Federal Register / Vol. 63, No. 138 / Monday, July 20, 1998 / Proposed Rules 38803

requests relief from meeting the FMVSS

because the Whizzer requires human

power to start from a static position, it

will not exceed 25 mph., it is extremely

light weight, and is designed to

accommodate one person only. In its

October 2, letter, the petitioner argued

that it should be allowed to offer the

Whizzer without lighting, so as to deter

night riding. Recognizing that some

riders will still go out at night, the

petitioner offered to provide a large

prominent warning decal with the

advisory ‘‘not approved for night

riding’’.

Finally, the petitioner claims that the

Whizzer is a nostalgia vehicle. The

petitioner did not elaborate on this

point. NHTSA assumes that the

petitioner is arguing that since its goal

is to produce a replica of a 1940s style

vehicle, it should not be required to

depart from the original design in order

to conform the bicycle to standards

intended for vehicles manufactured a

half century later.

Discussion and Decision

NHTSA concludes that the Whizzer is

a motor vehicle. This conclusion is

based on the information presented by

the petitioner that the Whizzer is fully

capable of 25 mph sustained speed

without pedal assist. Since the Whizzer

has two wheels and its motor is less

than 2 horsepower, it is classified not

only as a motorcycle, but also as a

motor-driven cycle.

The petitioner has provided no

justification for excepting the Whizzer

and other motorized bicycles from

compliance with the FMVSS. Although

the Whizzer is intended to replicate a

design of the 1940s, the public expects,

and is entitled to, a greater degree of

safety on the road than was available 50

years ago. Federal motor vehicle safety

standards are now in place for the

purpose of protecting the operators of

two-wheeled vehicles in an

environment of heavier road traffic than

existed half a century past. For 30 years,

motor-driven cycles have been built and

certified to comply with FMVSS

addressing not only lighting, braking,

and controls and displays as discussed,

but also with FMVSS covering brake

hoses, mirrors, tires and rims, and

glazing if provided. Over the years,

NHTSA has learned the importance of

ensuring that small vehicles are

detectable by larger users of the

roadway. Detectability is enhanced by a

vehicle’s lamps and reflectors. Whizzers

of the 1940s were equipped with a

magneto and no electrical generating

capability, and the only lamps available

were add-on lamps powered by selfcontained batteries. Today, motordriven cycles have either generators or

alternators to provide power for

Federally required headlamps,

taillamps, turn signals and stop lamps.

Congress expected NHTSA to

promulgate standards that would

continue to allow the public a wide

choice of vehicles, but it did not intend

that NHTSA do so at the expense of

safety. Therefore, the agency does not

accept the petitioner’s argument that it

should be allowed to produce a motordriven cycle without the safety

equipment found on other motor-driven

cycles, simply because to require

compliance might detract from the

authenticity of the vehicle.

NHTSA has completed its technical

review pursuant to 49 CFR Sec. 552.6,

and, taking into account other

appropriate factors as discussed above,

denies the petition by Whizzer

Motorbike Company.

Authority: Delegations of authority at 49

CFR 1.50 and 501.8.

Issued on: July 15, 1998.

L. Robert Shelton,

Associate Administrator for Safety

Performance Standards.

[FR Doc. 98–19216 Filed 7–17–98; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AC21

Endangered and Threatened Wildlife

and Plants; Reopening of Comment

Period on Proposed Endangered

Status for Puccinellia Parishii (Parish’s

Alkali Grass)

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule; notice of

reopening of public comment period.

SUMMARY: The Fish and Wildlife Service

provides notice that the public comment

period is reopened for the proposal to

list Puccinellia parishii (Parish’s alkali

grass) as an endangered species

pursuant to the Endangered Species Act

of 1973, as amended. This small annual

grass occurs near desert springs, seeps,

and seasonally wet areas in Apache,

Coconino, and Yavapai counties,

Arizona; San Bernardino County,

California; and Catron, Cibola, Grant,

Hidalgo, McKinley, Sandoval, and San

Juan counties, New Mexico.

DATES: This comment period closes on

August 19, 1998.

ADDRESSES: Written comments and

materials should be sent to the Field

Supervisor, New Mexico Ecological

Services Field Office, U.S. Fish and

Wildlife Service, 2105 Osuna Road, NE.,

Albuquerque, New Mexico 87113.

Comments and materials received will

be available for public inspection during

normal business hours, by appointment,

at the above address.

FOR FURTHER INFORMATION CONTACT:

Charlie McDonald at the above address

or telephone (505) 346–2525.

SUPPLEMENTARY INFORMATION:

Background

Puccinellia parishii (Parish’s alkali

grass) was proposed for designation as

an endangered species under the

Endangered Species Act of 1973, as

amended (Act) (16 U.S.C. 1531 et seq.)

on March 28, 1994 (59 FR 14378). A 60-

day public comment period was

provided on the proposal. All interested

parties were requested to submit factual

reports or information that might

contribute to the accuracy and

effectiveness of any final action

resulting from the proposal. The U.S.

Fish and Wildlife Service (Service)

received one request for a public

hearing, and a notice announcing the

public hearing and reopening the

comment period was published in the

Federal Register on August 30, 1994 (59

FR 44700). The public hearing was held

on September 15, 1994, in Tuba City,

Arizona.

Following the initial and reopened

comment periods and public hearing,

the Service received additional

information on the distribution,

abundance, habitat requirements, and

threats for Parish’s alkali grass. This

new information is summarized in the

following paragraphs.

Parish’s alkali grass is now known

from 29 sites as opposed to the 10 sites

reported in the proposed rule. The

known sites in New Mexico have

increased to 16 from the 1 that was

reported in the proposed rule. The new

sites for New Mexico are in Catron (1),

Cibola (1), Hidalgo (1), McKinley (6),

Sandoval (4), and San Juan (2) counties.

The 1 site reported in the proposed rule

is in Grant County. The known sites in

Arizona have increased to 11 from the

7 that were reported in the proposed

rule. The new sites for Arizona are in

Apache (3) and Yavapai (1) Counties.

The 7 sites reported in the proposed

rule are in Coconino County.

The known sites in California have

decreased to 1 from the 2 that were

reported in the proposed rule. Dr.

Andrew Sanders of the University of

California, Riverside identified the
38804 Federal Register / Vol. 63, No. 138 / Monday, July 20, 1998 / Proposed Rules

plants from Edwards Air Force Base in

Kern County as Puccinellia simplex

rather than P. parishii (C. Rutherford,

U.S. Fish and Wildlife Service, in litt.

1995). The other California site reported

in the proposed rule is in San

Bernardino County.

Some of the newly discovered sites

extend the overall range of the species.

In particular, discoveries in

northwestern New Mexico extend the

species’ range about 300 km (200 mi)

eastward from previously known sites

in Arizona, and the discovery in westcentral Arizona extends the species’

range about 240 km (150 mi)

southwestward in that state. Many of

the new sites fill gaps in the known

distribution making populations much

less disjunct from one another than

previously believed.

Some newly discovered sites for

Parish’s alkali grass indicate the species

occupies a broader range of habitats

than previously supposed. In addition

to sites near desert springs and seeps,

some newly discovered sites are in areas

where the soils are subirrigated and wet

only during the winter and spring

months. These sites are generally not

identified as springs on maps and are

only noticeable because their greener

vegetation contrasts with the

surrounding brown vegetation during

the spring months. One newly

discovered site occurs at 2,240 m (7,350

ft) in elevation, which is 410 m (1,350

ft) higher than any of the sites in the

proposed rule. These discoveries greatly

increase the number of potential sites

where Parish’s alkali grass might be

found.

Some of the newly discovered sites

indicate Parish’s alkali grass may

withstand disturbance better than

previously suspected. At several sites,

cattle have closely cropped the

vegetation and severely trampled the

area. However, Parish’s alkali grass

persists at the sites. In one instance, a

highway right-of-way fence protects part

of the site from grazing. The protected

area has a dense stand of sweet clover

(Melilotus sp.) and no Parish’s alkali

grass, but the grass is abundant in the

grazed area only a few meters away.

Some disturbance likely reduces

competition and creates microsites for

seedling establishment for Parish’s

alkali grass, which is a short-statured

annual plant.

No final decision has been made on

whether to give Parish’s alkali grass

protection under the Act or to withdraw

the listing proposal. In consideration of

the length of time since the initial

proposal and the new information about

the species, the Service is reopening the

comment period and seeking comments

or suggestions from the public, other

concerned governmental agencies, the

scientific community, industry, or any

other interested party concerning the

proposed rule. The Service is seeking

any other new information that may

have been developed since the proposal

was published, and that may expand the

current knowledge of the status,

distribution, or threats for Parish’s alkali

grass. The new comment period closes

on August 19, 1998. Any comments

should be sent to the Field Supervisor,

New Mexico Ecological Services Field

Office (see ADDRESSES section).

Reference Cited

Sivinski, R. 1995. Parish’s alkali grass,

progress report. New Mexico Forestry

and Resources Conservation Division

Section 6 Performance Report, Project

E9, Segment 9. U.S. Fish and Wildlife

Service, Albuquerque, New Mexico.

Author: The primary author of this

document is Charlie McDonald (see

ADDRESSES section).

Authority

The authority for this action is the

Endangered Species Act (16 U.S.C. 1532

et seq.).

Dated: July 9, 1998.

Frank Shoemaker,

Regional Director, Region 2.

[FR Doc. 98–19208 Filed 7–17–98; 8:45 am]

BILLING CODE 4310–55–P