Federal Register / Vol. 62, No. 182 / Friday, September 19, 1997 / Proposed Rules 49191

The petitioner states that ‘‘many if not

most of these deaths could be prevented

by carbon monoxide detectors’’ installed

in the vehicles. The petitioner did not

offer any data to support this assertion.

Of the 353 fatalities, the largest

portion, 35 percent, occurred in the

winter months. In the spring and fall

months, which can also be cold in some

parts of the country, 52 percent of the

fatalities occurred. Only 13 percent of

the fatalities occurred in the summer

months. Further, in information

obtained from the Center for Disease

Control, in the years 1979 through 1992,

the fatality rate (fatalities per state

population per 100,000 people) for

carbon monoxide deaths in stationary

vehicles is highest in the northern half

of the country (with fatality rates

ranging from 0.29 to 0.72 in most of

these states). These rates drop (to

between 0.00 and 0.16) in the southern

half of the country.

We believe the majority of these

fatalities occur in cold weather for two

reasons. First, in cold weather, people

may let their vehicles warm up in a

garage or enclosed area to keep

themselves warm. This could allow

carbon monoxide to build up in these

areas to fatal or injurious levels. Second,

if the area around a vehicle has not been

adequately cleared of snow, it could

block the exhaust pipe. This could

cause carbon monoxide to build up

inside the vehicle and create a

hazardous situation.

The first request Mr. Denenberg made

was that the agency require carbon

monoxide detectors in all vehicles. As

stated above, we believe carbon

monoxide poisoning to be primarily a

cold weather problem. For this reason,

we do not think it is justifiable to

require that all vehicles be equipped

with these detectors. A large portion of

the vehicles sold in this country will

rarely, if ever, be driven in cold

weather. If one assumes that 15 million

vehicles are manufactured in the

country each year, the total cost to the

industry to equip all vehicles with a

detector would be substantially more

than $240 million. This is based on the

estimate of $16 per detector obtained by

the petitioner from the Quantum Group,

a manufacturer of carbon monoxide

detectors. According to the petitioner,

the Quantum Group currently sells this

type of detector for between $35 and

$60, but it estimated a cost of $16 per

detector based on the increase in

production that would result from them

being required on all vehicles. This cost

does not include manufacturer

installation and other costs such as

manufacturer and dealer profits. The

agency has found in the past that these

costs generally add about 50 percent

onto the original equipment cost. These

additional factors would raise the initial

cost to the consumer considerably, and,

for a problem which would mainly

affect vehicles operating in cold

climates, the agency cannot justify

imposing this cost burden on the

industry and consumers.

An additional consumer cost that

must be considered is the lifetime

maintenance of the detectors. With

these detectors, the sensors need to be

replaced approximately every six years.

This replacement should be done by

experienced personnel, so the detectors

would most likely have to be returned

to the manufacturer for such work. Not

only would this increase the cost of the

requirement, but it would reduce the

effectiveness in averting deaths. Some

vehicle owners will undoubtedly fail to

maintain the detectors properly and will

end up with inoperable or otherwise

less-than-effective detectors. Because

the recommended maintenance on these

detectors should be done every six

years, only the six newest model years

in the national fleet would be assured of

having fully effective detectors.

Another factor which leads the agency

to believe that a detector requirement

would not be effective is the age of the

vehicles involved in carbon monoxide

fatalities. Many of these fatalities were

caused by degradation of the vehicle’s

interior and/or exhaust system which

allowed exhaust gases to enter the

passenger compartment. We believe it

fair to assume that, of the vehicles

which have developed this type of

degradation, most will be more than six

years old. As stated previously, only the

six newest model years in the national

fleet would be assured of having fullyeffective detectors. Under this

assumption, by the time vehicles begin

to exhibit this type of degradation, the

carbon monoxide detectors may be in

need of scheduled maintenance.

Mr. Denenberg’s second request was

to require manufacturers to offer these

detectors as an option on all vehicles.

As previously stated, the agency

believes that it would not be costeffective to require carbon monoxide

detectors in vehicles. For the same

reason, we do not believe manufacturers

should be required to offer them as an

option. To require them to be offered as

an option would also be costly to the

industry, as vehicles would have to be

redesigned to incorporate the detectors.

Further, if vehicle owners wish to place

a detector in their vehicles, they are not

precluded from doing so.

Regarding Mr. Denenberg’s request

that information on these detectors be

placed in owner’s manuals, we do not

believe this will effectively reach all the

affected parties. If the vehicle changes

owners, it is possible that the owner’s

manual will not be included with the

vehicle. In this case, the new owner

would be oblivious to this information.

To address the problem in a more

universal manner and reach a larger

portion of the affected parties, the

agency began to issue annual consumer

advisories about the hazards of carbon

monoxide in the Fall of 1996.

These advisories alert drivers of all

vehicles to the dangers of letting

vehicles idle in enclosed spaces, the

importance of maintaining the exhaust

system, and that snow or other debris

must be cleared from the exhaust area

before starting the vehicle. Mr.

Denenberg’s final request was for

NHTSA to include information about

the availability and value of carbon

monoxide detectors in these consumer

advisories. Regarding this request, the

agency will consider adding this

information to the next consumer

advisory on this subject.

In accordance with 49 CFR part 552,

this completes the agency’s review of

the petition. The agency has concluded

that there is no reasonable possibility

that the amendments requested by the

petitioner would be issued at the

conclusion of a rulemaking proceeding.

Accordingly, it denies Mr. Denenberg’s

petition.

Authority: 49 U.S.C. 30103, 30162;

delegation of authority at 49 CFR 1.50 and

501.8.

Issued on: September 16, 1997.

L. Robert Shelton,

Associate Administrator for Safety

Performance Standards.

[FR Doc. 97–24966 Filed 9–18–97; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

Endangered and Threatened Wildlife

and Plants; Notice of Reclassification

of Ten Candidate Taxa

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice of candidate taxa

reclassification.

SUMMARY: In this document, the U.S.

Fish and Wildlife Service (Service)

provides explanation for a change in the

status of seven animal and three plant

taxa that are under review for possible

addition to the Lists of Endangered and

Threatened Wildlife and Plants (Lists)
49192 Federal Register / Vol. 62, No. 182 / Friday, September 19, 1997 / Proposed Rules

under the Endangered Species Act of

1973, as amended (Act). These 10 taxa

are being removed from candidate status

at this time.

ADDRESSES: Questions concerning this

document should be submitted to the

Chief, Division of Endangered Species,

U.S. Fish and Wildlife Service, 1849 C

Street, NW., Mail Stop 452 ARLSQ,

Washington, DC 20240.

FOR FURTHER INFORMATION CONTACT: E.

LaVerne Smith, Chief, Division of

Endangered Species (see ADDRESSES

section) (telephone: 703/358–2171).

SUPPLEMENTARY INFORMATION:

Background

Candidate taxa are those taxa for

which the Service has on file sufficient

information to support issuance of a

proposed rule to list under the Act. The

Service recently completed its annual

review of all candidate taxa. The results

of this review indicate that several taxa

should be removed from candidate

status. This notice provides specific

explanations for the reclassification of

seven animal and three plant taxa.

It is important to note that candidate

assessment is an ongoing function and

changes in status should be expected.

Taxa that are removed from the

candidate list may be restored to

candidate status if additional

information supporting such a change

becomes available to the Service.

Requests for such information were

issued by the Service in the 1996 plant

and animal candidate notice of review

(61 FR 7596; February 28, 1996). A

revised notice of review, requesting

updated information on candidate taxa,

is published concurrently in the Federal

Register with this notice.

Findings

The Gulf Coast hog-nosed skunk

(Conepatus leuconotus texensis) was

considered to be restricted to southern

Texas and northern Mexico as far west

as San Luis Potosi and south to

Veracruz. However, the results of a

recently completed taxonomic study of

the genus Conepatus in the United

States and Mexico show no clear

difference between the two previously

delineated North American species in

this genus, C. leuconotus and C.

mesoleucus, with respect to color

patterns, anatomical measurements, or

mitochondrial DNA. The results

indicate that most subspecies of both

species, including C. leuconotus

texensis, should be combined under C.

leuconotus leuconotus. Evidence is

lacking that hog-nosed skunks in the

South Texas region are geographically

disjunct from those to the north and

west. In addition, information is lacking

that the taxonomic entity to which these

South Texas hog-nosed skunks now

belong (C. leuconotus leuconotus) is in

danger of extinction within the

foreseeable future. Based on this

information, acceptance of the Gulf

Coast hog-nosed skunk as a candidate

taxon is not warranted.

The Ramsey Canyon leopard frog

(Rana subaquavocalis) occurs at two

sites in Ramsey and Brown canyons in

the Huachuca Mountains of

southeastern Arizona. The species was

considered threatened by changes to its

habitat and genetic problems associated

with small populations. A Conservation

Agreement among the landowners and

State and Federal agencies is currently

being implemented which provides for

the conservation of the Ramsey Canyon

leopard frog through captive breeding

and reintroduction, acquisition of

habitat, and population and habitat

surveys. The Ramsey Canyon

population receives additional

protection due to its location within The

Nature Conservancy’s Ramsey Canyon

Preserve. Based on this information,

continuation of candidate status for this

species is not warranted.

The High Rock Spring tui chub (Gila

bicolor ssp.), a small minnow, was

historically known from three formerly

connected spring systems in California

and Nevada. This fish was extirpated

from the two sites in Nevada as a result

of increased pumping of groundwater

adjacent to the surface pools it

inhabited. In 1982, the California

Department of Fish and Game issued an

aquaculture permit to the landowner of

the California site to rear Mozambique

tilapia (Oreochromis mossambica).

Inadequate screening of the rearing

facilities allowed tilapia to escape into

the spring system. By 1989, the High

Rock Spring tui chub was extirpated

from the site as a result of competition

from and predation by the introduced

tilapia. The High Rock Spring tui chub

was confirmed to be extinct in 1993.

Because it is considered extinct, the

High Rock Spring tui chub is being

removed from the list of candidate taxa.

Three pomace flies (Drosophila) from

Hawaii are being removed from the list

of candidates because they are believed

to be extinct. Drosophila alsophila was

always a rare species, known from only

two localities on Hualalai volcano on

the island of Hawaii where it bred in the

stems of Urera and Charpentiera.

Drosophila psilotarsalis was also always

rare, known from a single locality on the

island of Hawaii where adults were

found only in association with

Charpentiera. Drosophila toxochaeta

was a rare species, known from a single

locality in wet forest on the island of

Molokai. These pomace flies were

believed to be extant based on historical

collection records, habitat assessments,

and surveys in the 1980’s by Drosophila

researchers. However, recent careful

efforts by Drosophila researchers at the

University of Hawaii to recollect these

species have failed, and they are now

believed to be extinct.

The Marianas euploea butterfly

(Euploea eleutho) was endemic to the

Mariana Islands and was historically

recorded from Guam, Rota, Saipan, and

the northern islands of Alamagan and

Anatahan. It was common on Guam in

1936, but has not been collected from

Guam, Rota, or Saipan since 1946.

Surveys in 1995 confirmed that it is

extinct on these southern islands. In the

1970’s, this butterfly was recorded on

Alamagan and Anatahan. Members of a

recent Japanese entomological

expedition initially believed that they

had rediscovered this species on some

of the small, remote northern Mariana

Islands. However, their collections

proved to be a different species. The

Japanese entomologists’ failure to locate

the Marianas euploea butterfly, despite

the thoroughness of their search for

butterflies, is the basis for the Service

considering that this species is currently

extinct throughout its range. Because it

is believed to be extinct, this species is

being removed from the list of

candidates.

The Surf thistle (Cirsium

rhothophilum) is a bush-like biennial or

short-lived perennial member of the

sunflower family that is endemic to

southern California. It occurs only in the

narrow strip of habitat between windblown beach and stabilized dunes. The

species was considered to be threatened

by oil production, missile facility

construction, beach users, recreational

vehicles, cattle, and non-native ice

plants. Approximately 57 percent of the

recorded locations, with 80 percent of

the total number of plants, are on

Vandenberg Air Force Base within

designated special management areas

for the western snowy plover

(Charadrius alexandrinus nivosus), a

listed threatened species. The protection

and management of these western

snowy plover areas by the Air Force

have also protected the Surf thistle

sufficiently to stabilize the population.

Based on this information, continuation

of candidate status for this species is not

warranted.

The Merced clarkia (Clarkia lingulata)

is an annual plant of the evening

primrose family that is endemic to

central California. It occurs in the

understory of pine/oak foothill

woodlands and is known from only two
Federal Register / Vol. 62, No. 182 / Friday, September 19, 1997 / Proposed Rules 49193

localities in Mariposa County. Both

localities are steep north-facing slopes

within the Sierra National Forest and

partly within a California Department of

Transportation (Caltrans) right-of-way.

The species was considered to be

threatened by road construction and

maintenance activities, power line

maintenance activities, and landslides.

Implementation of protection measures

through a Memorandum of

Understanding signed by the Forest

Service, Caltrans, and Pacific Gas and

Electric has reduced the level of threats

to the Merced clarkia. The available

information indicates that the degree of

the threats to the Merced clarkia does

not warrant issuance of a proposed rule

nor continuation of candidate status for

this species.

The San Gabriel Mountains dudleya

(Dudleya densiflora) is a white or pinkflowered perennial of the stonecrop

family that is endemic to southern

California. It occurs on steep cliffs and

canyon walls within chaparral, oak

woodland, and riparian woodlands.

This species is known from four

populations within a 9 square-mile area

along the southern face of the San

Gabriel Mountains in Los Angeles

County. The species was considered to

be threatened by mining, road

maintenance, and recreational activities.

The San Gabriel Mountains dudleya is

being removed from candidate status

because about 75 percent of the

subpopulations of the species occur on

steep cliffs and canyon walls on U.S.

Forest Service lands and are not

threatened by habitat modification at

this time.

Author

This notice was compiled from

materials supplied by staff biologists

located in the Service’s regional and

field offices. The materials were

compiled by Martin J. Miller, Division

of Endangered Species (see ADDRESSES

section).

Authority

The authority for this action is the

Endangered Species Act of 1973, as

amended, 16 U.S.C. 1531 et seq.

Dated: September 3, 1997.

Jamie Rappaport Clark,

Director, U.S. Fish and Wildlife Service.

[FR Doc. 97–24806 Filed 9–18–97; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[Docket No. 970829217–7217–01; I.D.

081597E]

RIN 0648–AJ79

Fisheries of the Northeastern United

States; Northeast Multispecies

Fishery; Framework Adjustment 18

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: NMFS issues this proposed

rule and request for comments for

Framework Adjustment 18 to the

Northeast Multispecies Fishery

Management Plan (FMP). This rule

proposes to allow pelagic midwater

trawling for herring and mackerel in

Multispecies Closed Areas I and II, the

Gulf of Maine (GOM) multispecies

closure areas, and in the Nantucket

Lightship Closed Area under certain

conditions. The intended effect of this

action is to provide greater economic

opportunity for pelagic midwater trawl

vessels to harvest herring and mackerel

while maintaining the conservation

benefits of the current multispecies

management measures.

DATES: Comments must be received on

or before October 6, 1997.

ADDRESSES: All comments concerning

these proposed regulations should be

addressed to Andrew A. Rosenberg

Ph.D., Administrator, Northeast Region,

National Marine Fisheries Service, One

Blackburn Drive, Gloucester, MA 01930.

Copies of the framework document are

available upon request from Paul J.

Howard, Executive Director, New

England Fishery Management Council, 5

Broadway, (Route 1), Saugus, MA

01906.

FOR FURTHER INFORMATION CONTACT:

Richard A. Pearson, NMFS, Fishery

Policy Analyst, 508–281–9279.

SUPPLEMENTARY INFORMATION:

Background

In 1994, at the request of the New

England Fishery Management Council

(NEFMC), NMFS, by emergency action,

closed three large areas for the duration

of the emergency to all fishing gear

capable of catching multispecies (59 FR

63926, December 12, 1994, and

amended at 60 FR 3102, January 13,

1995). These areas, known as Closed

Areas I and II, and the Nantucket

Lightship Closed Area, cover

approximately 4800 square miles (12432

sq km). In order to avoid a hiatus

between the emergency action and

implementation of Amendment 7,

NMFS issued Framework Adjustment 9

(60 FR 19364, April 18, 1995) to

implement the emegency measures on a

permament basis while Amendment 7

was being developed to address a

longterm objective of stock rebuilding.

In 1996, Amendment 7 to the FMP

continued the existing year-round

closures and closed seasonally three

additional large areas in the GOM (61

FR 27710, May 31, 1996). These areas

currently remain closed to all gear

capable of catching multispecies,

including pelagic midwater trawls.

Recently, the NEFMC was requested

by fishery participants to allow pelagic

midwater trawling for herring and

mackerel in the multispecies closed

areas. According to the participants, the

herring and mackerel fisheries capture

negligible amounts of regulated

multispecies due to the spatial

separation of pelagic and demersal

species in the water column. Because of

the low value of herring and mackerel,

it is important to industry that vessels

have unimpeded access to these species

throughout their migration to ensure

that the harvesting and/or processing

capacity of the vessels is maximized.

Large closed areas impede access and

make fishing for herring and mackerel

less economically feasible. These

pelagic species are very important for

commercial fishing vessels in New

England that participate in joint

ventures or in the directed domestic

fishery. Due to the prohibition on

fishing in closed areas and an increased

reliance on closed areas for multispecies

mortality reduction, it has become

increasingly difficult to conduct these

pelagic fishing operations.

The NEFMC has reviewed NMFS sea

sampling data from the fisheries and has

determined that pelagic midwater

trawls, when fished properly, can

operate in closed areas with a minimal

bycatch of regulated multispecies.

NMFS agrees with this determination.

However, allowing one type of trawl

vessel while prohibiting another type

could present enforcement problems.

Several requirements in Framework 18

address these enforcement concerns.

This proposed rule would allow pelagic

midwater trawling for herring and

mackerel in Closed Areas I and II, the

Nantucket Lightship Closed Area, and

the GOM Closed Areas under the

following conditions: (1) Vessels must

obtain and comply with a midwater

trawl letter of authorization (as

currently required under § 648.80(d)(2)