26764 Federal Register / Vol. 63, No. 93 /Thursday, May 14, 1998 / Proposed Rules

horizontal plane located 1,900 mm (75

inches) above the ground, and between

a transverse vertical plane tangent to the

rear extremity of the vehicle and a

transverse vertical plane located 305

mm (12 inches) forward of that plane

when the vehicle is unloaded; its fuel

tanks are full; and the tires (and air

suspension, if so equipped) are inflated

in accordance with the manufacturer’s

recommendations. Non-structural

protrusions such as taillights, hinges

and latches are excluded from the

determination of the outermost point.

* * * * *

Special purpose vehicle. A trailer or

semitrailer having work-performing

equipment that, while the vehicle is in

transit, resides in or moves through the

area that could be occupied by the

horizontal member of the rear impact

guard, as defined by the guard width,

height and rear surface requirements of

§ 571.224 (paragraphs S5.1.1 through

S5.1.3).

* * * * *

Wheels back vehicle. A trailer or

semitrailer whose rearmost axle is

permanently fixed and is located such

that the rearmost surface of the tires (of

the size recommended by the vehicle

manufacturer for the rear axle) is not

more than 305 mm (12 inches) forward

of the transverse vertical plane tangent

to the rear extremity of the vehicle.

3. Section 393.86 is revised to read as

follows:

§ 393.86 Rear impact guards and rear end

protection.

(a) General requirements for trailers

and semitrailers manufactured on or

after January 26, 1998. Each trailer and

semitrailer with a gross vehicle weight

rating of 4,536 kg (10,000 pounds) or

more, and manufactured on or after

January 26, 1998, must be equipped

with a rear impact guard that meets the

requirements of Federal Motor Vehicle

Safety Standard No. 223 (49 CFR

571.223) in effect at the time the vehicle

was manufactured. When the rear

impact guard is installed on the trailer

or semitrailer, the vehicle must, at a

minimum, meet the requirements of

FMVSS No. 224 (49 CFR 571.224) in

effect at the time the vehicle was

manufactured. Trailers and semitrailers

subject to this paragraph must meet the

requirements of paragraphs (b) through

(f) of this section. The requirements of

paragraphs (a) through (f) do not apply

to pole trailers (as defined in § 390.5);

pulpwood trailers, low chassis trailers,

special purpose trailers, wheels back

trailers (as defined in § 393.5); and

trailers towed in driveaway-towaway

operations (as defined in § 390.5).

(b) Impact guard width. The

outermost surfaces of the horizontal

member of the guard must extend to

within 100 mm (4 inches) of the side

extremities of the vehicle. The

outermost surface of the horizontal

member shall not extend beyond the

side extremity of the vehicle.

(c) Guard height. The vertical distance

between the bottom edge of the

horizontal member of the guard and the

ground shall not exceed 560 mm (22

inches) at any point across the full

width of the member. Guards with

rounded corners may curve upward

within 255 mm (10 inches) of the

longitudinal vertical planes that are

tangent to the side extremities of the

vehicle.

(d) Guard rear surface. At any height

560 mm (22 inches) or more above the

ground, the rearmost surface of the

horizontal member of the guard must be

within 305 mm (12 inches) of the rear

extremity of the vehicle. This paragraph

shall not be construed to prohibit the

rear surface of the guard from extending

beyond the rear extremity of the vehicle.

Guards with rounded corners may curve

forward within 255 mm (10 inches) of

the side extremity.

(e) Cross-sectional vertical height. The

horizontal member of each guard must

have a cross sectional vertical height of

at least 100 mm (3.94 inches) at any

point across the guard width.

(f) Certification and labeling

requirements for rear impact protection

guards. Each rear impact guard used to

satisfy the requirements of paragraph (a)

of this section must be permanently

marked or labeled as required by

FMVSS No. 223 (49 CFR 571.223, S5.3).

The label must be on the forward-facing

surface of the horizontal member of the

guard, 305 mm (12 inches) inboard of

the right end of the guard. The

certification label must contain the

following information:

(1) The impact guard manufacturer’s

name and address;

(2) The statement ‘‘Manufactured in

llll’’ (inserting the month and year

that the guard was manufactured); and,

(3) The letters ‘‘DOT’’, constituting a

certification by the guard manufacturer

that the guard conforms to all

requirements of FMVSS No. 223.

(g) Requirements for motor vehicles

manufactured after December 31, 1952

(except trailers or semitrailers

manufactured on or after January 26,

1998). Each motor vehicle manufactured

after December 31, 1952, (except of

truck tractors, pole trailers, or vehicles

in driveaway-towaway operations) in

which the vertical distance between the

rear bottom edge of the body (or the

chassis assembly if the chassis is the

rearmost part of the vehicle) and the

ground is greater than 76.2 cm (30

inches) when the motor vehicle is

empty, shall be equipped with a rear

impact guard(s). The rear impact

guard(s) must be installed and

maintained in such a manner that:

(1) The vertical distance between the

bottom of the guard(s) and the ground

does not exceed 76.2 cm (30 inches)

when the motor vehicle is empty;

(2) The maximum distance between

the closest points between guards, if

more than one is used, does not exceed

61 cm (24 inches);

(3) The outermost surfaces of the

horizontal member of the guard are no

more than 45.7 cm (18 inches) from

each side extremity of the motor

vehicle;

(4) The impact guard(s) are no more

than 61 cm (24 inches) forward of the

rear extremity of the motor vehicle.

(h) Construction and attachment. The

rear impact guard(s) must be

substantially constructed and attached

by means of bolts, welding, or other

comparable means.

(i) Vehicle components and structures

that may be used to satisfy the

requirements of paragraph (g) of this

section. Low chassis vehicles, special

purpose vehicles, or wheels back

vehicles constructed and maintained so

that the body, chassis, or other parts of

the vehicle provide the rear end

protection comparable to impact

guard(s) conforming to the requirements

of paragraph (g) of this section shall be

considered to be in compliance with

those requirements.

[FR Doc. 98–12753 Filed 5–13–98; 8:45 am]

BILLING CODE 4910–22–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AE86

Endangered and Threatened Wildlife

and Plants; Notice of Public Hearing

on Proposed Endangered Status for

Devils River Minnow (Dionda diaboli)

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule; notice of public

hearing.

SUMMARY: The U.S. Fish and Wildlife

Service (Service) gives notice that a

public hearing will be held on the

proposed determination of endangered

status for the Devils River minnow

(Dionda diaboli). This fish is found in
Federal Register / Vol. 63, No. 93 /Thursday, May 14, 1998 / Proposed Rules 26765

Val Verde and Kinney counties, Texas,

and Coahuila, Mexico. All interested

parties are invited to submit comments

on this proposal.

DATES: The public hearing will be held

from 5:30 p.m. to 8 p.m. on May 28,

1998, in Del Rio, Texas. The comment

period closes July 27, 1998.

ADDRESSES: The public hearing will be

held at the Freshmen School Cafeteria of

the San Felipe-Del Rio Independent

School District, located at 90 Memorial

Drive in Del Rio, Texas. Written

comments and materials concerning the

proposal should be sent to the Field

Supervisor, Austin Ecological Services

Field Office, U.S. Fish and Wildlife

Service, 10711 Burnet Road, Suite 200,

Austin, Texas, 78758. Comments and

materials received will be available for

public inspection, by appointment,

during normal business hours at the

above address.

FOR FURTHER INFORMATION CONTACT:

Nathan Allan, Fish and Wildlife

Biologist (see ADDRESSES section)

(telephone 512/490–0057; facsimile

512/490–0974).

SUPPLEMENTARY INFORMATION:

Background

The current range of the Devils River

minnow is limited to three stream

systems in Val Verde and Kinney

counties, Texas, and one drainage in

Coahuila, Mexico. The species’ range

has been significantly contracted and

fragmented. In addition, the numbers of

Devils River minnows collected during

fish surveys has declined dramatically

over the past 25 years; the species has

declined from one of the most abundant

fish to one of the least abundant. Based

on the current information, the decline

of the species in both distribution and

abundance may be attributed in large

part to the effects of habitat loss and

modification and the introduction of

nonnative fish into habitats of the Devils

River minnow.

On March 27, 1998, the Service

published a proposed rule to list the

Devils River minnow as endangered

under the Endangered Species Act (Act)

of 1973, as amended. Section 4(b)(5)(E)

of the Act requires that a public hearing

be held if requested within 45 days of

the proposal’s publication in the

Federal Register. Because of the past

public interest in the listing of this

species, the Service opened the public

comment period for 120 days and

planned the public hearing in advance

of a request.

The Service has scheduled this

hearing for 5:30 p.m. to 8 p.m. on May

28, 1998, at the Freshmen School

Cafeteria of the San Felipe-Del Rio

Independent School District, located at

90 Memorial Drive in Del Rio, Texas.

Anyone wishing to make an oral

statement for the record is encouraged

to provide a written copy of their

statement to be presented to the Service

at the start of the hearing. In the event

there is a large attendance, the time

allotted for oral statements may have to

be limited. Oral and written statements

receive equal consideration. There are

no limits on the length of written

comments presented at this hearing or

mailed to the Service. Legal notices

announcing the date, time and location

of the hearing are being published in

newspapers concurrently with this

Federal Register notice.

The comment period on the proposal

will remain open until July 27, 1998.

Written comments may be submitted

until that date to the Service office in

the ADDRESSES section.

Author

The primary author of this notice is

Nathan Allan (see ADDRESSES section)

(telephone 512/490–0057; facsimile

512/490–0974).

Authority

The authority for this action is the

Endangered Species Act of 1973 (16

U.S.C. 1531 et seq.).

Dated: May 7, 1998.

Nancy M. Kaufman,

Regional Director, Fish and Wildlife Service.

[FR Doc. 98–12839 Filed 5–13–98; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 654

[Docket No. 980501114–8114–01; I.D.

041698G]

RIN 0648–AK48

Stone Crab Fishery of the Gulf of

Mexico; Amendment 6

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 to implement Amendment 6 to the

Fishery Management Plan for the Stone

Crab Fishery of the Gulf of Mexico

(FMP). Amendment 6 would extend, for

up to 4 years, the existing temporary

moratorium on the Federal registration

of stone crab vessels. The intended

effect is to provide additional time for

the industry and Florida to develop and

implement a limited access system for

the fishery.

DATES: Written comments will be

considered if received on or before June

29, 1998.

ADDRESSES: Send comments on the

proposed rule to the Southeast Regional

Office, NMFS, 9721 Executive Center

Drive N., St. Petersburg, FL 33702.

Requests for copies of Amendment 6,

which includes a regulatory impact

review and an environmental

assessment, should be sent to the Gulf

of Mexico Fishery Management Council,

3018 U.S. Highway 301 North, Suite

1000, Tampa, FL 33619–2266; Phone:

813–228–2815; Fax: 813-225–7015.

FOR FURTHER INFORMATION CONTACT:

Michael E. Justen, 813–570–5305.

SUPPLEMENTARY INFORMATION: The FMP

was prepared by the Gulf of Mexico

Fishery Management Council (Council)

and is implemented under the authority

of the Magnuson-Stevens Fishery

Conservation and Management Act

(Magnuson-Stevens Act) by regulations

at 50 CFR part 654.

Background

Final regulations implemented the

FMP on September 30, 1979 (44 FR

53519), and apply only to the exclusive

economic zone (EEZ) off Florida’s west

coast (including Monroe County), the

primary location of the directed stone

crab fishery.

The original FMP required vessels to

be registered by the appropriate state or

Federal agency and assigned an

identification number and color code for

the vessel and gear. Federal regulations

allowed fishermen to obtain a Federal

identification number and color code

from the NMFS Southeast Regional

Office, if the applicant could not obtain

an identification number and color code

from Florida. However, the NMFS

Southeast Regional Office has never

issued an identification number and

color code to anyone to participate in

the stone crab fishery because fishermen

could obtain them from Florida.

Amendment 5, implemented on April

14, 1995 (60 FR 13918), placed a 3-year

moratorium (April 15, 1995 - June 30,

1998) on the Federal registration of

stone crab vessels. The Council

recommended, and NMFS approved and

implemented, the Federal moratorium

because the Florida Legislature passed a

moratorium on the issuance of state

permits, effective July 1, 1995, while the

Florida Marine Fisheries Commission

(FMFC), in cooperation with the stone

crab industry, considered development