Endangered and Threatened Wildlife and Plants; 12-Month Petition Finding and Proposed Rule To List the Polar Bear (Ursus Maritimus) as Threatened Throughout Its Range, 53749-53751 [07-4652]

Download as PDF 53749 Federal Register / Vol. 72, No. 182 / Thursday, September 20, 2007 / Proposed Rules 2. In § 171.7, in paragraph (a)(3), in the Table, an entry for the International Electrotechnical Commission is added in appropriate alphabetical order to read as follows: § 171.7 * Reference material. * * (a) * * * (3) * * * * Source and name of material * 49 CFR reference * * * * * * ´ International Electrotechnical Commission (IEC) 3, rue de Varembe, P.O. Box 131, CH—1211, GENEVA 20, Switzerland: Fuel cell technologies—Part 6–1: Micro fuel cell power systems—Safety, IEC/PAS 62282–6–1 First Edition, with Technical Corrigendum 1, 2006 ............................................................................................................................................... * * * * * * * * 2. In § 171.8, two new definitions for ‘‘fuel cell’’ and ‘‘fuel cell cartridge’’ are added in alphabetical order to read as follows: § 171.8 Definitions and abbreviations. * * * * * Fuel cell means an electrochemical device that converts the energy of the chemical reaction between a fuel, such as hydrogen or hydrogen rich gases, alcohols, hydrocarbons, and an oxidant, such as air or oxygen, to direct current (d.c.) power, heat, and other reaction products. Fuel cell cartridge or Fuel cartridge means a removable article that contains and supplies fuel to the micro fuel cell power unit or internal reservoir, not to be refilled by the user. * * * * * PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS 3. The authority citation for part 173 continues to read as follows: Authority: 49 U.S.C. 5101–5128, 44701; 49 CFR 1.45, 1.53. 4. In § 173.230, paragraph (a) is revised and new paragraph (d) is added, to read as follows: pwalker on PROD1PC71 with PROPOSALS § 173.230 Fuel cell cartridges containing flammable liquids. (a) A fuel cell cartridge must be designed and constructed to prevent the fuel it contains from leaking during normal conditions of transportation and be free of electric charge generating components. * * * * * (d) Fuel cells intended for transportation in carry-on baggage on board passenger aircraft must also comply with the applicable provisions prescribed in § 175.10 of this subchapter. VerDate Aug<31>2005 17:12 Sep 19, 2007 Jkt 211001 * * PART 175—CARRIAGE BY AIRCRAFT 5. The authority citation for part 175 continues to read as follows: Authority: 49 U.S.C. 5101–5128, 44701; 49 CFR 1.45, 1.53. 6. In § 175.10, paragraph (a)(18) is added to read as follows: § 175.10 Exceptions for passengers, crew members, and air operators. (a) * * * (18) Portable electronic devices (for example, cameras, cellular phones, laptop computers, and camcorders) powered by fuel cell systems, and not more than two spare fuel cartridges per passenger or crew member, when transported in carry-on baggage by aircraft under the following conditions: (i) Fuel cell cartridges may contain only Class 3 flammable liquids (including methanol), Class 8 formic acid, Class 8 borohydride materials, or Division 2.1 butane; (ii) The maximum quantity of fuel in any fuel cell cartridge may not exceed: (A) 200 mL (6.76 ounces) for liquids, (B) 120 mL (4 fluid ounces) for liquefied gases in non-metallic fuel cell cartridges, or 200 mL for metal fuel cell cartridges; (C) 200 g (7 ounces) for solids; (iii) No more than two spare fuel cell cartridges may be carried by a passenger; (iv) Fuel cell systems containing fuel and fuel cell cartridges including spare cartridges are permitted in carry-on baggage only; (v) Fuel cell cartridges may not be refillable by the user. Refueling of fuel cell systems is not permitted except that the installation of a spare cartridge is allowed. Fuel cell cartridges that are used to refill fuel cell systems but that are not designed or intended to remain installed (fuel cell refills) in a portable electronic device are not permitted; (vi) Fuel cell systems and fuel cell cartridges must conform to IEC/PAS 62282–6–1 (IBR; see § 171.7 of this subchapter); PO 00000 Frm 00051 Fmt 4702 Sfmt 4702 * * § 175.10 * (vii) Interaction between fuel cells and integrated batteries in a device must conform to IEC/PAS 62282–6–1. Fuel cell systems for which the sole function is to charge a battery in the device are not permitted; (viii) Fuel cell systems must be of a type that will not charge batteries when the portable electronic device is not in use; and (ix) Each fuel cell cartridge and system that conforms to the requirements in this paragraph (a)(18) must be durably marked by the manufacturer with the wording: ‘‘APPROVED FOR CARRIAGE IN AIRCRAFT CABIN ONLY’’ to certify that the fuel cell cartridge or system meets the specifications in IEC/PAS 62282–6–1 and with the maximum quantity and type of fuel contained in the cartridge or system. * * * * * Issued in Washington, DC, on September 14, 2007, under the authority delegated in 49 CFR part 106. Theodore L. Willke, Associate Administrator for Hazardous Materials Safety. [FR Doc. E7–18532 Filed 9–19–07; 8:45 am] BILLING CODE 4910–60–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 RIN 1018–AV19 Endangered and Threatened Wildlife and Plants; 12-Month Petition Finding and Proposed Rule To List the Polar Bear (Ursus Maritimus) as Threatened Throughout Its Range Fish and Wildlife Service, Interior. ACTION: Reopening of comment period; notice of availability of new information. AGENCY: E:\FR\FM\20SEP1.SGM 20SEP1 pwalker on PROD1PC71 with PROPOSALS 53750 Federal Register / Vol. 72, No. 182 / Thursday, September 20, 2007 / Proposed Rules SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the availability of nine new United States Geological Survey (USGS) reports produced for the Service to provide current data and modeling outputs relevant to the final determination of whether the polar bear (Ursus maritimus) qualifies for listing under the Endangered Species Act of 1973, as amended (Act). We intend to take these reports into consideration as we make our final listing determination on the polar bear. We also are reopening the public comment period on the January 9, 2007, proposed rule to list the polar bear as threatened throughout its range under the Act (72 FR 1064). We are reopening the comment period for an additional 15 days to allow interested parties to comment on the nine USGS reports listed below. The comment period is being limited to 15 days because of the statutory deadline, which requires a final listing determination within one year of publication of the proposed rule, unless an extension of up to six months is granted due to substantial disagreement regarding the sufficiency or accuracy of the available data relevant to the determination. Please note that comments previously submitted should not be resubmitted. This comment period is open only for comments on the nine USGS reports listed below. Comments submitted during the prior comment period have been incorporated into the public record and will be fully considered during preparation of our final determination. DATES: We will accept public comments until October 5, 2007. ADDRESSES: You may submit comments and materials to us by any one of the following methods: (1) You may mail or hand-deliver written comments and information to the Supervisor, U.S. Fish and Wildlife Service, Marine Mammals Management Office, 1011 East Tudor Road, Anchorage, AK 99503. (2) You may send comments by electronic mail (e-mail) to: Polar_Bear_Finding@fws.gov. For instructions on how to file comments electronically, see the ‘‘Public Comments Solicited’’ section below. In the event that our Internet connection is not functional, please submit your comments by one of the alternate methods listed in this section. (3) You may submit your comments via the Federal eRulemaking Portal at https://www.regulations.gov. Follow the instructions for submitting comments. For information on obtaining copies of the nine USGS reports, see the VerDate Aug<31>2005 17:12 Sep 19, 2007 Jkt 211001 ‘‘Obtaining Copies of the Nine USGS reports’’ section below. FOR FURTHER INFORMATION CONTACT: Rosa Meehan, Marine Mammals Management Office (see ADDRESSES) (telephone 907– 786–3800). Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800–877–8339. SUPPLEMENTARY INFORMATION: On January 9, 2007 (72 FR 1064), the Service published a 12-month petition finding and proposed rule to list the polar bear (Ursus maritimus) as threatened throughout its range under the Act. The document announced a 3month public comment period on the proposed rule, which closed on April 9, 2007. We also held three public hearings during the proposed rule’s comment period, as announced in the February 15, 2007, Federal Register (72 FR 7381). On September 7, 2007, the Service received nine reports prepared by the USGS that provide new data and modeling outputs relevant to the final determination of whether the polar bear qualifies for listing as threatened or endangered under the Act. These reports are: (1) Polar Bear Population Status in the Northern Beaufort Sea by Stirling et al. (2) Polar Bear Population Status in Southern Hudson Bay Canada by Obbard et al. (3) Polar Bears in the Southern Beaufort Sea I: Survival and Breeding in Relation to Sea Ice Conditions, 2001– 2006 by Regehr et al. (4) Polar Bears in the Southern Beaufort Sea II: Demography and Population Growth in Relation to Sea Ice Conditions by Hunter et al. (5) Polar Bears in the Southern Beaufort Sea III: Stature, Mass, and Cub Recruitment in Relationship to Time and Sea Ice Extent Between 1982 and 2006 by Rode et al. (6) Uncertainty in Climate Model Predictions of Arctic Sea Ice Decline: An Evaluation Relevant to Polar Bears by DeWeaver. (7) Predicting the Future Distribution of Polar Bear Habitat in the Polar Basin from Resource Selection Functions Applied to 21st Century General Circulation Model Projections of Sea Ice by Durner et al. (8) Predicting Movements of Female Polar Bears between Summer Sea Ice Foraging Habitats and Terrestrial Denning Habitats of Alaska in the 21st Century: Proposed Methodology and Pilot Assessment by Bergen et al. (9) Forecasting the Range-wide Status of Polar Bears at Selected Times in the 21st Century by Amstrup et al. PO 00000 Frm 00052 Fmt 4702 Sfmt 4702 We are notifying the public of the availability of these reports and our intent to consider them in making our final listing determination. We also are reopening the comment period for 15 days to provide the public the opportunity to provide comments or information on these reports. We are asking for public comments on these reports and a review of the extent to which they add to the knowledge base for making the final decision. Obtaining Copies of the Nine USGS Reports You may obtain copies of any of the nine USGS reports: • By mail from the U.S. Department of the Interior, United States Geological Survey, Office of Communication, 119 National Center, Reston, VA 20192; • By calling USGS Public Affairs at (703) 648–4460; • By visiting the USGS Web site at https://www.usgs.gov/newsroom/special/ polar_bears/; or • Via link to the USGS Web site from the Service’s Web site: https:// www.fws.gov/. Copies of the reports are also available for public inspection, by appointment during normal business hours, at the U.S. Fish and Wildlife Service, Marine Mammals Management Office (see ADDRESSES). Public Comments Solicited Comments and information submitted during the initial comment period on the January 9, 2007 (72 FR 1064), proposed rule should not be resubmitted, as this comment period is open only for comments on the nine USGS reports listed above. Our final determination of whether the polar bear qualifies as threatened or endangered under the Act will take into consideration all comments and information we receive during both comment periods. You may submit your comments and any materials concerning the above reports by any one of several methods (see ADDRESSES). If you use e-mail to submit your comments, please include ‘‘Attn: Polar Bear Finding’’ in your email subject header, preferably with your name and return address in the body of your message. Before including your address, phone number, e-mail address, or other personal identifying information in your comments, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold from public view your personal identifying information, we E:\FR\FM\20SEP1.SGM 20SEP1 Federal Register / Vol. 72, No. 182 / Thursday, September 20, 2007 / Proposed Rules cannot guarantee that we will be able to do so. Author The primary author of this notice is staff of the U.S. Fish and Wildlife Service. Authority: The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). Dated: September 13, 2007. H. Dale Hall, Director, U.S. Fish and Wildlife Service. [FR Doc. 07–4652 Filed 9–17–07; 11:03 am] BILLING CODE 4310–55–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 070627217–7218–01] RIN 0648–AV70 Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Region Standardized Bycatch Reporting Methodology Omnibus Amendment National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; extension of comment period. AGENCY: pwalker on PROD1PC71 with PROPOSALS SUMMARY: NMFS extends for 4 days the comment period on the proposed rule to implement the Standardized Bycatch Reporting Methodology (SBRM) Omnibus Amendment (SBRM Amendment) to the Fishery Management Plans (FMPs) of the Northeast Region, developed by the Mid-Atlantic and New England Fishery Management Councils (Councils). DATES: The deadline for written comments on the August 21, 2007 (72 FR 46588), proposed rule is extended from September 20, 2007, to no later than 5 p.m. on September 24, 2007. ADDRESSES: You may submit comments by any of the following methods: VerDate Aug<31>2005 17:29 Sep 19, 2007 Jkt 211001 • E-mail: SBRM.Amend.PR@noaa.gov. Include in the subject line the following identifier: ‘‘Comments on the Proposed Rule to implement the SBRM Omnibus Amendment.’’ • Federal e-rulemaking portal: http:/ www.regulations.gov. • Mail: Patricia A. Kurkul, Regional Administrator, NMFS, Northeast Regional Office, One Blackburn Drive, Gloucester, MA 01930. Mark the outside of the envelope: ‘‘Comments on the Proposed Rule to implement the SBRM Omnibus Amendment.’’ • Fax: (978) 281–9135 Copies of the SBRM Amendment, and of the draft Environmental Assessment and preliminary Regulatory Impact Review (EA/RIR), are available from Daniel T. Furlong, Executive Director, Mid-Atlantic Fishery Management Council, Room 2115, Federal Building, 300 South New Street, Dover, DE 19901–6790; and from Paul J. Howard, Executive Director, New England Fishery Management Council, 50 Water Street, Newburyport, MA 01950. The EA/RIR is also accessible via the Internet at https://www.nero.noaa.gov. FOR FURTHER INFORMATION CONTACT: Michael Pentony, Senior Fishery Policy Analyst, 978–281–9283. SUPPLEMENTARY INFORMATION: Background Section 303(a)(11) of the MagnusonStevens Act requires that all FMPs ‘‘establish a standardized reporting methodology to assess the amount and type of bycatch occurring in the fishery.’’ In 2004, several conservation organizations challenged the approval of two major amendments to Northeast Region FMPs. In ruling on these suits, the U.S. District Court for the District of Columbia found that the FMPs did not clearly establish an SBRM as required under the relevant section of the Magnuson-Stevens Act and remanded the amendments back to the agency to fully develop and establish the required SBRM. In particular, the Court found that the amendments (1) failed to fully evaluate reporting methodologies to assess bycatch, (2) did not mandate an SBRM, and (3) failed to respond to potentially important scientific evidence. PO 00000 Frm 00053 Fmt 4702 Sfmt 4702 53751 In response, the Councils, working closely with NMFS, undertook development of a remedy that would address all Northeast Region FMPs. The Councils took final action to adopt the SBRM Amendment at their meetings in June 2007, and submitted the amendment for review shortly thereafter. This amendment covers 13 FMPs, 39 managed species, and 14 types of fishing gear. The purpose of the amendment is to: Explain the methods and processes by which bycatch is currently monitored and assessed for Northeast Region fisheries; determine whether these methods and processes need to be modified and/or supplemented; establish standards of precision for bycatch estimation for all Northeast Region fisheries; and, thereby, document the SBRM established for all fisheries managed through the FMPs of the Northeast Region. The amendment also responds to the ‘‘potentially important scientific evidence’’ cited by the Court in the two decisions referenced above. On July 26, 3007 (72 FR 41047), NMFS published a notice of availability that requested comments on the SBRM Amendment and draft Environmental Assessment. The comment period on the notice of availability closes on September 24, 2007. On August 21, 2007 (72 FR 46588), NMFS published a proposed rule that requested comments on the regulations to implement the SBRM Amendment. The comment period on the proposed rule was scheduled to close on September 20, 2007. In order to provide the maximum opportunity for the public to review and provide comments on the proposed rule to implement the SBRM Amendment, NMFS is extending the comment period on the proposed rule to 5 p.m. on September 24, 2007. With this extension, both comment periods will end at the same time. Dated: September 17, 2007. Samuel D. Rauch III, Deputy Assistant Administrator For Regulatory Programs, National Marine Fisheries Service. [FR Doc. E7–18590 Filed 9–19–07; 8:45 am] BILLING CODE 3510–22–S E:\FR\FM\20SEP1.SGM 20SEP1

Agencies

[Federal Register Volume 72, Number 182 (Thursday, September 20, 2007)]
[Proposed Rules]
[Pages 53749-53751]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-4652]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AV19


Endangered and Threatened Wildlife and Plants; 12-Month Petition 
Finding and Proposed Rule To List the Polar Bear (Ursus Maritimus) as 
Threatened Throughout Its Range

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Reopening of comment period; notice of availability of new 
information.

-----------------------------------------------------------------------

[[Page 53750]]

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
availability of nine new United States Geological Survey (USGS) reports 
produced for the Service to provide current data and modeling outputs 
relevant to the final determination of whether the polar bear (Ursus 
maritimus) qualifies for listing under the Endangered Species Act of 
1973, as amended (Act). We intend to take these reports into 
consideration as we make our final listing determination on the polar 
bear. We also are reopening the public comment period on the January 9, 
2007, proposed rule to list the polar bear as threatened throughout its 
range under the Act (72 FR 1064). We are reopening the comment period 
for an additional 15 days to allow interested parties to comment on the 
nine USGS reports listed below. The comment period is being limited to 
15 days because of the statutory deadline, which requires a final 
listing determination within one year of publication of the proposed 
rule, unless an extension of up to six months is granted due to 
substantial disagreement regarding the sufficiency or accuracy of the 
available data relevant to the determination.
    Please note that comments previously submitted should not be 
resubmitted. This comment period is open only for comments on the nine 
USGS reports listed below. Comments submitted during the prior comment 
period have been incorporated into the public record and will be fully 
considered during preparation of our final determination.

DATES: We will accept public comments until October 5, 2007.

ADDRESSES: You may submit comments and materials to us by any one of 
the following methods:
    (1) You may mail or hand-deliver written comments and information 
to the Supervisor, U.S. Fish and Wildlife Service, Marine Mammals 
Management Office, 1011 East Tudor Road, Anchorage, AK 99503.
    (2) You may send comments by electronic mail (e-mail) to: Polar--
Bear--Finding@fws.gov. For instructions on how to file comments 
electronically, see the ``Public Comments Solicited'' section below. In 
the event that our Internet connection is not functional, please submit 
your comments by one of the alternate methods listed in this section.
    (3) You may submit your comments via the Federal eRulemaking Portal 
at https://www.regulations.gov. Follow the instructions for submitting 
comments.
    For information on obtaining copies of the nine USGS reports, see 
the ``Obtaining Copies of the Nine USGS reports'' section below.

FOR FURTHER INFORMATION CONTACT: Rosa Meehan, Marine Mammals Management 
Office (see ADDRESSES) (telephone 907-786-3800). Persons who use a 
telecommunications device for the deaf (TDD) may call the Federal 
Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION: On January 9, 2007 (72 FR 1064), the Service 
published a 12-month petition finding and proposed rule to list the 
polar bear (Ursus maritimus) as threatened throughout its range under 
the Act. The document announced a 3-month public comment period on the 
proposed rule, which closed on April 9, 2007. We also held three public 
hearings during the proposed rule's comment period, as announced in the 
February 15, 2007, Federal Register (72 FR 7381).
    On September 7, 2007, the Service received nine reports prepared by 
the USGS that provide new data and modeling outputs relevant to the 
final determination of whether the polar bear qualifies for listing as 
threatened or endangered under the Act. These reports are:
    (1) Polar Bear Population Status in the Northern Beaufort Sea by 
Stirling et al.
    (2) Polar Bear Population Status in Southern Hudson Bay Canada by 
Obbard et al.
    (3) Polar Bears in the Southern Beaufort Sea I: Survival and 
Breeding in Relation to Sea Ice Conditions, 2001-2006 by Regehr et al.
    (4) Polar Bears in the Southern Beaufort Sea II: Demography and 
Population Growth in Relation to Sea Ice Conditions by Hunter et al.
    (5) Polar Bears in the Southern Beaufort Sea III: Stature, Mass, 
and Cub Recruitment in Relationship to Time and Sea Ice Extent Between 
1982 and 2006 by Rode et al.
    (6) Uncertainty in Climate Model Predictions of Arctic Sea Ice 
Decline: An Evaluation Relevant to Polar Bears by DeWeaver.
    (7) Predicting the Future Distribution of Polar Bear Habitat in the 
Polar Basin from Resource Selection Functions Applied to 21st Century 
General Circulation Model Projections of Sea Ice by Durner et al.
    (8) Predicting Movements of Female Polar Bears between Summer Sea 
Ice Foraging Habitats and Terrestrial Denning Habitats of Alaska in the 
21st Century: Proposed Methodology and Pilot Assessment by Bergen et 
al.
    (9) Forecasting the Range-wide Status of Polar Bears at Selected 
Times in the 21st Century by Amstrup et al.
    We are notifying the public of the availability of these reports 
and our intent to consider them in making our final listing 
determination. We also are reopening the comment period for 15 days to 
provide the public the opportunity to provide comments or information 
on these reports. We are asking for public comments on these reports 
and a review of the extent to which they add to the knowledge base for 
making the final decision.

Obtaining Copies of the Nine USGS Reports

    You may obtain copies of any of the nine USGS reports:
     By mail from the U.S. Department of the Interior, United 
States Geological Survey, Office of Communication, 119 National Center, 
Reston, VA 20192;
     By calling USGS Public Affairs at (703) 648-4460;
     By visiting the USGS Web site at https://www.usgs.gov/
newsroom/special/polar_bears/; or
     Via link to the USGS Web site from the Service's Web site: 
https://www.fws.gov/.
    Copies of the reports are also available for public inspection, by 
appointment during normal business hours, at the U.S. Fish and Wildlife 
Service, Marine Mammals Management Office (see ADDRESSES).

Public Comments Solicited

    Comments and information submitted during the initial comment 
period on the January 9, 2007 (72 FR 1064), proposed rule should not be 
resubmitted, as this comment period is open only for comments on the 
nine USGS reports listed above. Our final determination of whether the 
polar bear qualifies as threatened or endangered under the Act will 
take into consideration all comments and information we receive during 
both comment periods.
    You may submit your comments and any materials concerning the above 
reports by any one of several methods (see ADDRESSES). If you use e-
mail to submit your comments, please include ``Attn: Polar Bear 
Finding'' in your e-mail subject header, preferably with your name and 
return address in the body of your message.
    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comments, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold from public view your personal 
identifying information, we

[[Page 53751]]

cannot guarantee that we will be able to do so.

Author

    The primary author of this notice is staff of the U.S. Fish and 
Wildlife Service.

    Authority: The authority for this action is the Endangered 
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: September 13, 2007.
H. Dale Hall,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 07-4652 Filed 9-17-07; 11:03 am]
BILLING CODE 4310-55-P
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