomics information in risk assessment this time. Consequently, this document Section 402(b) allows States to assume
and decision making. The Interim describes data submission, quality, NPDES program responsibilities upon
Policy described genomics as the study analysis, management and training approval by EPA. On April 1, 1974,
of all the genes of a cell or tissue, at the considerations for microarray-based Delaware was authorized by EPA to
DNA (genotype), mRNA (transcriptome), assays. It is important to note that administer the NPDES program; the
or protein (proteome) level. While microarray technology is rapidly State also received the authority to
noting that the understanding of changing, such that methodologies for administer the General Permits program
genomics is far from established, the generating such data and ensuring its on October 23, 1992.
Agency stated that such data may be quality will likely change; however the EPA has established a regulation at 40
considered in the decision making need to ensure consistency and quality CFR Part 123 that establishes the
process, but that these data alone were in generating, analyzing and using the requirements for NPDES State Programs.
insufficient as a basis for decisions. data will not. As the state of the science Section 123.62 establishes procedures
Following the release of the Interim develops, EPA plans to revisit this for the revision of authorized NPDES
Policy, EPA’s Science Policy Council guidance as necessary. State Programs. Pursuant to § 123.62(a),
(SPC) created a cross-EPA Genomics EPA will consider all peer review and a State may initiate a program revision
Task Force and charged it with public comments in finalizing its and must keep EPA informed of any
examining the broader implications Interim Guidance for Microarray-Based proposed modifications to its regulatory
genomics is likely to have on EPA Assays. To obtain additional authority. On July 28, 2003, the State of
programs and policies. The Genomics information, visit: http://www.epa.gov/ Delaware submitted to EPA for review
Task Force developed a Genomics osa/spc/genomicsguidance.htm and approval revisions to the
White Paper entitled ‘‘Potential regulations implementing the State’s
Dated: March 9, 2007.
Implications of Genomics for Regulatory NPDES program. The State made
and Risk Assessment Applications at Elizabeth Lee Hofmann, significant revisions to sections 1
EPA’’ (available at http://www.epa.gov/ Acting Chief Scientist, Office of the Science through 8 and sections 10 through 14 of
osa/genomics.htm). That document Advisor. its Department of Natural Resources and
identified four areas likely to be [FR Doc. E7–4650 Filed 3–13–07; 8:45 am] Environmental Control’s (DNREC)
influenced by the generation of BILLING CODE 6560–50–P March 15, 1974 Regulations Governing
genomics information within EPA and the Control of Water Pollution, which
the submission of such information to EPA has determined constituted a
EPA: (1) Prioritization of contaminants ENVIRONMENTAL PROTECTION substantial revision to Delaware’s
and contaminated sites; (2) monitoring; AGENCY authorized NPDES program. EPA
(3) reporting provisions; and (4) risk [FRL–8287–5] determined that the State’s submittal
assessment. The Task Force identified was complete on November 19, 2003,
the establishment of a framework for Notice of Approval of Revisions to with the submittal of a statement from
analysis and acceptance criteria for Delaware’s National Pollutant the State’s Attorney General’s office
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genomics information for scientific and Discharge Elimination System which certified that the regulations were
regulatory purposes as a critical need. (NPDES) Program duly adopted pursuant to State law.
The Task Force recommended that the AGENCY: Environmental Protection EPA solicited public comments as to
Agency charge a workgroup to establish Agency (EPA). whether it should approve or
such a framework and in doing so disapprove the revisions on February
ACTION: Notice of approval.
consider the performance of assays 10, 2004 (69 FR 6289) pursuant to

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