Federal Register / Vol. 72, No. 182 / Thursday, September 20, 2007 / Proposed Rules 53749 

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 ............................................................................................................................................... § 175.10 

* * * * * * * 

* * * * * 

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: 

§ 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. 

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); 

(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 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Reopening of comment period; 

notice of availability of new 

information. 


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 

http://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 

http://www.usgs.gov/newsroom/special/ 

polar_bears/; or 

• Via link to the USGS Web site from 

the Service’s Web site: http:// 

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 


pwalker on PROD1PC71 with PROPOSALS
Federal Register / Vol. 72, No. 182 / Thursday, September 20, 2007 / Proposed Rules 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 

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 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; extension of 

comment period. 

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: 

• 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 http://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. 

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 


pwalker on PROD1PC71 with PROPOSALS