1750 Federal Register / Vol. 60, No. 3 / Thursday, January 5, 1995 / Rules and Regulations

Although the wording of the two

labels varies slightly, the variation is not

substantive. The agency therefore has no

objection if exempted manufacturers

wish to exhaust their present supply of

labels with the old wording.

The notice also revises the authority

citation for Part 555 to reflect the

recodification in Title 49 of the United

States Code of the statutory provisions

previously in Title 15.

Effective Date

Because the amendment is technical

in nature and has no substantive impact,

it is hereby found that notice and

comment thereon are unnecessary.

Further, because the amendment is

technical in nature and has no

substantive impact, it is hereby found

for good cause shown that an effective

date earlier than 180 days after issuance

of the rule is in the public interest, and

the amendment is effective February 6,

1995. As the amendment makes no

substantive change, it does not affect

any of the impacts previously

considered in the promulgation of part

555.

Rulemaking Analyses

Executive Order 12866 and DOT

Regulatory Policies and Procedures.

This rulemaking action has not been

considered under Executive Order

12866. However, it has been determined

to be not significant under the

Department of Transportation’s

regulatory policies and procedures. The

agency has determined that the

economic effects of the amendment are

so minimal that a full regulatory

evaluation is not required.

Manufacturers subject to the final rule

are not affected by the technical

correction.

Regulatory Flexibility Act. The agency

has also considered the effects of this

rulemaking action in relation to the

Regulatory Flexibility Act. I certify that

this rulemaking action will not have a

significant economic effect upon a

substantial number of small entities.

Although manufacturers who receive

temporary exemptions are generally

small businesses within the meaning of

the Regulatory Flexibility Act, the

agency estimates that there will be no

cost to conform to the final rule.

Further, small organizations and

governmental jurisdictions will not be

significantly affected as the price of new

exempted motor vehicles will not be

impacted. Accordingly, no Regulatory

Flexibility Analysis has been prepared.

Executive Order 12612 (Federalism).

This rulemaking action has been

analyzed in accordance with the

principles and criteria contained in

Executive Order 12612 on

‘‘Federalism.’’ It has been determined

that the rule does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

National Environmental Policy Act.

NHTSA has analyzed this rulemaking

action for purposes of the National

Environmental Policy Act. The rule will

not have a significant effect upon the

environment. Manufacturers subject to

this regulation must already provide a

certification label for their vehicles. The

rule will not have an effect upon fuel

consumption.

Civil Justice. This rule does not have

any retroactive effect. Under 49 U.S.C.

30103, 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 30161 of

Title 49 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.

List of Subjects in 49 CFR Part 555

Imports, Motor vehicle safety, Motor

vehicles.

PART 555—TEMPORARY

EXEMPTIONS FROM MOTOR VEHICLE

SAFETY STANDARDS

In consideration of the foregoing, 49

CFR part 555 is amended as follows:

1. The authority citation for part 555

is revised to read as follows:

Authority: 49 U.S.C. 30113; delegation of

authority at 49 CFR 1.50.

2. Section 555.9 is amended by

revising paragraph (c)(1) to read as

follows:

§ 555.9 Temporary exemption labels.

* * * * *

(c) * * *

(1) The statement required by

§ 567.4(g)(5) of this chapter shall end

with the phrase ‘‘except for Standards

Nos. [listing the standards by number

and title for which an exemption has

been granted] exempted pursuant to

NHTSA Exemption No.

llllllll.’’

* * * * *

Issued on December 28, 1994.

Ricardo Martinez,

Administrator.

[FR Doc. 95–100 Filed 1–4–95; 8:45 am]

BILLING CODE 4910–59–P

49 CFR Part 571

[Docket No. 80–9; Notice 10]

RIN 2127–AE86

Lamps, Reflective Devices, and

Associated Equipment

AGENCY: National Highway Traffic

Safety Administration (NHTSA), DOT.

ACTION: Final rule.

SUMMARY: This notice amends the trailer

conspicuity requirements of Motor

Vehicle Safety Standard No. 108 to

provide clarifications of the existing

rule with respect to tank trailers and to

the width of retroreflective conspicuity

sheeting.

DATES: The final rule is effective

February 6, 1995.

FOR FURTHER INFORMATION CONTACT:

Patrick Boyd, Office of Vehicle Safety

Standards, NHTSA (202–366–6346).

SUPPLEMENTARY INFORMATION: Motor

Vehicle Safety Standard No. 108 Lamps,

Reflective Devices and Associated

Equipment was amended on December

10, 1992, to add S5.7 Conspicuity

Systems, and associated Figure 30,

requirements establishing a visibility

enhancement scheme for large trailers

(57 FR 58406). In response to petitions

for reconsideration, S5.7 was amended

on October 6, 1993 (58 FR 52021).

The requirements, which became

effective December 1, 1993, have been

the subject of a number of questions

which the agency has answered through

interpretation letters. After due

consideration, NHTSA has decided that

incorporating these interpretations into

the standard by making minor changes

in the regulatory text and Figure 30

would better serve the needs of trailer

manufacturers and users. These changes

are not intended to create additional

burdens on any person, and should not

be interpreted as requiring a change in

practice by any manufacturer who has

been certifying conformance to S5.7 and

Figure 30 of Standard No. 108 on the

basis of Standard No. 108 as it existed

before the effective date of these

amendments.

Upper Rear Treatment of Tank Trailers

The notice proposing conspicuity

treatment for trailers (December 4, 1991,

56 FR 63474) contained an alternative

that dealt specifically with trailers such

as tank trailers whose rear configuration

was other than rectangular. On such

trailers, under proposed S5.7.1.4.1(d),

the conspicuity treatment would ‘‘be

applied to follow the contours of the

rear in the uppermost and outermost

areas of the rear of the trailer body on
Federal Register / Vol. 60, No. 3 / Thursday, January 5, 1995 / Rules and Regulations 1751

the upper and left sides.’’ This treatment

was illustrated in proposed Figure 31C.

When the final rule was published, a

more general requirement applicable to

all trailers without reference to rear

configuration was adopted with the

thought that a less detailed specification

would afford greater flexibility to trailer

manufacturers. Under S5.7.1.4.1(b), the

treatment is ‘‘applied horizontally and

vertically to the right and upper left

contours of the body, as viewed from

the rear * * * .’’ Figure 31C was not

adopted and Figure 30, which was

adopted, depicts van and platform

trailers only. Further, NHTSA provided

no explanation of why the tank trailer

proposals were not adopted. It has since

explained to the industry in

interpretation letters that the tank trailer

proposal, as illustrated in Figure 31C, is

an acceptable scheme for compliance

with S5.7.1.4.1(b). To reflect these

interpretations, NHTSA is amending

S5.7.1.4.1(b) to specify that ‘‘if the rear

of the trailer is other than rectangular,

the strips may be applied to follow the

contours of the rear in the uppermost

and outermost areas of the rear of the

trailer body on the left and right sides.’’

Trailer Illustrations

Figure 30 shows a side stripe with

two breaks to illustrate that the side

stripe is not required to be continuous.

This Figure has been interpreted

literally by some small manufacturers as

requiring three long pieces of material.

NHTSA is replacing Figure 30 with four

drawings (Figures 30–1 through 30–4)

which are more realistic. They include

two examples of tank trailers which

illustrate interpretations that side

material may be mounted at the tank

centerline when practicable locations

closer to the ground are unavailable,

another source of questions from tank

trailer manufacturers. The new Figure

also shows other required lamps and

reflectors, which had not been

illustrated in the original Figure 30.

Paragraph S5.1.1.29 (as amended

October 6, 1993 (58 FR 52021)) states

that ‘‘A trailer equipped with

conspicuity treatment in conformance

with S5.7 * * * need not be equipped

with the reflex reflectors required by

Table I of this standard if the

conspicuity material is placed at the

locations of the reflex reflectors required

by Table I (emphasis added). The

following discussion addresses the

issues that have been raised by trailer

manufacturers in their attempts to

interpret S5.1.1.29.

Table II of Standard No. 108 requires

side reflex reflectors on large trailers to

be located from 375 mm to 1525 mm

above the road surface and they must be

located where they are visible

throughout a geometric range of +/¥10

degrees vertically and +/¥20 degrees

horizontally. There is no geometric

visibility specification for conspicuity

material which may be located as close

to between 375 mm and 1525 mm as

practicable. NHTSA is aware of at least

two common examples of trailer

conspicuity treatments which could not

be placed at the same location as reflex

reflectors. Container chassis use a side

conspicuity treatment on the frame

because there is no alternative. The

material near the ends of a container

chassis frame is shrouded by the

forward and rear bolsters (full width

cross members), and is not visible

throughout the +/¥20 degrees

horizontal range required of reflex

reflectors. Therefore, the reflex

reflectors mounted at the tips of the

bolsters must be retained. The other

example appears in the new Figures. A

tank trailer with conspicuity material on

the fenders is shown in Figure 30–3,

and the reflex reflectors may be omitted,

but Figure 30–4 shows a tank trailer

with a conspicuity treatment on the tank

at a height much greater than 1525 mm.

The height of the conspicuity material

in Figure 30–4 is dictated by

practicability, but the reflex reflectors

must be located in the required range of

375 mm to 1525 mm and cannot be

omitted.

Width of Retroreflective Tape

Paragraph S5.7.1.3(e) establishes three

grades of retroreflective sheeting

material (C2, C3, and C4) based on

minimum levels of retroreflective

brightness. Paragraph S5.7.1.3(d)

establishes the width of C2, C3, and C4

sheeting. The intent of Standard No. 108

is to establish a minimum amount of

light return per linear unit of

conspicuity treatment. Thus, C2

material (with the stated width of 50

mm) could be used in widths of 75 mm

(C3) or 100 mm (C4) because it exceeds

the minimum performance requirements

of C3 and C4 material. For the same

reason, C3 material could be used in a

width of 100 mm. Some trailer

manufacturers would like to use C2

material in 75 mm or 100 mm widths

but regard the unqualified width value

as precluding them from doing so.

NHTSA therefore is amending the width

figures to be expressed as minimum

values. This will also cure a technical

problem affecting C2 material, which is

available in 2-inch widths, but not the

slightly lesser 50 mm width expressed

in Standard No. 108.

Typographical Errors

In Notice 8 published on October 6,

1993, S5.7.1.4.1(c) erroneously stated a

minimum width of 388 mm for

conspicuity material placed on the

horizontal member of the rear underride

guard; the correct minimum is 38 mm.

The text of Standard No. 108 that is

published annually in the Code of

Federal Regulations omits underlining

from the captions of paragraphs S5.4,

S7.5 and S7.7. These are added.

Effective Date

Because the final rule clarifies

existing requirements and imposes no

additional burden upon any person, it is

hereby found for good cause shown that

an effective date earlier than 180 days

after issuance of the final rule is in the

public interest. Accordingly these

amendments are effective 30 days after

their publication in the Federal

Register.

Rulemaking Analyses and Notices

Executive Order 12866 and DOT

Regulatory Policies and Procedures.

This rulemaking has not been reviewed

under Executive Order 12866. It has

been determined that the rulemaking is

not significant under Department of

Transportation regulatory policies and

procedures. The purpose of the rule is

to clarify existing requirements. Since

the rule does not have any significant

cost or other impacts, preparation of a

full regulatory evaluation is not

warranted.

National Environmental Policy Act.

NHTSA has analyzed this rule for the

purposes of the National Environmental

Policy Act. It is not anticipated that the

rule will have a significant effect upon

the environment simply because of the

clarifications made to existing

requirements.

Regulatory Flexibility Act. The agency

has also considered the impacts of this

rule in relation to the Regulatory

Flexibility Act. Based on the discussion

above, I certify that this rule will not

have a significant economic impact

upon a substantial number of small

entities. Accordingly, no regulatory

flexibility analysis has been prepared.

Manufacturers of motor vehicles and

motor vehicle equipment, those affected

by the rule, are generally not small

businesses within the meaning of the

Regulatory Flexibility Act. Further,

small organizations and governmental

jurisdictions will not be significantly

affected by these minor amendments.

Executive Order 12612 (Federalism).

This rule has also been analyzed in

accordance with the principles and

criteria contained in Executive Order
1752 Federal Register / Vol. 60, No. 3 / Thursday, January 5, 1995 / Rules and Regulations

12612, and NHTSA has determined that

this rule does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Civil Justice Reform. This final rule

does not have any retroactive effect.

Under 49 U.S.C. 30103, 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.

Forty-nine U.S.C. 30161 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.

List of Subjects in 49 CFR Part 571

Imports, Motor vehicle safety, Motor

vehicles.

PART 571—FEDERAL MOTOR

VEHICLE SAFETY STANDARDS

In consideration of the foregoing, 49

CFR part 571 is amended as follows:

1. The authority citation for Part 571

continues to read as follows:

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

30117, 30161; delegation of authority at 49

CFR 1.50.

2. Sec. 571.108 is amended by

revising the heading of S5.4, paragraphs

S5.7.1.3(a), S5.7.1.3(d), S5.7.1.4.1(b),

and the last sentence of S5.7.1.4.1(c),

and the headings of S7.5 and S7.7 to

read as follows:

§ 571.108 Motor Vehicle Safety Standard

No. 108 Lamps, Reflective Devices, and

Associated Equipment

* * * * *

S5.4 Equipment

combinations. * * *

* * * * *

S5.7.1.3 Sheeting pattern,

dimensions, and relative coefficients of

retroreflection.

(a) Retroreflective sheeting shall be

applied in a pattern of alternating white

and red color segments to the side and

rear of each trailer, and in white to the

upper rear corners of each trailer, in the

locations specified in S5.7.1.4, and

Figures 30–1 through 30–4, as

appropriate.

* * * * *

(d) Retroreflective sheeting shall have

a width of not less than 50 mm (Grade

DOT-C2), 75 mm (Grade DOT-C3), or

100 mm (Grade DOT-C4).

* * * * *

S5.7.1.4.1 Rear. * * *

* * * * *

(b) Element 2: Two pairs of white

strips of sheeting, each pair consisting

of strips 300 mm long of grade DOT-C2,

DOT-C3, or DOT-C4, applied

horizontally and vertically to the right

and left upper contours of the body, as

viewed from the rear, as close to the top

of the trailer and as far apart as

practicable. If the perimeter of the body,

as viewed from the rear, is other than

rectangular, the strips may be applied

along the perimeter, as close as

practicable to the uppermost and

outermost areas of the rear of the body

on the left and right sides.

(c) Element 3: * * * Grade DOT-C2

material not less than 38 mm wide may

be used.

* * * * *

S7.5 Replaceable bulb headlamp

system. * * *

* * * * *

S7.7 Replaceable light

sources. * * *

* * * * *

§ 571.108 [Amended]

3. Section 571.108 is amended by

removing Figure 30 and adding Figures

30–1 through 30–4 as set forth below:

BILLING CODE 4910–59–P
Federal Register / Vol. 60, No. 3 / Thursday, January 5, 1995 / Rules and Regulations 1753
1754 Federal Register / Vol. 60, No. 3 / Thursday, January 5, 1995 / Rules and Regulations
Federal Register / Vol. 60, No. 3 / Thursday, January 5, 1995 / Rules and Regulations 1755
1756 Federal Register / Vol. 60, No. 3 / Thursday, January 5, 1995 / Rules and Regulations

BILLING CODE 4910–59–C
Federal Register / Vol. 60, No. 3 / Thursday, January 5, 1995 / Rules and Regulations 1757

Issued on: December 28, 1994.

Ricardo Martinez,

Administrator.

[FR Doc. 95–102 Filed 1–4–95; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 625

[I.D. 122794C]

Summer Flounder Fishery

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notification of commercial

quota transfer.

SUMMARY: NMFS announces that the

State of North Carolina is transferring

150,000 lb (68,040 kg) of commercial

summer flounder quota to the State of

New York. NMFS adjusted the quotas

and announces the revised commercial

quota for each state involved.

EFFECTIVE DATE: December 30, 1994.

FOR FURTHER INFORMATION CONTACT:

Hannah Goodale, 508–281–9101.

SUPPLEMENTARY INFORMATION:

Regulations implementing Amendment

2 to the Fishery Management Plan for

the Summer Flounder Fishery are found

at 50 CFR part 625. The regulations

require annual specification of a

commercial quota that is apportioned

among the coastal states from North

Carolina through Maine. The process to

set the annual commercial quota and the

percent allocated to each state is

described in § 625.20.

The final rule implementing

Amendment 5 to the FMP was

published December 17, 1993 (58 FR

65936), and allows two or more states,

under mutual agreement and with the

concurrence of the Director, Northeast

Region, NMFS, (Regional Director) to

transfer or combine summer flounder

commercial quota. The Regional

Director is required to consider the

criteria set forth in § 625.20(f)(1), in the

evaluation of requests for quota transfers

or combinations.

Further, the Regional Director is

required to publish notification in the

Federal Register advising a state, and

notifying Federal vessel permit and

dealer permit holders, that effective

upon a specific date, a portion of a

state’s commercial quota has been

transferred to, or combined with, the

commercial quota of another state.

North Carolina has agreed to transfer

150,000 lb (68,040 kg) of commercial

quota to New York. The Regional

Director has determined that the criteria

set forth in § 625.20(f) have been met,

and publishes this notification of quota

transfers.

Classification

This action is taken under 50 CFR

part 625 and is exempt from review

under E.O. 12866.

Authority: 16 U.S.C. 1801 et seq.

Dated: December 30, 1994.

David S. Crestin,

Acting Director, Office Of Fisheries

Conservation and Management, National

Marine Fisheries Service.

[FR Doc. 94–32337 Filed 12–30–94; 11:39

am]

BILLING CODE 3510–22–F