Federal Register / Vol. 70, No. 186 / Tuesday, September 27, 2005 / Proposed Rules 56425 

1Carbon monoxide is a colorless, odorless gas 

that is contained in the exhaust of gasoline powered 

motor vehicles. When inhaled in sufficient 

quantities, carbon monoxide can cause illness or 

death. 2The December 1996 Research Note reported data 

collected by the National Center for Health 

Statistics (NCHS) on the estimated number of 

people killed as a result of CO poisoning by exhaust 

gases from motor vehicles in 1993. The study 

examined factors such as stationary and moving 

vehicles, unintentional and suicidal CO deaths, 

season of the year, and vehicle location. NCHS 

reported that in 1993, 1,978 deaths occurred while 

the vehicle was in the stationary position. Eightyfour percent of the deaths were the result of suicide, 

12 percent were accidental and 3 percent were of 

unknown intent. The annual average of accidental 

fatalities in stationary vehicles for 1993 was 245. 

3The April 2000 Research Note reported an 

annual average of 222 accidental fatalities 

associated with CO poisoning for stationary 

vehicles for a period between 1995 and 1997. The 

data from the April 2000 Research Note indicated 

a decline in accidental fatalities in stationary 

vehicles from 234 CO fatalities in 1995 to 208 CO 

fatalities in 1997. 

4 ‘‘Non-Traffic Death and Injury Data Collection 

Study,’’ see http://www.nhtsa.dot.gov/cars/ 

problems/studies/NonTraffic-NonCrash/Images/ 

noncrash.pdf. 

5See 62 FR 49190, September 19, 1997. 

Appendix A to Part 272—State 

Requirements 

* * * * * 

South Dakota 

The regulatory provisions include: 

Administrative Rules of South Dakota, 

Article 74:28, Hazardous Waste, effective 

August 29, 2004, sections 74:28:21:01, 

74:28:21:02, 74:28:21:03, 74:28:22:01, 

74:28:23:01, 74:28:24:01, 74:28:25:01 through 

74:28:25:05, 74:28:26:01, 74:28:27:01, 

74:28:28:01 through 74:28:28:05, 74:28:29:01, 

74:28:30:01 and 74:28:33:01; Article 74:36, 

Air Pollution Control Program, as of August 

29, 2004, section 74:36:11:01. 

Copies of the South Dakota regulations that 

are incorporated by reference are available 

from South Dakota Legislative Research 

Council, 3rd Floor, State Capitol, 500 East 

Capitol Avenue, Pierre, SD 57501 (Phone: 

605–773–3251). 

* * * * * 

[FR Doc. 05–19255 Filed 9–26–05; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 571 

Federal Motor Vehicle Safety 

Standards 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Denial of petition for 

rulemaking. 

SUMMARY: This document denies a 

petition for rulemaking submitted by 

Mr. Albert Donnay requesting NHTSA 

to require manufacturers to offer carbon 

monoxide detectors in all new gasoline 

powered vehicles and to make available 

retrofit devices for older vehicles. These 

detectors would automatically shut off 

the engine when carbon monoxide 

levels inside the vehicle exceed a 

concentration of 200 parts per million, 

when the vehicle is stationary. The data 

show that a mandate for in-vehicle 

carbon monoxide detectors would fail to 

address more than 70% of vehiclerelated carbon monoxide deaths, 

because the victims are outside the 

vehicle. NHTSA will use its resources to 

consider safety areas where more 

effective solutions are available. 

FOR FURTHER INFORMATION CONTACT: Mr. 

John Lee, Office of Crash Avoidance 

Standards, NVS–123, National Highway 

Traffic Safety Administration, 400 7th 

Street, SW., Washington, DC 20590. 

Telephone: (202) 366–2720. Fax: (202) 

366–7002. 

For legal issues: Mr. George Feygin, 

Office of Chief Counsel, NCC–112, 

National Highway Traffic Safety 

Administration, 400 7th Street, SW., 

Washington, DC 20590. Telephone: 

(202) 366–2992. Fax: (202) 366–3820. 

SUPPLEMENTARY INFORMATION: On 

January 12, 2001, Mr. Albert Donnay 

submitted a petition for rulemaking 

requesting that NHTSA: (1) Issue annual 

press releases on the dangers of vehicle 

carbon monoxide 1 (CO) poisoning and 

recommend the use of CO detectors, (2) 

report CO vehicle-related fatalities 

(suicide, unintentional, in moving and 

stationary vehicles), (3) fund research 

on CO poisoning in vehicles, (4) require 

information on the dangers of carbon 

monoxide poisoning be included in 

owners’ manuals and (5) require 

manufacturers to install CO detectors in 

all new gasoline powered vehicles and 

offer equivalent devices for older 

vehicles. These detectors would have 

the capability to cut-off the engine when 

carbon monoxide levels inside the 

vehicle exceed a concentration of 200 

parts per million (ppm) for a stationary 

vehicle. In moving vehicles the 

occupants would be directed to open a 

window immediately when an audio 

and visual warning is given off by the 

detector when CO level reached 10 

ppm. In support of his petition, Mr. 

Donnay cited two NHTSA Research 

Notes, ‘‘Fatalities Associated With 

Carbon Monoxide Poisoning From 

Motor Vehicles in 1993’’ December 

1996,2 and ‘‘Fatalities Associated With 

Carbon Monoxide Poisoning From 

Motor Vehicles, 1995–1997’’ April 

2000.3

The agency is denying the petition for 

the reasons explained below. We began 

our consideration of the petition by 

reviewing the data. In May 2004, the 

agency published a more 

comprehensive study of injuries and 

fatalities resulting from, among other 

things, CO poisoning.4 This study was 

based on a review of 1998 death 

certificates from 35 states. The results of 

the study found that CO deaths most 

often do not involve moving vehicles, 

but rather vehicles left running in 

enclosed spaces. There were 140 deaths 

associated with vehicle generated 

carbon monoxide poisoning found in 

the death certificates reviewed. Of the 

140 deaths, 41 deaths (29%) occurred 

while the individual was sitting in the 

vehicle. The other 71% of deaths 

involved people outside the vehicle. 

One hundred twenty-nine of the 

fatalities (92%) occurred in a garage, 

home, or residence. Most of the 

scenarios involved someone working on 

a vehicle with the vehicle running in a 

closed garage, or a death in a residence 

when someone left a vehicle running in 

a garage attached to the home. A review 

of scientific literature cited in the report 

found, ‘‘Unintentional poisonings from 

vehicle-generated carbon monoxide 

diminished toward the close of the 20th 

century, with a particular decline in 

these types of incidents noted in the 

years following 1975 when catalytic 

converters were introduced into 

automobiles. The steady decline from 

4.0 to 0.9 deaths per 1 million personyears since 1975 represents a 76.3 

percent decrease. The total number of 

1998 unintentional motor vehicle 

related deaths from carbon monoxide 

has been reported at 238.’’ Thus, there 

is a decline in vehicle-related CO deaths 

absent any regulation. In addition, the 

data about vehicle-related CO deaths 

indicate a home CO detector would be 

substantially more effective than a 

vehicle CO detector at preventing these 

deaths because 92% of the fatalities 

occurred at the home. 

Further, we note that NHTSA has 

previously denied a petition for 

rulemaking that is substantially similar 

to Mr. Donnay’s petition,5 because the 

costs far exceeded the expected benefits. 

Specifically, the agency denied a 

petition for rulemaking submitted by 

Mr. Herb Denenberg, which requested 

that: (1) The agency require carbon 

monoxide detectors in all new motor 

vehicles; (2) the agency require 

manufacturers to offer optional carbon 

monoxide detectors in all new motor 

vehicles, (3) the agency require that the 

owners’ manuals indicate the 

56426 Federal Register / Vol. 70, No. 186 / Tuesday, September 27, 2005 / Proposed Rules 

6We estimated that the total cost of the 

requirement would exceed $240 million. This 

estimate does not include the cost of installation 

and maintenance. 

availability and value of installing a 

carbon monoxide detector; and (4) the 

agency issue press releases and 

consumer advisories with information 

regarding the availability and value of 

CO detectors. The petitioner cited the 

results of the 1996 Research Note and 

stated, ‘‘many if not most of these 

deaths could be prevented by carbon 

monoxide detectors,’’ but did not offer 

any data to support this assertion. 

NHTSA denied the Denenberg petition 

because the costs would have been 

unjustifiable 6 in relation to the benefits. 

The effectiveness of CO detectors 

lessens substantially over time and most 

vehicle-related CO deaths involve older 

vehicles. 

The agency is denying this 

petitioner’s request for the same 

reasons. In addition to our previously 

stated reasons for denying the petition, 

the agency is also concerned that the 

automatic engine shut-off device 

proposed by the petitioner could prove 

to be a hazard. For example, in a tunnel 

with congested traffic, the concentration 

of CO may cause the device to shut off 

the engine, resulting in further traffic 

congestion or even possible crashes. 

In accordance with 49 CFR part 552, 

this completes the agency’s technical 

review of the petition for rulemaking 

from Mr. Albert Donnay. Based on this 

review, the agency has concluded its 

resources would be more productively 

directed to other areas. Therefore, Mr. 

Donnay’s petition is denied. 

Issued on: September 20, 2005. 

Stephen R. Kratzke, 

Associate Administrator for Rulemaking. 

[FR Doc. 05–19214 Filed 9–26–05; 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; 12-Month Finding on a 

Petition To List the Gentry Indigo Bush 

as Endangered 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of 12-month petition 

finding. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce a 

12-month finding on a petition to list 

the Gentry indigo bush (Dalea 

tentaculoides) as endangered under the 

Endangered Species Act of 1973, as 

amended. After reviewing the best 

available scientific and commercial 

information, we find that listing the 

species is not warranted at this time. We 

ask the public to submit to us any new 

information that becomes available 

concerning the status of, or threats to, 

the species. This information will help 

us monitor the status of the species. 

DATES: The finding announced in this 

document was made on September 14, 

2005. Although no further listing action 

will result from this finding, we request 

that you submit new information 

concerning the status of, or threats to, 

this species whenever it becomes 

available. 

ADDRESSES: The complete file for this 

finding is available for inspection, by 

appointment, during normal business 

hours at the Arizona Ecological Services 

Office, 2321 West Royal Palm Road, 

Suite 103, Phoenix, AZ 85021–4951. 

Please submit any new information, 

materials, comments, or questions 

concerning this species or this finding 

to the above address. 

FOR FURTHER INFORMATION CONTACT: 

Mima Falk, Plant Ecologist, Arizona 

Ecological Services Tucson Sub-Office, 

201 North Bonita Ave., Suite 141, 

Tucson, AZ, 85745; 520–670–6150, ext. 

225. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 4(b)(3)(B) of the Endangered 

Species Act of 1973, as amended (Act) 

(16 U.S.C. 1531 et seq.), requires that, 

for any petition to revise the List of 

Threatened and Endangered Species 

that contains substantial scientific and 

commercial information that listing may 

be warranted, we make a finding within 

12 months of the date of receipt of the 

petition on whether the petitioned 

action is (a) not warranted, (b) 

warranted, or (c) warranted but that the 

immediate proposal of a regulation 

implementing the petitioned action is 

precluded by other pending proposals to 

determine whether any species is 

threatened or endangered, and 

expeditious progress is being made to 

add or remove qualified species from 

the List of Endangered and Threatened 

Species. Section 4(b)(3)(C) of the Act 

requires that a petition for which the 

requested action is found to be 

warranted but precluded be treated as 

though resubmitted on the date of such 

finding, i.e., requiring a subsequent 

finding to be made within 12 months. 

Such 12-month findings must be 

published in the Federal Register. 

On January 7, 2002, we received a 

petition dated January 2, 2002, 

requesting that we list the Gentry indigo 

bush (Dalea tentaculoides) as an 

endangered species, and that critical 

habitat be designated concurrently with 

the listing. In a Stipulated Settlement 

Agreement, signed June 14, 2004 [Center 

for Biological Diversity v. Norton, CV 

03–473–TUC–FRZ (D. Az)], we agreed to 

submit a 90-day finding to the Federal 

Register by January 31, 2005. On 

January 25, 2005, we made our 90-day 

petition finding that the petition 

provided substantial information 

indicating that listing may be warranted. 

The finding and our initiation of a status 

review was published in the Federal 

Register on February 2, 2005 (70 FR 

5401). We are required, pursuant to the 

court approved Stipulated Settlement 

Agreement, to make our 12-month 

finding pursuant to the Act [16 U.S.C. 

1533(b)(3)(B)] by September 15, 2005. 

Biology and Distribution 

Gentry indigo bush is an erect 

perennial shrub that grows from a 

woody root crown and can be up to 1 

meter (m) (3.2 feet (ft)) tall. It is a 

member of the Fabaceae (Pea) Family. 

The leaves are compound, 3–6 

centimeters (cm) (1.2–2.4 inches (in)) 

long with 9–17 pairs of leaflets. The 

leaflets are hairless, notched at the tip, 

and dotted with punctuate glands 

(translucent pitted glands or colored 

dots) on the lower surface. The flowers 

are sessile (lacking a stalk), 6 

millimeters (mm) (0.24 in) in length, 

and are presented in oblong clusters. 

The flower petals are rose-purple. Plants 

flower in the spring, from late March to 

mid-May. They may produce a second 

set of flowers in late summer and fall in 

response to monsoon precipitation. 

Howard S. Gentry originally described 

the species in 1950. It is a distinctive 

member of the genus Dalea with no 

closely related species (Gentry 1950; 

Barneby 1977). The main distinguishing 

character that separates this species 

from other sympatric species is the 

presence of elongate, brown, tentaclelike glands on the calyx (the outer whorl 

of flowering parts), lobes, floral bracts 

(the reduced or modified leaf 

subtending a flower), and branches. 

Gentry indigo bush is known 

historically in the United States from 

only three areas in southern Arizona: 

The western and northern slopes of the 

Baboquivari Mountains (Tohono 

O’odham Nation), the Coyote Mountains 

(Mendoza Canyon), and Sycamore 

Canyon (Coronado National Forest) in