Federal Register / Vol. 72, No. 31 / Thursday, February 15, 2007 / Proposed Rules 7381 

FIGURE 8.—AVERAGE FIRST-YEAR COMPLIANCE COSTS AS A PERCENT OF REVENUE

Type 

Average firstyear cost Average 

revenue 

Cost as a 

percent of 

revenue 

(percent) 

A B 

A/B 

Regional ....................................................................................................................................... $5,761 $45,483,871 0.01 

Local ............................................................................................................................................ 767 3,121,019 0.02 

S & T ............................................................................................................................................ 769 3,137,255 0.02 

Small Transit ................................................................................................................................ 245 590,000 0.04 

Chemical Manufacturer, 10–19 FTE ........................................................................................... 71,693 18,637,676 0.38 

Chemical Wholesaler, 10–19 FTE ............................................................................................... 71,693 6,184,695 1.16 

Agricultural Wholesaler, 10–19 FTE ............................................................................................ 71,693 6,062,925 1.18 

Source: TSA Calculations. 

7.5 Identification of Duplication, 

Overlap, and Conflict With Other Rules 

TSA has no knowledge of any 

duplicative, overlapping, or conflicting 

Federal rules. 

7.6 Preliminary Conclusion 

Based on this preliminary analysis, 

TSA has not determined if the 

rulemaking would have a significant 

economic impact on a substantial 

number of small entities under section 

605(b) of the RFA (5 U.S.C. 601 et seq.). 

The agency requests comment on all 

aspects of this analysis. TSA will 

publish a Final Regulatory Flexibility 

Analysis for the Final Rule. 

Issued in Arlington, Virginia, on February 

12, 2007. 

Mardi Ruth Thompson, 

Deputy Chief Counsel for Regulations. 

[FR Doc. 07–715 Filed 2–13–07; 10:44 am] 

BILLING CODE 9110–05–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: Proposed rule; notice of public 

informational meetings and public 

hearings. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce the 

locations and times of combined public 

meetings that have been scheduled to: 

(1) Provide information on the 12-month 

petition finding and proposed rule to 

list the polar bear (Ursus maritimus) as 

threatened throughout its range, and (2) 

Receive verbal public comments on that 

proposal. 

DATES: The meeting dates are: 

1. March 1, 2007, 7 to 10 p.m., 

Anchorage, AK. 

2. March 5, 2007, 6 to 9 p.m., 

Washington, DC. 

3. March 7, 2007, 5 to 10 p.m., 

Barrow, AK. 

We will accept written comments 

until April 9, 2007. If you wish to 

submit written comments, follow the 

directions in our January 9, 2007, 

proposed regulation (72 FR 1064). 

ADDRESSES: The meeting locations are: 

1. Anchorage—Wilda Marston 

Theatre, Z.J. Loussac Library, 3600 

Denali Street, Anchorage, AK 99503. 

2. Washington, DC—Department of 

the Interior (Sidney Yates Auditorium), 

1849 C St., NW., Washington, DC 20240. 

3. Barrow—Inupiat Heritage Center 

(Multipurpose Room), Barrow, AK 

99723. 

FOR FURTHER INFORMATION CONTACT: 

Cathy Rezabeck, Regional Outreach 

Coordinator, 1011 East Tudor Rd., MS–

101, Anchorage, AK 99503 (telephone 

907/786–3351). Persons who use a 

telecommunications device for the deaf 

(TDD) may call the Federal Information 

Relay Service (FIRS) at 1–800–877–

8339, 24 hours a day, 7 days a week. For 

information concerning the Washington, 

D.C., meeting, please contact Valerie 

Fellows, Public Affairs Specialist, U.S. 

Fish and Wildlife Service, 1849 C Street, 

NW., Washington, DC 20240 (telephone 

202/208–5634). 

SUPPLEMENTARY INFORMATION: We will 

hold a combined public informational 

meeting and public hearing at the 

following locations: Anchorage, Alaska; 

Barrow, Alaska; and Washington, DC. In 

each location, the public informational 

meeting will precede the public hearing. 

All meetings will include a 30-minute 

presentation on the Service’s status 

review of the polar bear followed by a 

30-minute question and answer period 

on the status review. We invite the 

public to provide oral testimony during 

the public hearing. 

Background 

On January 9, 2007, we published a 

proposed rule (72 FR 1064) to list the 

polar bear as threatened on the Federal 

List of Endangered and Threatened 

Wildlife in 50 CFR 17.11(h). Because of 

the wide geographic scope of the 

proposal and heightened public interest, 

we have scheduled public informational 

meetings and public hearings at three 

locations. 

Our purpose for holding these public 

informational meetings is to provide 

additional opportunities for the public 

to gain information and ask questions 

about our proposal. These informational 

sessions should assist interested parties 

in preparing substantive comments, 

which we will accept until close of 

business (5 p.m.) Alaska Local Time on 

April 9, 2007. The public hearings will 

be the only method for the public to 

verbally present comments and data for 

entry into the public record of this 

rulemaking and for our consideration 

during our final decision. Anyone 

wishing to make an oral comment or 

statement for the record at a public 

hearing listed above is encouraged (but 

not required) to also provide a written 

copy of the statement and present it to 

us at the hearing. Oral and written 

statements receive equal consideration. 

In the event there is a large attendance, 

the time allotted for oral statements may 

be limited. 

Comments and data can also be 

submitted in writing or electronically, 

as described in the January 9, 2007, 

proposal, and at: http://alaska.fws.gov/ 

fisheries/mmm/polarbear/issues.htm. 

Public Comments Solicited 

We intend that any final action 

resulting from the proposed rule will be 


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7382 Federal Register / Vol. 72, No. 31 / Thursday, February 15, 2007 / Proposed Rules 

as accurate and as effective as possible. 

Therefore, we request comments or 

information from the public, other 

concerned governmental agencies, the 

scientific community, industry, or any 

other interested party concerning the 

proposed rule. We particularly seek 

comments concerning: 

(1) Information on taxonomy, 

distribution, habitat selection 

(especially denning habitat), food 

habits, population density and trends, 

habitat trends, and effects of 

management on polar bears; 

(2) Information on the effects of sea 

ice change on the distribution and 

abundance of polar bears and their 

principal prey over the short and long 

term; 

(3) Information on the effects of other 

potential listing factors, including oil 

and gas development, contaminants, 

ecotourism, hunting, and poaching, on 

the distribution and abundance of polar 

bears and their principal prey over the 

short and long term; 

(4) Information on regulatory 

mechanisms and management programs 

for polar bear conservation, including 

mitigation measures related to oil and 

gas exploration and development, 

hunting conservation programs, antipoaching programs, and any other 

private, tribal, or governmental 

conservation programs that benefit polar 

bears; 

(5) The specific physical and 

biological features to consider, and 

specific areas that may meet the 

definition of critical habitat and that 

should or should not be considered for 

a proposed critical habitat designation 

as provided by section 4 of the 

Endangered Species Act; 

(6) Information relevant to whether 

any populations of the species may 

qualify as distinct population segments; 

and 

(7) The data and studies referred to 

within the proposal. 

Author 

The author of this notice is Charles S. 

Hamilton, U.S. Fish and Wildlife 

Service, Anchorage, Alaska. 

Authority 

The authority for this notice is the 

Endangered Species Act of 1973, as 

amended (16 U.S.C. 1531 et seq.). 

Dated: February 2, 2007. 

Mamie A. Parker, 

Acting Director, U.S. Fish and Wildlife 

Service. 

[FR Doc. 07–723 Filed 2–13–07; 11:21 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 223 

[Docket No. 070122014–7014–01; I.D. 

011907A] 

RIN 0648–AV04 

Endangered and Threatened Wildlife; 

Sea Turtle Conservation Requirements 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Advance notice of proposed 

rulemaking; request for comments. 

SUMMARY: NMFS issues this advance 

notice of proposed rulemaking to 

announce that it is considering 

amendments to the regulatory 

requirements for turtle excluder devices 

(TEDs). Specific changes NMFS is 

considering include increasing the size 

of the TED escape opening currently 

required in the summer flounder 

fishery; requiring the use of TEDs in the 

flynet, whelk, calico scallop, and MidAtlantic sea scallop trawl fisheries; and 

moving the current northern boundary 

of the Summer Flounder Fishery-Sea 

Turtle Protection Area off Cape Charles, 

Virginia, to a point farther north. The 

objective of the proposed measures 

would be to effectively protect all life 

stages and species of sea turtle in 

Atlantic trawl fisheries where they are 

vulnerable to incidental capture and 

mortality. NMFS is seeking public 

comment on these potential 

amendments to the TED regulations. 

NMFS is also soliciting public comment 

on the need for, and development and 

implementation of, other methods to 

reduce bycatch of sea turtles in any 

commercial or recreational fishery in 

the Atlantic and Gulf of Mexico where 

sea turtle conservation measures do not 

currently exist. 

DATES: Comments will be accepted 

through March 19, 2007. 

ADDRESSES: Written comments on this 

action and requests for literature cited 

should be addressed to Michael 

Barnette, Southeast Regional Office, 

Office of Protected Resources, NMFS, 

263 13th Avenue South, St. Petersburg, 

FL 33701. Comments may also be sent 

via fax to 727–824–5309, via email to 

0648–AV04@noaa.gov, or to the Federal 

eRulemaking portal: http:// 

www.regulations.gov (follow 

instructions for submitting comments). 

FOR FURTHER INFORMATION CONTACT: 

Michael Barnette (ph. 727–824–5312, 

fax 727–824–5309, e-mail 

Michael.Barnette@noaa.gov), Ellen 

Keane (ph. 978–281–9300 x6526, fax 

978–281–9394, e-mail 

Ellen.Keane@noaa.gov), or Tanya 

Dobrzynski (ph. 301–713–2322, fax 

(301) 427–2522, e-mail 

Tanya.Dobrzynski@noaa.gov). 

SUPPLEMENTARY INFORMATION: 

Background 

All sea turtles that occur in U.S. 

waters are listed as either endangered or 

threatened under the Endangered 

Species Act of 1973 (ESA). The Kemp’s 

ridley (Lepidochelys kempii), 

leatherback (Dermochelys coriacea), and 

hawksbill (Eretmochelys imbricata) are 

listed as endangered. Loggerhead 

(Caretta caretta) and green (Chelonia 

mydas) turtles are listed as threatened, 

except for breeding populations of green 

turtles in Florida and on the Pacific 

coast of Mexico, which are listed as 

endangered. Incidental capture of sea 

turtles in fisheries (bycatch) is a primary 

factor hampering the recovery of sea 

turtles in the Atlantic Ocean and the 

Gulf of Mexico. 

To address this factor 

comprehensively, NMFS has initiated a 

Strategy for Sea Turtle Conservation and 

Recovery in Relation to Atlantic Ocean 

and Gulf of Mexico Fisheries (Strategy). 

The Strategy is a gear-based approach to 

addressing sea turtle bycatch. Certain 

types of fishing gear are more prone to 

the incidental capture of sea turtles than 

others, depending on the design of the 

gear, the way the gear is fished, and/or 

the time and area within which it is 

fished. An evaluation of sea turtle 

interactions by gear type provides a 

more comprehensive assessment of 

fishery impacts across fishing sectors as 

well as across state, federal, and 

regional boundaries. Through this 

strategy, NMFS seeks to address sea 

turtle bycatch across jurisdictional 

boundaries and fisheries for gear types 

that have the greatest impact on sea 

turtle populations. 

Through the Strategy and based on 

documented sea turtle-fishery 

interactions, NMFS has identified trawl 

gear as a priority for reducing sea turtle 

bycatch. Trawling is a method of fishing 

that involves actively towing a net 

through the water behind one or more 

boats. Because trawl gear is towed, it 

has the capability to incidentally 

capture sea turtles and other species 

that are not the intended target of the 

fishery. The likelihood of incidental 

capture is inherent in the basic design 

of trawls, regardless of the specific 

fishery. Trawl fisheries with 

documented observer coverage or 


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