Notices. Notice of proposed rulemaking

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BILLING CODE 4910-13-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [CCGD05-07-092] RIN 1625-AA00 Safety Zone: Christmas Holiday Boat Parade and Fireworks, Appomattox River, Hopewell, VA AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. SUMMARY: The Coast Guard proposes to establish a 600 foot radius safety zone in the vicinity of Hopewell, VA centered on position 37-19.18′ N/077-16.93′ W (NAD 1983) in support of the Christmas Holiday Boat Parade and Fireworks Event.

This action is intended to restrict vessel traffic on the Appomattox River as necessary to protect mariners from the hazards associated with fireworks displays. DATES: Comments and related material must reach the Coast Guard on or before November 5, 2007. ADDRESSES: You may mail comments and related material to Commander, Sector Hampton Roads, Norfolk Federal Building, 200 Granby St., 7th Floor, Attn: Lieutenant Junior Grade TaQuitia Winn, Norfolk, VA 23510. Sector Hampton Roads maintains the public docket for this rulemaking.

Comments and material received from the public, as well as documents indicated in this preamble as being available in the docket, will become part of this docket and will be available for inspection or copying at the Norfolk Federal Building between 9 a.m. and 2 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade TaQuitia Winn, Assistant Chief, Waterways Management Division, Sector Hampton Roads at

(757)668-5580. SUPPLEMENTARY INFORMATION: Request for Comments We encourage you to participate in this rulemaking by submitting comments and related material. If you do so, please include your name and address, identify the docket number for this rulemaking, CGD05-07-092, and indicate the specific section of this document to which each comment applies, and give the reason for each comment. Please submit all comments and related material in an unbound format, no larger than 8 1/2 by 11 inches, suitable for copying. If you would like to know they reached us, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period. We may change this proposed rule in view of them. Public Meeting We do not plan to hold a public meeting, but you may submit a request for a meeting by writing to the Commander, Sector Hampton Roads at the address under ADDRESSES explaining why one would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the **Federal Register** . Background and Purpose On December 1, 2007, the Christmas Holiday Boat Parade and Fireworks event will be held on the Appomattox River in Hopewell, VA. Due to the need to protect mariners and spectators from the hazards associated with the fireworks display, vessel traffic will be temporarily restricted within 600 feet of the display. Discussion of Proposed Rule The Coast Guard proposes to establish a 600 foot radius safety zone on specified waters of the Appomattox River in the vicinity of Hopewell, VA centered on position 37-19.18′ N/077-16.93′ W (NAD 1983). This regulated area will be established in the interest of public safety during the Christmas Holiday Boat Parade and Fireworks event and will be enforced from 6 p.m. on December 1, 2007 to 8 p.m. on December 2, 2007. General navigation in the safety zone will be restricted during the event. Except for participants and vessels authorized by the Captain of the Port or his designated Coast Guard Representative on scene, no person or vessel may enter or remain in the regulated area. Regulatory Evaluation This proposed rule is not a “significant regulatory action” under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. We expect the economic impact of this proposed rule to be so minimal that a full Regulatory Evaluation under the regulatory policies and procedures of DHS is unnecessary. Although this proposed regulation would restrict access to the regulated area, the effect of this rule will not be significant because:

(i)The safety zone will be in effect for a limited duration of time; and,

(ii)the Coast Guard will provide notifications via maritime advisories so mariners can adjust their plans accordingly. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this proposed rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities because the zone will only be in place for a limited duration of time and maritime advisories will be issued allowing the mariners to adjust their plans accordingly. However, this rule may affect the following entities, some of which may be small entities: The owners and operators of vessels intending to transit or anchor in that portion of the Appomattox River between 6 p.m. on December 1, 2007 to 8 p.m. on December 2, 2007. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this proposed rule would have a significant economic impact on it, please submit a comment (see ADDRESSES ) explaining why you think it qualifies and how and to what degree this rule would economically affect it. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this proposed rule so that they can better evaluate its effects on them and participate in the rulemaking. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact Lieutenant Junior Grade TaQuitia Winn, Assistant Chief, Waterways Management Division, Sector Hampton Roads at

(757)668-5580. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. Collection of Information This proposed rule would call for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this proposed rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This proposed rule would not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This proposed rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children. Indian Tribal Governments This proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Energy Effects We have analyzed this proposed rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this proposed rule under Commandant Instruction M16475.lD and Department of Homeland Security Management Directive 5100.1, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969

(NEPA)(42 U.S.C. 4321-4370f), and have made a preliminary determination that this action is not likely to have a significant effect on the human environment. Draft documentation supporting this preliminary determination is available in the docket where indicated under ADDRESSES . We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add temporary § 165.T05-092, to read as follows: § 165.T05-092 Safety Zone: Christmas Holiday Boat Parade and Fireworks, Appomattox River, Hopewell, VA.

(a)*Location.* The following area is a safety zone: All waters, from bottom to surface, within 600 feet of position 37-19.18′ N/077-16.93′ W (NAD 1983) in the vicinity of Hopewell, VA on the Appomattox River.

(b)*Definition:* *Captain of the Port Representative* means any U.S. Coast Guard commissioned, warrant or petty officer who has been authorized by the Captain of the Port, Hampton Roads, Virginia to act on his behalf.

(c)*Regulations:*

(1)In accordance with the general regulations in § 165.23 of this part, entry into this zone is prohibited unless authorized by the Captain of the Port, Hampton Roads or his designated representatives.

(2)The operator of any vessel in the immediate vicinity of this safety zone must:

(i)Stop the vessel immediately upon being directed to do so by any commissioned, warrant or petty officer on shore or on board a vessel that is displaying a U.S. Coast Guard Ensign.

(ii)Proceed as directed by any commissioned, warrant or petty officer on shore or on board a vessel that is displaying a U.S. Coast Guard Ensign.

(3)The Captain of the Port, Hampton Roads and the Sector Duty Officer at Sector Hampton Roads in Portsmouth, Virginia can be contacted at telephone Number

(757)668-5555 or

(757)484-8192.

(4)The Coast Guard Representatives enforcing the safety zone can be contacted on VHF-FM 13 and 16.

(d)Effective date: This regulation is effective from 6 p.m. on December 1, 2007 to 8 p.m. on December 2, 2007. Dated: September 18, 2007. Patrick B. Trapp, Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads. [FR Doc. E7-19676 Filed 10-4-07; 8:45 am] BILLING CODE 4910-15-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2007-0423-200743(b); FRL-8475-5] Approval of Implementation Plans; North Carolina: Clean Air Interstate Rule AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to approve revisions to the North Carolina State Implementation Plan

(SIP)submitted by the State of North Carolina, through the North Carolina Department of Environmental and Natural Resources on August 7, 2006. These revisions will incorporate provisions related to the implementation of EPA's Clean Air Interstate Rule (CAIR), promulgated on May 12, 2005, and subsequently revised on April 28, 2006, and December 13, 2006, and the CAIR Federal Implementation Plan

(FIP)concerning sulfur dioxide (SO 2 ), nitrogen oxides (NO X ) annual, and NO X ozone season emissions for the State of North Carolina, promulgated on April 28, 2006, and subsequently revised December 13, 2006. EPA is not proposing to make any changes to the CAIR FIP, but is proposing to amend, to the extent EPA approves North Carolina's SIP revisions, the appropriate appendices in the CAIR FIP trading rules simply to note that approval. On July 3, 2007, North Carolina requested that EPA only act on a portion of the August 7, 2006, submittal as an abbreviated SIP. Consequently, EPA is proposing to approve the abbreviated SIP revisions that address the methodology to be used to allocate annual and ozone season NO X allowances to existing and new units under the CAIR FIPs and CAIR FIP opt-in provisions. This action is being taken pursuant to section 110 of the Clean Air Act. The intended effect of these revisions is to clarify certain provisions and to ensure consistency with the requirements of the CAA. In the Final Rules Section of this **Federal Register** , the EPA is approving the State's SIP revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. The EPA will not institute a second comment period on this document. Any parties interested in commenting on this document should do so at this time. DATES: Written comments must be received on or before November 5, 2007. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-OAR-2007-0423, by one of the following methods: 1. *http://www.regulations.gov:* Follow the on-line instructions for submitting comments. 2. *E-mail: ward.nacosta@epa.gov.* 3. *Fax:*

(404)562-9019. 4. *Mail:* EPA-R04-OAR-2007-0423, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. 5. *Hand Delivery or Courier:* Nacosta C. Ward, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are only accepted during the Regional Office's normal hours of operation. The Regional Office's official hours of business are Monday through Friday, 8:30 to 4:30, excluding Federal holidays. Please see the direct final rule which is located in the Rules section of this **Federal Register** for detailed instructions on how to submit comments. FOR FURTHER INFORMATION CONTACT: Nacosta C. Ward, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. The telephone number is

(404)562-9140. Ms. Ward can also be reached via electronic mail at *ward.nacosta@epa.gov.* SUPPLEMENTARY INFORMATION: For additional information see the direct final rule which is published in the Rules section of this **Federal Register** . Dated: September 21, 2007. J.I. Palmer, Jr., Regional Administrator, Region 4. [FR Doc. E7-19318 Filed 10-4-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2007-0511; FRL-8477-1] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Carbon Monoxide Maintenance Plan Update; Limited Maintenance Plan in Philadelphia County AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA proposes to approve the State Implementation Plan

(SIP)revision submitted by the State of Pennsylvania for the purpose of establishing a limited maintenance plan for carbon monoxide in Philadelphia County for the maintenance period of 2007-2017. In the Final Rules section of this **Federal Register** , EPA is approving the State's SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. DATES: Comments must be received in writing by November 5, 2007. ADDRESSES: Submit your comments, identified by Docket ID Number EPA-R03-OAR-2007-0511 by one of the following methods: A. *http://www.regulations.gov.* Follow the on-line instructions for submitting comments. B. *E-mail: powers.marilyn@epa.gov.* C. *Mail:* EPA-R03-OAR-2007-0511, Marilyn Powers, Acting Chief, Air Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. D. *Hand Delivery:* At the previously-listed EPA Region III address. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. *Instructions:* Direct your comments to Docket ID No. EPA-R03-OAR-2007-0511. EPA's policy is that all comments received will be included in the public docket without change, and may be made available online at *http://www.regulations.gov,* including any personal information provided, unless the comment includes information claimed to be Confidential Business Information

(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *http://www.regulations.gov* or e-mail. The *http://www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *http://www.regulations.gov,* your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. *Docket:* All documents in the electronic docket are listed in the *http://www.regulations.gov* index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in *http://www.regulations.gov* or in hard copy during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the Pennsylvania Department of Environmental Resources Bureau of Air Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105; and the Department of Public Health, Air Management Services, 321 University Avenue, Philadelphia, Pennsylvania 19104. FOR FURTHER INFORMATION CONTACT: Catherine L. Magliocchetti,

(215)814-2174, or by e-mail at *magliocchetti.catherine@epa.gov.* SUPPLEMENTARY INFORMATION: For further information regarding this SIP revision submitted by the State of Pennsylvania for the purpose of establishing a limited maintenance plan for carbon monoxide in Philadelphia County for the maintenance period of 2007-2017, please see the information provided in the direct final action, with the same title, that is located in the “Rules and Regulations” section of this **Federal Register** publication. Dated: September 14, 2007. Donald S. Welsh, Regional Administrator, Region III. [FR Doc. E7-19517 Filed 10-4-07; 8:45 am] BILLING CODE 6560-50-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA-D-7822] Proposed Flood Elevation Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Proposed rule. SUMMARY: Technical information or comments are requested on the proposed Base (1% annual chance) Flood Elevations

(BFEs)and proposed BFEs modifications for the communities listed below. The BFEs are the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). DATES: The comment period is ninety

(90)days following the second publication of this proposed rule in a newspaper of local circulation in each community. ADDRESSES: The proposed BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,

(202)646-3151. SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency

(FEMA)proposes to make determinations of BFEs and modified BFEs for each community listed below, in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a). These proposed BFEs and modified BFEs, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own, or pursuant to policies established by other Federal, State or regional entities. These proposed elevations are used to meet the floodplain management requirements of the NFIP and are also used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in these buildings. *National Environmental Policy Act* . This proposed rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared. *Regulatory Flexibility Act.* As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-612, a regulatory flexibility analysis is not required. *Regulatory Classification.* This proposed rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. *Executive Order 13132, Federalism.* This proposed rule involves no policies that have federalism implications under Executive Order 13132. *Executive Order 12988, Civil Justice Reform.* This proposed rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 67 Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements. Accordingly, 44 CFR part 67 is proposed to be amended as follows: PART 67—[AMENDED] 1. The authority citation for part 67 continues to read as follows: Authority: 42 U.S.C. 4001 *et seq.* ; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. § 67.4 [Amended] 2. The tables published under the authority of § 67.4 are proposed to be amended as follows: Flooding source(s) Location of referenced elevation *Elevation in feet

(NGVD)+Elevation in feet

(NAVD)#Depth in feet above ground Effective Modified Communities affected Lexington-Fayette Urban County Government, Kentucky, and Incorporated Areas Bowman Mill Tributary At the confluence with South Elkhorn Creek None +890 Lexington-Fayette Urban County Government. Approximately 920 feet upstream of Palomar Boulevard None +940 Bryant Tributary At the confluence with North Elkhorn Creek None +943 Lexington-Fayette Urban County Government. Approximately 2,200 feet upstream of Polo Club Boulevard None +985 Cave Hill Tributary At the confluence with Bowman Mill Tributary None +907 Lexington-Fayette Urban County Government. Approximately 2,780 feet upstream of the confluence with Bowman Mill Tributary None +954 Southpoint Tributary At the confluence with West Hickman Creek None +890 Lexington-Fayette Urban County Government. Approximately 2,800 feet upstream of Southpoint Drive None +947 Wolf Run Approximately 280 feet upstream of Beacon Hill Tributary +923 +922 Lexington-Fayette Urban County Government. At Nicholasville Road None +990 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES Lexington-Fayette Urban County Government Maps are available for inspection at Division of Planning, Current Planning Section, 101 East Vine Street, Lexington, KY 40507. Send comments to The Honorable Jim Newberry, Mayor, Lexington-Fayette Urban County Government, 200 East Main Street, Lexington, KY 40507. Tate County, Mississippi, and Incorporated Areas Arkabutla Reservoir Arkabutla Reservoir None +245 Town of Coldwater, Unincorporated Areas of Tate County. Coldwater River 0.7 Miles Downstream of Arkabutla Reservior Dam None +195 Unincorporated Areas of Tate County. At County Boundary None +252 Pidgeon Roost Creek 0.6 Miles Downstream of Pidgeon Roost Road None +292 Unincorporated Areas of Tate County. 400 Ft Downstream of Pidgeon Roost Road None +295 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES Town of Coldwater Maps are available for inspection at 444 Court Street, Coldwater, MS 38618. Send comments to The Honorable Jessie Edwards, Mayor, Town of Coldwater, 444 Court Street, Coldwater, MS 38618. Unincorporated Areas of Tate County Maps are available for inspection at 201 Ward Street, Senatobia, MS 38668. Send comments to Mr. James Sowell, President, Tate County Board of Supervisors, 201 Ward Street, Senatobia, MS 38668. Clay County, North Carolina and Incorporated Areas Blair Creek At the confluence with Hiwassee River None +1,800 Clay County (Unincorporated Areas). Approximately 0.4 mile upstream of NC-69 None +1,840 Brasstown Creek At the confluence with Hiwassee River None +1,587 Clay County (Unincorporated Areas). Approximately 400 feet upstream of West Road (State Road 1111) None +1,713 Chatuga Lake Entire shoreline within Clay County None +1,929 Clay County (Unincorporated Areas). Coleman Creek At the confluence with Hyatt Mill Creek None +1,934 Clay County (Unincorporated Areas). Approximately 800 feet upstream of the confluence with Hyatt Mill Creek None +1,934 Crawford Creek At the confluence with Brasstown Creek None +1,698 Clay County (Unincorporated Areas). Approximately 1,430 feet upstream of Pine Ridge Drive None +1,837 Downing Creek At the confluence with Hiwassee River None +1,796 Clay County (Unincorporated Areas). Approximately 0.4 mile upstream of Lawrence Smith Road (State Road 1324) None +1,959 Eagle Fork Creek At the confluence with Shooting Creek None +2,045 Clay County (Unincorporated Areas). Approximately 200 feet upstream of Sally Gap Road None +2,211 Fires Creek At the confluence with Hiwassee River None +1,724 Clay County (Unincorporated Areas). Approximately 1.5 miles upstream of Fires Creek Road (State Road 1300) None +1,834 Giesky Creek At the confluence with Shooting Creek None +1,981 Clay County (Unincorporated Areas). Approximately 1,530 feet upstream of Sally Gap Road None +2,172 Gumlog Creek At the confluence with Brasstown Creek None +1,669 Clay County (Unincorporated Areas). Approximately 300 feet upstream of Pine Log Road (State Road 1104) None +1,703 Hiwassee River Approximately 500 feet downstream of Old Highway 64W (State Road 1100) None +1,590 Clay County (Unincorporated Areas), Town of Hayesville. Approximately 1,380 feet upstream of the confluence of Hiwassee River Tributary 1 None +1,885 Tributary 1 At the confluence with Hiwassee River None +1,811 Clay County (Unincorporated Areas). Approximately 0.5 mile upstream of Chatuge Dam Road (State Road 1146) None +1,811 Hothouse Branch At the confluence with Shooting Creek None +1,943 Clay County (Unincorporated Areas). Approximately 0.7 mile upstream of Fred and Carl Lane None +2,015 Hyatt Mill Creek At the confluence with Hiwassee River None +1,802 Clay County (Unincorporated Areas). At the confluence of Coleman Creek None +1,934 Licklog Creek Approximately 200 feet downstream of U.S. Highway 64 None +1,929 Clay County (Unincorporated Areas). Approximately 450 feet upstream of Peckerwood Road (State Road 1328) None +2,005 Muskrat Branch At the confluence with Shooting Creek and Thompson Creek None +2,183 Clay County (Unincorporated Areas). Approximately 1.5 miles upstream of the confluence with Shooting Creek and Thompson Creek None +2,429 Nantahala River At the Clay/Macon County boundary None +3,013 Clay County (Unincorporated Areas). Approximately 450 feet downstream of Thunderstruck Lane None +3,089 Pinelong Creek At the confluence with Brasstown Creek None +1,641 Clay County (Unincorporated Areas). Approximately 1.0 mile upstream of Royal Oaks Trail None +1,914 Qually Creek At the confluence with Hiwassee River None +1,788 Clay County (Unincorporated Areas). Approximately 0.5 mile upstream of Ali Drive None +1,837 Shooting Creek Approximately 800 feet upstream of Old Highway 64E None +1,929 Clay County (Unincorporated Areas). Approximately 90 feet upstream of Old Highway 64E None +2,183 Sweetwater Creek At the confluence with Hiwassee River None +1,686 Clay County (Unincorporated Areas). Approximately 1.2 miles upstream of U.S. Highway 64 None +1,844 Thompson Creek At the confluence with Shooting Creek None +2,183 Clay County (Unincorporated Areas). Approximately 0.5 mile upstream of Muskrat Creek Road (State Road 1173) None +2,283 Town Creek At the confluence with Hiwassee River None +1,793 Clay County (Unincorporated Areas), Town of Hayesville. Approximately 0.5 mile upstream of Anderson Street None +1,831 Tusquitee Creek At the confluence with Hiwassee River None +1,783 Clay County (Unincorporated Areas). Approximately 2.0 miles upstream of Chairmaker Drive None +2,214 Winchester Creek At the confluence with Brasstown Creek None +1,671 Clay County (Unincorporated Areas). Approximately 1,090 feet upstream of West Gum Log Road (State Road 1107) None +1,716 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES Clay County Maps are available for inspection at Clay County Building, 33 Main Street, Hayesville, NC. Send comments to Mr. Paul Leek, Clay County Manager, P.O. Box 118, Hayesville, NC 28904. Town of Hayesville Maps are available for inspection at Hayesville Town Hall, 235 Sanderson Street, Hayesville, NC. Send comments to The Honorable Harrell Moore, Mayor of the Town of Hayesville, P.O. Box 235, Hayesville, NC 28904. Dyer County, Tennessee, and Incorporated Areas Mississippi River Approximately 720 feet downstream from the confluence of Obion River None +268 Unincorporated Areas of Dyer County. County boundary None +281 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES Unincorporated Areas of Dyer County Maps are available for inspection at Building Inspector's Office, #1 Veterans Square, Dyersburg, TN 38025. Send comments to The Honorable Richard Hill, Mayor, Dyer County, Dyer County Courthouse, P.O. Box 1360, Dyersburg, TN 38025-1360. Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.” Dated: September 21, 2007. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E7-19680 Filed 10-4-07; 8:45 am] BILLING CODE 9110-12-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: Extension of comment period; notice of availability of new information. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the extension of the public comment period on nine new United States Geological Survey

(USGS)reports produced for the Service to provide current data and modeling results 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, and are extending the reopened 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) for an additional 15 days to allow interested parties to comment on the USGS reports. We are limited in how long we can extend the public comment period 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 22, 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, 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 (72 FR 1064). 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. On September 20, 2007, we published a notice in the **Federal Register** announcing the availability of these nine reports and our intention to consider them in making our final listing determination (72 FR 53749). In that notice we also reopened the public comment period on the January 9, 2007, proposed rule to list the polar bear as threatened under the Act (72 FR 1064) for 15 days to provide the public the opportunity to submit comments or information on these reports. Because of the volume and complexity of the information in the reports, we are extending the public comment period for an additional 15 days. The comment period now closes on October 22, 2007. 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. In particular we are seeking information regarding whether the reports raise an issue of substantial disagreement among scientists knowledgeable about polar bears regarding the accuracy or sufficiency of the available data relevant to the listing determination. 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 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 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 28, 2007. Kenneth Stansell, Acting Director, U.S. Fish and Wildlife Service. [FR Doc. 07-4946 Filed 10-2-07; 11:36 am]

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Traces to 14 documents