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

FOR FURTHER INFORMATION CONTACT: Dr. 

Kathryn Gallagher, Office of the Science 

Advisor, Mail Code 8105–R, U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460; telephone 

number: (202) 564–1398; fax number: 

(202) 564–2070, E-mail: 

Gallagher.kathryn@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

mapping of diverse animal, plant, and 

microbial species genomes using 

molecular technologies has significantly 

affected research across all areas of the 

life sciences. The current understanding 

of biological systems is rapidly changing 

in ways previously unimagined and 

novel applications of this technology 

have already been commercialized. 

These advances in genomics are likely 

to have significant implications for risk 

assessment policies and regulatory 

decision making. In 2002, EPA issued 

its Interim Policy on Genomics 

(available at http://www.epa.gov/osa/ 

spc/genomics.htm) that communicated 

the Agency’s initial approach to using 

genomics information in risk assessment 

and decision making. The Interim 

Policy described genomics as the study 

of all the genes of a cell or tissue, at the 

DNA (genotype), mRNA (transcriptome), 

or protein (proteome) level. While 

noting that the understanding of 

genomics is far from established, the 

Agency stated that such data may be 

considered in the decision making 

process, but that these data alone were 

insufficient as a basis for decisions. 

Following the release of the Interim 

Policy, EPA’s Science Policy Council 

(SPC) created a cross-EPA Genomics 

Task Force and charged it with 

examining the broader implications 

genomics is likely to have on EPA 

programs and policies. The Genomics 

Task Force developed a Genomics 

White Paper entitled ‘‘Potential 

Implications of Genomics for Regulatory 

and Risk Assessment Applications at 

EPA’’ (available at http://www.epa.gov/ 

osa/genomics.htm). That document 

identified four areas likely to be 

influenced by the generation of 

genomics information within EPA and 

the submission of such information to 

EPA: (1) Prioritization of contaminants 

and contaminated sites; (2) monitoring; 

(3) reporting provisions; and (4) risk 

assessment. The Task Force identified 

the establishment of a framework for 

analysis and acceptance criteria for 

genomics information for scientific and 

regulatory purposes as a critical need. 

The Task Force recommended that the 

Agency charge a workgroup to establish 

such a framework and in doing so 

consider the performance of assays 

across genomic platforms (e.g., 

reproducibility, sensitivity, pathway 

analysis tools) and the criteria for 

accepting genomics data for use in a risk 

assessment (e.g., assay validity, 

biologically meaningful response). 

In 2004, EPA’s Genomics Technical 

Framework and Training Workgroups 

were formed with the responsibility to 

ensure that the technical framework and 

training activities build upon the 

Agency’s Interim Policy on Genomics 

while continuing to engage other 

interested parties. Information 

developed by these workgroups is 

intended for use by the EPA program 

offices and regions to determine the 

applicability of specific genomics 

information to the evaluation of risks 

under various statutes. 

To this end, EPA’s Genomics 

Technical Workgroup considered all of 

the ‘‘omics’’ technologies and 

applications and decided that an 

interim guidance document on the use 

of data generated by DNA microarray 

technology would be most beneficial to 

the Agency and regulated community at 

this time. Consequently, this document 

describes data submission, quality, 

analysis, management and training 

considerations for microarray-based 

assays. It is important to note that 

microarray technology is rapidly 

changing, such that methodologies for 

generating such data and ensuring its 

quality will likely change; however the 

need to ensure consistency and quality 

in generating, analyzing and using the 

data will not. As the state of the science 

develops, EPA plans to revisit this 

guidance as necessary. 

EPA will consider all peer review and 

public comments in finalizing its 

Interim Guidance for Microarray-Based 

Assays. To obtain additional 

information, visit: http://www.epa.gov/ 

osa/spc/genomicsguidance.htm 

Dated: March 9, 2007. 

Elizabeth Lee Hofmann, 

Acting Chief Scientist, Office of the Science 

Advisor. 

[FR Doc. E7–4650 Filed 3–13–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8287–5] 

Notice of Approval of Revisions to 

Delaware’s National Pollutant 

Discharge Elimination System 

(NPDES) Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of approval. 

SUMMARY: Notice is hereby given of 

approval of the submittal by the State of 

Delaware of its new and revised NPDES 

regulations to maintain consistency 

with the requirements of the Clean 

Water Act and its implementing 

regulations at 40 CFR 122, 123 and 124, 

as amended. 

DATES: EPA’s approval is effective on 

March 14, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Evelyn MacKnight, U.S. EPA, Region 3, 

1650 Arch Street, Philadelphia, PA 

19103, or telephone her at (215) 814–

5717. Copies of materials considered by 

EPA in its decision are available for 

review by appointment at U.S. EPA, 

Region 3, 1650 Arch Street, 

Philadelphia, PA 19103. Appointments 

may be made by calling Ms. MacKnight. 

SUPPLEMENTARY INFORMATION: Section 

402 of the Federal Clean Water Act 

(CWA) created the NPDES program 

under which the Administrator of EPA 

may issue permits for the discharge of 

pollutants into waters of the United 

States when consistent with the CWA. 

Section 402(b) allows States to assume 

NPDES program responsibilities upon 

approval by EPA. On April 1, 1974, 

Delaware was authorized by EPA to 

administer the NPDES program; the 

State also received the authority to 

administer the General Permits program 

on October 23, 1992. 

EPA has established a regulation at 40 

CFR Part 123 that establishes the 

requirements for NPDES State Programs. 

Section 123.62 establishes procedures 

for the revision of authorized NPDES 

State Programs. Pursuant to § 123.62(a), 

a State may initiate a program revision 

and must keep EPA informed of any 

proposed modifications to its regulatory 

authority. On July 28, 2003, the State of 

Delaware submitted to EPA for review 

and approval revisions to the 

regulations implementing the State’s 

NPDES program. The State made 

significant revisions to sections 1 

through 8 and sections 10 through 14 of 

its Department of Natural Resources and 

Environmental Control’s (DNREC) 

March 15, 1974 Regulations Governing 

the Control of Water Pollution, which 

EPA has determined constituted a 

substantial revision to Delaware’s 

authorized NPDES program. EPA 

determined that the State’s submittal 

was complete on November 19, 2003, 

with the submittal of a statement from 

the State’s Attorney General’s office 

which certified that the regulations were 

duly adopted pursuant to State law. 

EPA solicited public comments as to 

whether it should approve or 

disapprove the revisions on February 

10, 2004 (69 FR 6289) pursuant to 


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Federal Register / Vol. 72, No. 49 / Wednesday, March 14, 2007 / Notices 11875 

Federal regulations at 40 CFR 

123.62(b)(2) . EPA received no 

comments in response to the public 

notice. 

As part of EPA’s obligation under the 

Endangered Species Act, EPA prepared 

a biological evaluation to determine if 

approval of the revised Regulations 

Governing the Control of Water 

Pollution will adversely affect 

threatened and endangered species and 

their critical habitat in Delaware. The 

biological evaluation found that EPA’s 

approval would not adversely affect 

threatened or endangered species. EPA 

shared this evaluation with the U.S. 

Fish and Wildlife Service and the 

National Marine Fisheries Services and 

they concurred with EPA’s finding on 

October 9, 2003 and November 7, 2003, 

respectively. 

Regulatory Flexibility Act Based on 

General Counsel Opinion 78–7 (April 

18, 1978) 

EPA has long considered a 

determination to approve or deny a 

State NPDES program submittal to 

constitute an adjudication because an 

‘‘approval,’’ within the meaning of the 

APA, constitutes a ‘‘license,’’ which, in 

turn, is the product of an 

‘‘adjudication.’’ For this reason, the 

statutes and Executive Orders that apply 

to rulemaking action are not applicable 

here. Among these are provisions of the 

Regulatory Flexibility Act (RFA), 5 

U.S.C. 601 et seq. Under the RFA, 

whenever a Federal agency proposes or 

promulgates a rule under Section 553 of 

the Administrative Procedure Act 

(APA), after being required by that 

section or any other law to publish a 

general notice of proposed rulemaking, 

the Agency must prepare a regulatory 

flexibility analysis for the rule, unless 

the Agency certifies that the rule will 

not have a significant economic impact 

on a substantial number of small 

entities. If the Agency does not certify 

the rule, the regulatory flexibility 

analysis must describe and assess the 

impact of a rule on small entities 

affected by the rule. Even if this 

approval of revisions to Delaware’s 

NPDES program were a rule subject to 

the RFA, the Agency would certify that 

approval of the State’s revised NPDES 

program would not have a significant 

economic impact on a substantial 

number of small entities. EPA’s action 

to approve an NPDES program merely 

recognizes that the necessary elements 

of an NPDES program have already been 

enacted as a matter of State law; it 

would, therefore, impose no additional 

obligations upon those subject to the 

State’s program. Accordingly, the 

Regional Administrator would certify 

that this approval, even if a rule, would 

not have a significant economic impact 

on a substantial number of small 

entities. 

Notice of Decision: I hereby provide 

public notice of the Agency’s approval, 

pursuant to 40 CFR 123.62, of the State 

of Delaware’s revisions to its 

Regulations Governing the Control of 

Water Pollution, as consistent with the 

requirements of the Clean Water Act 

NPDES Program. 

Dated: February 15, 2007. 

William T. Wisniewski, 

Acting Regional Administrator, Region 3. 

[FR Doc. E7–4643 Filed 3–13–07; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

Notice of Public Information 

Collection(s) Being Reviewed by the 

Federal Communications Commission 

for Extension Under Delegated 

Authority 

March 5, 2007. 

SUMMARY: The Federal Communications 

Commission, as part of its continuing 

effort to reduce paperwork burden 

invites the general public and other 

Federal agencies to take this 

opportunity to comment on the 

following information collection(s), as 

required by the Paperwork Reduction 

Act of 1995, Public Law 104–13. An 

agency may not conduct or sponsor a 

collection of information unless it 

displays a currently valid control 

number. No person shall be subject to 

any penalty for failing to comply with 

a collection of information subject to the 

Paperwork Reduction Act (PRA) that 

does not display a valid control number. 

Comments are requested concerning (a) 

Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

Commission, including whether the 

information shall have practical utility; 

(b) the accuracy of the Commission’s 

burden estimate; (c) ways to enhance 

the quality, utility, and clarity of the 

information collected; and (d) ways to 

minimize the burden of the collection of 

information on the respondents, 

including the use of automated 

collection techniques or other forms of 

information technology. 

DATES: Persons wishing to comment on 

this information collection should 

submit comments May 14, 2007. If you 

anticipate that you will be submitting 

comments, but find it difficult to do so 

within the period of time allowed by 

this notice, you should advise the 

contact listed below as soon as possible. 

ADDRESSES: Direct all PRA comments to 

Allison E. Zaleski, Office of 

Management and Budget (OMB), Room 

10236 NEOB, Washington, DC 20503, 

(202) 395–6466, or via fax at 202–395–

5167, or via the Internet at 

Allison_E._Zaleski@omb.eop.gov and to 

Judith-B.Herman@fcc.gov, Federal 

Communications Commission (FCC), 

Room 1–B441, 445 12th Street, SW., 

Washington, DC 20554. To submit your 

comments by e-mail send them to: 

PRA@fcc.gov. If you would like to 

obtain or view a copy of this 

information collection after the 60 day 

comment period, you may do so by 

visiting the FCC PRA Web page at: 

http://www.fcc.gov/omd/pra. 

FOR FURTHER INFORMATION CONTACT: For 

additional information about the 

information collection(s) send an e-mail 

to PRA@fcc.gov or contact Judith B. 

Herman at 202–418–0214. 

SUPPLEMENTARY INFORMATION: 

OMB Control No.: 3060–1062. 

Title: Schools and Libraries Universal 

Service Support Mechanism—

Notification of Equipment Transfers. 

Form No.: N/A. 

Type of Review: Extension of a 

currently approved collection. 

Respondents: Business or other forprofit, not-for-profit institutions, and 

state, local or tribal government. 

Number of Respondents: 100 

respondents; 100 responses. 

Estimated Time Per Response: 1 hour. 

Frequency of Response: On occasion 

reporting requirement, recordkeeping 

requirement, and third party disclosure 

requirement. 

Obligation to Respond: Required to 

obtain or retain benefits. 

Total Annual Burden: 100 hours. 

Annual Cost Burden: N/A. 

Privacy Act Impact Assessment: N/A. 

Nature and Extent of Confidentiality: 

The Commission does not request that 

respondents submit confidential 

information to the Commission. If the 

Commission does request respondents 

to submit information that they believe 

is confidential, respondents may request 

confidential treatment of such 

information under 47 CFR 0.459. 

Needs and Uses: This collection will 

be submitted as an extension after this 

60 day comment period to Office of 

Management and Budget (OMB) in order 

to obtain the full three year clearance. 

The Commission has adjusted the 

number of respondents and burden 

hours to reflect the most current 

information available. In the event that 

a participant of the schools and libraries 

universal service mechanism (also 


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