Federal Register / Vol. 65, No. 94 / Monday, May 15, 2000 / Rules and Regulations 30915

DATES: The meeting will be held on

Tuesday, June 27, 2000, from 10:00 am

to 5:00 pm (registration from 8:30 am to

10:00 am), and Wednesday, June 28,

2000, from 8:30 am to 12:30 pm.

ADDRESSES: The meeting will be held in

the Michigan and Minnesota Rooms of

the Federal Aviation Administration

Building, 2300 East Devon Avenue, Des

Plaines, Illinois. For information on

facilities or services for individuals with

disabilities or to request special

assistance at the meetings, contact Eloy

Martinez at the address or phone

number listed under FOR FURTHER

INFORMATION CONTACT as soon as

possible.

FOR FURTHER INFORMATION CONTACT:

Herbert Gould, Volpe Center, Research

and Special Programs Administration,

617–494–2134; or Eloy Martinez, Volpe

Center, Research and Special Programs

Administration, 617–494–2599.

SUPPLEMENTARY INFORMATION:

I. Background

On May 24, 1999, the Research and

Special Programs Administration

(RSPA; ‘‘we’’) published a final rule

under Docket No. RSPA–97–2718 (HM–

225A) (64 FR 28030). The final rule

revised regulations applicable to the

transportation and unloading of

liquefied compressed gases, including

liquefied petroleum gases, anhydrous

ammonia, and chlorine. The revisions

included new inspection, maintenance,

and testing requirements for cargo tank

discharge systems and revised

attendance requirements applicable to

liquefied petroleum gas and anhydrous

ammonia. The final rule was developed

through a negotiated rulemaking. In

addition to the Department of

Transportation, the negotiated

rulemaking committee consisted of

persons representing businesses that

transport and deliver liquefied

petroleum gases, anhydrous ammonia

and other liquefied compressed gases;

manufacturers and operators of cargo

tanks and vehicle components; and state

and local public safety and emergency

response agencies.

Among other requirements, the final

rule revised requirements for cargo tank

emergency discharge control equipment

to provide a clear performance standard

for passive emergency discharge control

equipment that shuts down unloading

operations without human intervention.

The revised requirements also provided

for a remote capability for certain cargo

tanks to enable a person attending the

unloading operation to shut off the flow

of product when unloading duties

require the person to be away from the

motor vehicle during delivery.

The final rule allowed two years for

development and testing of emergency

discharge control technology. After July

1, 2001, newly manufactured MC 331

cargo tank motor vehicles must be

equipped with emergency discharge

control equipment that conforms to the

performance standards. MC 330, MC

331, and certain nonspecification cargo

tank motor vehicles already in service

must be retrofitted over a five-year

period beginning after July 1, 2001, on

a schedule that coincides with the cargo

tank’s scheduled pressure test in

accordance with 49 CFR part 180.407(c).

II. Public Meeting

In developing the HM–225A final

rule, the negotiated rulemaking

committee anticipated that periodic

progress reviews would be needed

during the two-year development and

testing cycle for emergency discharge

control technology. Such reviews help

promote communication between

industry and government and function

as a catalyst for critical development

and testing needs that may occur.

Committee members planned to work in

partnership to assure widespread

dissemination of information related to

development and testing of emergency

discharge control technology.

Accordingly, we are hosting a public

meeting to foster the exchange of

information among interested parties

concerned with the safe transportation

of liquefied compressed gases in cargo

tank motor vehicles. The meeting will

focus specifically on emergency

discharge control system technology,

including both passive and off-truck

remote shutdown equipment.

The meeting will be held in the

Chicago, Illinois, area on June 27 and

28, 2000. To pre-register, please contact

Eloy Martinez, telephone 617–494–

2599, fax 617–494–3616, e-mail

martinez@volpe.dot.gov.

A simple, flexible agenda is being

prepared by industry representatives

who participated in the development of

the final rule. Any demonstrations of

discharge control equipment or systems

should be planned for the morning of

June 27. Prospective demonstrators

should contact Eloy Martinez as soon as

possible.

This is an informal meeting to

promote the free exchange of

information concerning emergency

discharge control systems on cargo tank

motor vehicles, including recent

technology developments, test results,

operating experience, and the like.

There will be no transcript of the

meeting; however, we will prepare

minutes of the meeting and written

questions and answers developed in

response to issues raised. This

information will be made available on

the HazMat Safety Website (http://

hazmat.dot.gov).

Issued in Washington, DC on May 9, 2000.

Robert A. McGuire,

Acting Associate Administrator for

Hazardous Materials Safety.

[FR Doc. 00–12073 Filed 5–12–00; 8:45 am]

BILLING CODE 4910–60–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

49 CFR Part 571

[Docket No. NHTSA–00–7144]

RIN 2127–AG55

Federal Motor Vehicle Safety

Standards; FMVSS 101—Technical

Correction—Speedometer Display

AGENCY: National Highway Traffic

Safety Administration (NHTSA), DOT.

ACTION: Final rule.

SUMMARY: This technical amendment

corrects an error in Table 2 of Federal

Motor Vehicle Safety Standard 101 as a

result of a final rule published

September 24, 1998. In that notice the

agency adopted language for the

speedometer display as ‘‘MPH and/or

km/h’’. The effect of this language is to

allow speedometers labeled in miles per

hour (MPH) alone, kilometers per hour

(km/h) alone, or both miles and

kilometers per hour. The intent was to

require speedometer display in miles

per hour, and to allow the addition of

kilometers per hour at the option of the

manufacturer. This amendment changes

the language of Table 2 to ‘‘MPH, or

MPH and km/h’’.

DATES: This final rule is effective

February 15, 2001. Optional early

compliance with the change made in

this final rule is permitted beginning

May 15, 2000.

ADDRESSES: Petitions for reconsideration

of this final rule should refer to the

docket number cited in the heading of

this final rule and be submitted to:

Administrator, National Highway

Traffic Safety Administration, 400

Seventh St, SW, Washington, DC 20590.

It is requested, but not required, that ten

copies be submitted.

FOR FURTHER INFORMATION CONTACT:

Gayle Dalrymple, NPS–23, Office of

Safety Performance Standards, National

Highway Traffic Safety Administration,

400 Seventh Street, SW, Washington,

DC 20590. Ms. Dalrymple can be

30916 Federal Register / Vol. 65, No. 94 / Monday, May 15, 2000 / Rules and Regulations

reached by phone at (202) 366–5559 or

by facsimile at (202) 366–4329.

SUPPLEMENTARY INFORMATION: On May

27, 1998, NHTSA published a final rule

amending selected Federal Motor

Vehicle Safety Standards (FMVSS) by

converting English measurements

specified in those standards to metric

measurements. On September 24, 1998,

the agency published a technical

amendment and response to petition for

reconsideration stemming from the May

notice. In the September notice, the

agency responded to a comment from

Ford Motor Company stating that, in

Ford’s view, the label ‘‘MPH km/h’’ in

Column 3 of Table 2 under

‘‘Speedometer’’ in FMVSS 101 required

both English and metric units to be

displayed on the speedometer. The

intent of the standard is to require

speedometer display in miles per hour

(MPH), and to allow the addition of

kilometers per hour (km/h) to MPH at

the option of the manufacturer. Ford

recommended that ‘‘MPH km/h’’ be

changed to ‘‘MPH and/or km/h’’. The

agency adopted this text for the

Speedometer display in Table 2 of

FMVSS 101 with the September 24,

1998, notice. We have become aware

that the new language, ‘‘MPH and/or

km/h’’, could be interpreted to mean

that speedometers labeled in kilometers

per hour alone are acceptable. It was

obviously not our intent to allow

speedometers graduated in km/h only,

which would be useless for drivers in

the U.S., where speed limits are

communicated in MPH alone. We do

not believe that Ford intended such an

outcome either. Therefore, today’s

technical amendment changes the

language of the Speedometer display

required by FMVSS 101 to ‘‘MPH, or

MPH and km/h’’. This provision is

consistent with the requirements of

FMVSS 101 which were in effect from

1982 to 1998.

Regulatory Impacts

A. Executive Order 12866 and DOT

Regulatory Policies and Procedures

NHTSA has examined the impact of

this rulemaking action under E.O. 12866

and the Department of Transportation’s

regulatory policies and procedures. This

rulemaking document was not reviewed

under E.O. 12866, ‘‘Regulatory Planning

and Review.’’ This action has been

determined to be not ‘‘significant’’

under DOT’s regulatory policies and

procedures.

In converting the Federal Motor

Vehicle Safety Standards from the

English to the metric measurement

system, the agency has made

conversions in a way that does not

substantively change the performance

requirements of the FMVSSs. In this

final rule, NHTSA makes corrections to

an error that appeared in the September

24,1998, final rule. NHTSA does not

believe motor vehicle manufacturers

will incur any additional costs as a

result of the final rule. The impacts of

this action are so minor that a full

regulatory evaluation has not been

prepared.

B. Regulatory Flexibility Act

The agency has also considered the

effects of this rulemaking action under

the Regulatory Flexibility Act (5 U.S.C.

601 et seq.). I certify that this final rule

will not have a significant economic

impact on a substantial number of small

entities. The rationale for this

certification is that this final rule makes

no substantive changes to any Federal

Motor Vehicle Safety Standards, and is

limited to correcting a typographical

error in the September 24, 1998, final

rule that amended the Federal Motor

Vehicle Safety Standards.

C. Environmental Impacts

In accordance with the National

Environmental Policy Act of 1969, the

agency has considered the

environmental impacts of this

rulemaking action and determined that

as a final rule, it would not have a

significant impact on the quality of the

human environment.

D. Federalism

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612, and it has been determined that

the final rule does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

E. Civil Justice Reform

This rule will not have a retroactive

effect. Under Section 103(d) of the

National Traffic and Motor Vehicle

Safety Act (15 U.S.C. 1392(d)),

whenever a Federal motor vehicle safety

standard is in effect, a state may not

adopt or maintain a safety standard

applicable to the same aspect of

performance which is not identical to

the Federal standard. Section 105 of the

Act (15 U.S.C. 1394) sets forth a

procedure for judicial review of final

rules establishing, amending or revoking

Federal motor vehicle safety standards.

That section does not require

submission of a petition for

reconsideration or other administrative

proceedings before parties may file suit

in court.

F. Unfunded Mandates Reform Act of

1995

The Unfunded Mandates Reform Act

of 1995 (Pub. L. 104–4) requires

agencies to prepare a written assessment

of the cost, benefits and other effects of

proposed or final rules that include a

Federal mandate likely to result in the

expenditure by State, local, or tribal

governments, in the aggregate, or by the

private sector, of more than $100

million annually. Because this final rule

does not have a $100 million effect, no

Unfunded Mandates assessment has

been prepared.

List of Subjects in 49 CFR Part 571

Imports, Motor vehicle safety, Motor

vehicles.

In consideration of the foregoing, the

Federal Motor Vehicle Safety Standards

(49 CFR Part 571), are amended as set

forth below.

PART 571—FEDERAL MOTOR

VEHICLE SAFETY STANDARDS

1. The authority citation for part 571

continues to read as follows:

Authority: 49 U.S.C. 322, 30111, 30115,

30117, and 30166; delegation of authority at

49 CFR 1.50.

2. Section 571.101 is amended by

revising S5 to read as follows:

§ 571.101 Standard No. 101, Controls and

displays.

* * * * *

S5 Requirements. Each passenger car,

multipurpose passenger vehicle, truck

and bus manufactured with any control

listed in S5.1 or in column 1 of Table

1, and each passenger car, multipurpose

passenger vehicle and truck or bus less

than 4,536 kg. GVWR with any display

listed in S5.1 or in column 1 of Table

2, shall meet the requirements of this

standard for the location, identification,

and illumination of such control or

display.

* * * * *

BILLING CODE 4910–59–P

3. Section 571.101 is amended by

revising Table 2 following S6. to read as

follows:

Federal Register / Vol. 65, No. 94 / Monday, May 15, 2000 / Rules and Regulations 30917

BILLING CODE 4910–59–C

30918 Federal Register / Vol. 65, No. 94 / Monday, May 15, 2000 / Rules and Regulations

Issued on: May 2, 2000.

Stephen R. Kratzke,

Associate Administrator for Performance

Safety Standards.

[FR Doc. 00–11493 Filed 5–12–00; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 21

Migratory Bird Permits; Notice of

Amendment of Falconry, Raptor

Propagation, and Certain Scientific

Collecting Permits

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice of permit amendment.

SUMMARY: Just prior to removing the

American peregrine falcon from the U.S.

List of Endangered and Threatened

Wildlife, we amended all Migratory Bird

Treaty Act (MBTA) permits that

authorized the take of wild raptors for

falconry and raptor propagation

purposes and scientific collecting

permits that were not species-specific.

The permit amendment continued the

prohibition on removing peregrines

from the wild until we can issue

biological criteria to manage such take.

We were unable to locate several permit

holders. Therefore, this document

serves as official notice to those holders

of Federal falconry or raptor

propagation permits, or scientific

collecting permits that are not speciesspecific, who did not receive our

amendment letter. This notice amends

your permit.

EFFECTIVE DATE: May 15, 2000.

ADDRESSES: Comments or questions

concerning this notice may be addressed

to Jon Andrew, Chief, Migratory Bird

Management Office, 4401 North Fairfax

Drive, ARLSQ 634, Arlington, Virginia

22203 (703–358–1714). Questions or

information concerning individual

permits should be addressed to the

Regional Migratory Bird Permit Office

responsible for your State, as follows:

(1) Region 1 (CA, HI, ID, NV, OR, WA,

Pacific Island Territories) 911 N.E. 11th

Avenue, Portland, OR 97232–4181 (503/

872–2715); (2) Region 2 (AZ, NM, OK,

TX) P.O. Box 709, Albuquerque, NM

87103 (505/248–7882); (3) Region 3 (IL,

IN, IA, MI, MN, MO, OH, WI) One

Federal Drive, Ft. Snelling, MN 55111–

0045 ((612) 713–5436); (4) Region 4 (AL,

AR, FL, GA, KY, LA, MS, NC, SC, TN,

PR, VI) P.O. Box 49208, Atlanta, GA

30359 (404/679–7070); (5) Region 5 (CT,

DE, D.C., ME, MD, MA, NH, NJ, NY, PA,

RI, VT, VA, WV) P.O. Box 779, Hadley,

MA 01035–0779 (413/253–8641); (6)

Region 6 (CO, KS, MT, NE, ND, SD, UT,

WY) P.O. Box 25486, DFC(60130),

Denver, CO 80225–0486 (303/236–

8171); (7) Region 7 (AK) 1011 East

Tudor Road, Anchorage, AK 99503

(907/786–3693).

FOR FURTHER INFORMATION CONTACT:

Susan Lawrence, National Migratory

Bird Permit Coordinator, Migratory Bird

Management Office, at the Arlington,

Virginia address above.

Background

On August 25, 1999, we published a

final rule in the Federal Register

removing the American peregrine falcon

(Falco peregrinus anatum) from the U.S.

Endangered Species List (64 FR 46542).

The rule also removed the ‘‘similarity of

appearance’’ provision for all free-flying

peregrine falcons (F. peregrinus) in the

conterminous States. The arctic

peregrine (F. p. tundrius) was removed

from the list in 1994. As a result of these

rules, native peregrine falcons no longer

receive the protection of the U.S.

Endangered Species Act (ESA).

Conservation of native peregrine falcons

now falls primarily to the MBTA and

State regulations.

The MBTA regulations in 50 CFR part

21 allow for the issuance of permits to

take migratory birds for certain

purposes. Prior to the delisting,

American peregrine falcons could not be

taken from the wild under migratory

bird permits because of their

endangered status under the ESA, and

no free-flying peregrines of any

subspecies in the 48 contiguous States

could be taken from the wild due to the

similarity of appearance provision

under the ESA. Other than the general

prohibition on taking ESA-listed

species, most MBTA falconry and raptor

propagation permits and some scientific

collecting permits were not speciesspecific.

In July and August of 1999, in

anticipation of the delisting, we sent a

letter to all falconry and raptor

propagation permit holders and all nonspecies-specific scientific collecting

permit holders amending their permits

to prohibit take of wild peregrines once

the ESA restrictions no longer apply.

Because take of Peales (Falco peregrinus

pealei) and arctic peregrine subspecies

by residents of Alaska was legal, and

because Alaska currently prohibits take

of wild birds by nonresidents, permits

for Alaska residents were amended to

prohibit take of only the American

peregrine falcon subspecies (F. p.

anatum) in Alaska and all peregrine

falcons (F. peregrinus) in the

conterminous United States. The

amendments do not affect activities

with captive-bred peregrines.

The general permit regulations in 50

CFR 13.23(b) authorize us to amend a

permit if we determine that it is

necessary to do so. The removal of ESA

protection for the species and the need

to complete biological criteria for take of

peregrines constitute our finding of

necessity for modification of these

permits. These amendments are

necessary to protect this newly

recovered species from potential

unregulated take while we reach

agreement with other government

entities on managing take, both of

nestlings born in the United States as

well as migrants, many of which

originate outside the United States.

We were unable to locate several

permit holders through the U.S. mail.

Therefore, this document serves as

notice to any holder of a Federal

falconry permit, Federal raptor

propagation permit, or Federal scientific

collecting permit that is not speciesspecific for raptors, who did not receive

our amendment letter. In accordance

with 50 CFR 13.23(b), this notice

amends your permit as follows:

For permittees residing in the

conterminous United States:

You may not take a peregrine falcon

(Falco peregrinus) from the wild in the

United States.

For Alaska residents:

You may not take an American peregrine

falcon (Falco peregrinus anatum) from the

wild anywhere in the United States. You may

not take any peregrine falcon (Falco

peregrinus) from the wild in the

conterminous United States.

Please attach this notice to your

current permit. We may amend your

permit again when management plans

for peregrines are complete.

We attempted to notify all permittees

individually of this amendment by letter

sent to the address listed in existing

permits. Permittees we were unable to

locate by the address listed in their

permits are identified below. However,

this amendment notice applies to any

holder of a Federal falconry permit,

Federal raptor propagation permit, or

Federal scientific collecting permit that

is not species-specific for raptors, who

did not receive our amendment letter.

Region 1

Timothy Jason Walker, Las Vegas, NV

(PRT# 005114)

Region 2

Ken Diehl, Boerne, TX (PRT# 003091)

John Manley Griffith, Tyler, TX (PRT#

834718)