Federal Register / Vol. 63, No. 101 /Wednesday, May 27, 1998 /Rules and Regulations 28911

prevent arrears in the payment of such

costs. Any deposits in excess of actual

expenses will be refunded to the

depositor.

(k) The person who files a petition for

judicial review of an order under

section 408(d)(5) or (e) of the Act shall

pay the costs of preparing the record on

which the order is based unless the

person has no financial interest in the

petition for judicial review.

(l) No fee under this section will be

imposed on the Inter-Regional Research

Project Number 4 (IR-4 Program).

(m) The Administrator may waive or

refund part or all of any fee imposed by

this section if the Administrator

determines in his or her sole discretion

that such a waiver or refund will

promote the public interest or that

payment of the fee would work an

unreasonable hardship on the person on

whom the fee is imposed. A request for

waiver or refund of a fee shall be

submitted in writing to the

Environmental Protection Agency,

Office of Pesticide Programs,

Registration Division (7505C),

Washington, DC 20460. A fee of $1,650

shall accompany every request for a

waiver or refund, except that the fee

under this sentence shall not be

imposed on any person who has no

financial interest in any action

requested by such person under

paragraphs (a) through (k) of this

section. The fee for requesting a waiver

or refund shall be refunded if the

request is granted.

(n) All deposits and fees required by

the regulations in this part shall be paid

by money order, bank draft, or certified

check drawn to the order of the

Environmental Protection Agency. All

deposits and fees shall be forwarded to

the Environmental Protection Agency,

Headquarters Accounting Operations

Branch, Office of Pesticide Programs

(Tolerance Fees), P.O. Box 360277M,

Pittsburgh, PA 15251. The payments

should be specifically labeled

‘‘Tolerance Petition Fees’’ and should be

accompanied only by a copy of the letter

or petition requesting the tolerance. The

actual letter or petition, along with

supporting data, shall be forwarded

within 30 days of payment to the

Environmental Protection Agency,

Office of Pesticide Programs,

Registration Division, (7504C)

Washington, DC 20460. A petition will

not be accepted for processing until the

required fees have been submitted. A

petition for which a waiver of fees has

been requested will not be accepted for

processing until the fee has been waived

or, if the waiver has been denied, the

proper fee is submitted after notice of

denial. A request for waiver or refund

will not be accepted after scientific

review has begun on a petition.

(o) This fee schedule will be changed

annually by the same percentage as the

percent change in the Federal General

Schedule (GS) pay scale. In addition,

processing costs and fees will

periodically be reviewed and changes

will be made to the schedule as

necessary. When automatic adjustments

are made based on the GS pay scale, the

new fee schedule will be published in

the Federal Register as a Final Rule to

become effective 30 days or more after

publication, as specified in the rule.

When changes are made based on

periodic reviews, the changes will be

subject to public comment.

[FR Doc. 98–13994 Filed 5–26–98; 8:45 am]

BILLING CODE 6560–50–F

DEPARTMENT OF TRANSPORTATION

Maritime Administration

46 CFR Part 360

[Docket No. MARAD–1998–3865]

RIN 2133—AB34 (FINAL)

Transfer of Marine Equipment to Ship

Operators and Shipyards; Removal of

Obsolete Regulations

AGENCY: Maritime Administration,

Department of Transportation.

ACTION: Final rule.

SUMMARY: The Maritime Administration

(MARAD) is removing as obsolete its

regulations relating to the transfer of

marine equipment to ship operators and

shipyards.

EFFECTIVE DATE: May 27, 1998.

FOR FURTHER INFORMATION CONTACT:

Eugene Magee, Chief, Division of

Reserve Fleet, Maritime Administration,

400 Seventh St, S.W., Room 2112, Tel.

(202) 366–5752.

SUPPLEMENTARY INFORMATION: 46 CFR

part 360 prescribes regulations for the

transfer by MARAD of marine

equipment on board vessels in the

National Defense Reserve Fleet (NDRF)

to operators of U.S.-flag merchant ships

and to shipyards for the construction or

repair of U.S.-flag merchant ships, on

the basis of replacement at the earliest

possible date.

The provisions contained in 46 CFR

part 360 have been in effect over 25

years, and MARAD has found that such

marine equipment on board NDRF

vessels, which average 42 years in age,

is now commercially obsolete and

cannot be used by current U.S.-flag

merchant ships. However, such

equipment may be needed to support

inactive ships in MARAD’s Ready

Reserve Force Fleet or other retention

ships in the NDRF and therefore should

be retained.

Accordingly, the subject transfer

regulation serves no useful purpose, and

MARAD is hereby removing 46 CFR Part

360 as obsolete in this final rule.

Rulemaking Analyses and Notices

Executive Order 12866 (Regulatory

Planning and Review)

This rulemaking is not considered to

be an economically significant

regulatory action under section 3(f) of

Executive Order 12866. Also, it is not a

major rule under Pub. L. 104–121, 5

U.S.C. 804, or a significant rule under

the Department’s Regulatory Policies

and Procedures. Accordingly, it has not

been reviewed by the Office of

Management and Budget.

MARAD has determined that this

rulemaking presents no substantive

issue which it could reasonably expect

to produce meaningful public comment

since it is merely removing obsolete

regulations. Accordingly, MARAD has

determined that the notice and public

comment procedure otherwise required

by the Administrative Procedure Act, 5

U.S.C. 553(c), is unnecessary and good

cause exists, pursuant to 5 U.S.C.

553(d)(3), to make the changes effective

upon publication.

Federalism

The Maritime Administration has

analyzed this rulemaking in accordance

with the principles and criteria

contained in Executive Order 12612,

and it has been determined that these

regulations do not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Regulatory Flexibility Act

The Maritime Administration certifies

that this rulemaking will not have a

significant economic impact on a

substantial number of small entities. 46

CFR Part 360 is being removed as

obsolete, as it currently serves no useful

purpose.

Environmental Assessment

The Maritime Administration has

considered the environmental impact on

this rulemaking and has concluded that

an environmental impact statement is

not required under the National

Environmental Policy Act of 1969.

Paperwork Reduction Act

This rulemaking contains no reporting

requirement that is subject to OMB

approval under 5 CFR Part 320,
28912 Federal Register / Vol. 63, No. 101 /Wednesday, May 27, 1998 /Rules and Regulations

1The issues relating to the other standards

addressed in the NPRM are discussed in today’s

companion notice.

pursuant to the Paperwork Reduction

Act of 1980 (44 U.S.C. 3501, et seq.).

List of Subjects in 46 CFR Part 360

Government property, Maritime

carriers.

PART 360—[REMOVED]

Accordingly, under the authority of

46 App. U.S.C. 1114(b), 46 CFR part 360

is hereby removed in its entirety.

Dated: May 20, 1998.

By Order of the Maritime Administrator.

Joel C. Richard,

Secretary, Maritime Administration.

[FR Doc. 98–13878 Filed 5–26–98; 8:45 am]

BILLING CODE 4910–81–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

49 CFR Part 571

[Docket No. NHTSA–98–3837, Notice 1]

RIN 2127–AH07

Federal Motor Vehicle Safety

Standards; Metric Conversion of Tire

Standards

AGENCY: National Highway Traffic

Safety Administration (NHTSA), DOT.

ACTION: Final rule; technical

amendment.

SUMMARY: This document revises

selected Federal Motor Vehicle Safety

Standards (FMVSS) on tires by

converting English measurements

specified in those standards to metric

measurements. This is one of several

rulemaking actions that NHTSA is

undertaking to implement the Federal

policy that the metric system of

measurement is the preferred system of

weights and measures for United States

trade and commerce. The conversions

are not intended to make any changes in

the stringency of the affected FMVSS. A

companion final rule published in

today’s Federal Register converts, from

English measurements to metric

measurements, selected FMVSSs that do

not relate to tires.

This document also includes a

technical amendment to the standard on

tire selection and rims for motor

vehicles other than passenger cars so

that tire information provided on labels

may use abbreviations for units of

weight (mass) measurement.

DATE: This final rule is effective May 27,

2003. Optional early compliance with

the changes made in this final rule is

permitted beginning May 27, 1998.

ADDRESSES: Petitions for reconsideration

of this final rule should refer to the

docket and notice number cited in the

heading of this final rule and be

submitted to: Administrator, National

Highway Traffic Safety Administration,

400 Seventh Street, SW, Washington,

DC 20590. It is requested, but not

required, that 10 copies be submitted.

FOR FURTHER INFORMATION CONTACT: Mr.

Kevin Cavey, National Highway Traffic

Safety Administration, 400 Seventh

Street, SW, Washington, DC 20590. Mr.

Cavey’s telephone number is: (202) 366–

5271.

SUPPLEMENTARY INFORMATION:

I. Background Information

Section 5164 of the Omnibus Trade

and Competitiveness Act (Pub. L. 100–

418), makes it United States (U.S.)

policy that the metric system of

measurement is the preferred system of

weights and measures for United States

trade and commerce. Executive Order

12770 directs Federal agencies to

comply with the Act by adopting a

conversion schedule for their programs

by September 30, 1992. In a Federal

Register document of April 21, 1992 (57

FR 14619), the National Highway Traffic

Safety Administration (NHTSA)

published its plan to use the metric

system in NHTSA programs, and

included an implementation schedule to

convert the Federal Motor Vehicle

Safety Standards (FMVSSs) to metric

measurements.

In a final rule published on March 15,

1995 (60 FR 13639), NHTSA completed

the first phase of metrication, converting

English measurements in the following

FMVSSs to the metric system: Standard

No. 102, Transmission shift lever

sequence, starter interlock, and

transmission braking effect; Standard

No. 103, Windshield defrosting and

defogging systems; Standard No. 104,

Windshield wiping and washing

systems; Standard No. 107, Reflecting

surfaces; Standard No. 110, Tire

selection and rims; Standard No. 112,

Headlamp concealment devices;

Standard No. 114, Theft protection;

Standard No. 115, Vehicle identification

number—basic requirements; Standard

No. 120, Tire selection and rims for

motor vehicles other than passenger

cars; Standard No. 124, Accelerator

control systems; Standard No. 126,

Truck-camper loading; Standard No.

205, Glazing materials; Standard No.

206, Door locks and door retention

components; Standard No. 207, Seating

systems; Standard No. 212, Windshield

mounting, and Standard No. 216, Roof

crush resistance.

In the March 14, 1995 final rule,

NHTSA established the following

principles for converting English system

measurements to the metric system:

(1) Equivalent conversions are

generally favored, not exact ones;

(2) The term ‘‘mass’’ is favored over

the term ‘‘weight,’’ except when

‘‘weight’’ is used as part of a defined

term;

(3) Force measurements are converted

by specifying in the regulatory language

the steps for making the conversion; and

(4) Dual measurements (i.e., both

English and metric measurements) are

used in a standard when it seems likely

that it will be read by persons not fully

accustomed to using the metric system.

NHTSA stated its intent to follow these

principles in future metrication

rulemakings.

II. Notice of Proposed Rulemaking for

Second Phase

On April 21, 1997, NHTSA began its

second phase of metricating the

FMVSSs by publishing a notice of

proposed rulemaking to convert English

measurements in the following Federal

Motor Vehicle Safety Standards to the

metric system: Standard No. 101,

Controls and displays; Standard No.

109, New pneumatic tires; Standard No.

111, Rearview mirrors; Standard No.

116, Motor vehicle brake fluids;

Standard No. 117, Retreaded pneumatic

tires; Standard No. 119, New pneumatic

tires for vehicles other than passenger

cars; Standard No. 123, Motorcycle

controls and displays; Standard No. 201,

Occupant protection in interior impact;

Standard No. 202, Head restraints;

Standard No. 203, Impact protection for

the driver from the steering control

system; Standard No. 204, Steering

control rearward displacement;

Standard No. 209, Seat belt assemblies;

Standard No. 210, Seat belt assembly

anchorages; Standard No. 219,

Windshield zone intrusion; Standard

No. 220, School bus rollover protection;

Standard No. 222, School bus passenger

seating and crash protection; Standard

No. 301, Fuel system integrity; and

Standard No. 302, Flammability of

interior materials.

The agency raised issues concerning

the following proposed conversions: 1

Exact Versus Equivalent

Conversions—In the NPRM, NHTSA

stated that although it generally favors

the use of equivalent conversions, it will

not use equivalent conversions where

there is a specific safety need or other

reason to make an exact conversion. For