64010 Federal Register / Vol. 60, No. 239 / Wednesday, December 13, 1995 / Proposed Rules

consent order for the substance and

determined that the information

available was sufficient to make a

reasoned evaluation of the health effects

of the substance. EPA concluded that,

for the purposes of TSCA section 5, the

substance will not present an

unreasonable risk and consequently

revoked the section 5(e) consent order.

The proposed revocation of SNUR

provisions for the substance designated

herein is consistent with the revocation

of the section 5(e) order.

In light of the above, EPA is proposing

a revocation of SNUR provisions for this

chemical substance. When this

revocation becomes final, EPA will no

longer require notice of any company’s

intent to manufacture, import, or

process this substance. In addition,

export notification under section 12(b)

of TSCA will no longer be required.

III. Comments Containing Confidential

Business Information

Any person who submits comments

claimed as CBI must mark the

comments as ‘‘confidential,’’ ‘‘trade

secret,’’ or other appropriate

designation. Comments not claimed as

confidential at the time of submission

will be placed in the public file. Any

comments marked as confidential will

be treated in accordance with the

procedures in 40 CFR part 2. Any party

submitting comments claimed to be

confidential must prepare and submit a

public version of the comments that

EPA can place in the public file.

IV. Rulemaking Record

The record for the rule which EPA is

proposing to revoke was established at

OPPTS–50601 (P–91–1392). This record

includes information considered by the

Agency in developing the rule and

includes the test data that formed the

basis for this proposal.

A record has been established for this

rulemaking under docket number

OPPTS–50601G (including comments

and data submitted electronically as

described below). A public version of

this record, including printed, paper

versions of electronic comments, which

does not include any information

claimed as CBI, is available for

inspection from 12 noon to 4 p.m.,

Monday through Friday, excluding legal

holidays. The public record is located in

the TSCA Nonconfidential Information

Center, Rm. NE–B607, 401 M St., SW.,

Washington, DC 20460.

Electronic comments can be sent

directly to EPA at:

ncic@epamail.epa.gov

Electronic comments must be

submitted as an ASCII file avoiding the

use of special characters and any form

of encryption.

The official record for this

rulemaking, as well as the public

version, as described above will be kept

in paper form. Accordingly, EPA will

transfer all comments received

electronically into printed, paper form

as they are received and will place the

paper copies in the official rulemaking

record which will also include all

comments submitted directly in writing.

The official rulemaking record is the

paper record maintained at the address

in ‘‘ADDRESSES’’ at the beginning of

this document.

V. Regulatory Assessment

Requirements

EPA is proposing to revoke the

requirements of the rule. Any costs or

burdens associated with the rule will

also be eliminated when the rule is

revoked. Therefore, EPA finds that no

costs or burdens must be assessed under

Executive Order 12866, the Regulatory

Flexibility Act (5 U.S.C. 605(b)), or the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

List of Subjects in 40 CFR Part 721

Environmental protection, Chemicals,

Hazardous materials, Reporting and

recordkeeping requirements, Significant

new uses.

Dated: December 5, 1995.

Charles M. Auer,

Director, Chemical Control Division, Office

of Pollution Prevention and Toxics.

Therefore, it is proposed that 40 CFR

part 721 be amended as follows:

PART 721—[AMENDED]

1. The authority citation for part 721

would continue to read as follows:

Authority: 15 U.S.C. 2604, 2607, and

2625(c).

§ 721.3240 [Removed]

2. By removing § 721.3240.

[FR Doc. 95–30371 Filed 12–12–95; 8:45 am]

BILLING CODE 6560–50–F

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

49 CFR Part 571

[Docket No. 92–29; Notice 8]

RIN 2127–AG06

Federal Motor Vehicle Safety

Standards; Stability and Control of

Medium and Heavy Vehicles During

Braking

AGENCY: National Highway Traffic

Safety Administration (NHTSA), DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document responds to

petitions for reconsideration of a March

1995 final rule amending Standard No.

121, Air Brake Systems, to require,

among other things, the installation of

antilock brake systems (ABS) on

medium and heavy vehicles and the

installation of external ABS malfunction

indicator lamps on trailers and trailer

converter dollies. This document

proposes to amend the Standard to

specify the location, color, activation

protocol, and intensity of the lamps.

DATES: Comments must be received on

or before February 12, 1996.

ADDRESSES: Comments should refer to

the docket and notice numbers above

and be submitted to: Docket Section,

National Highway Traffic Safety

Administration, 400 Seventh Street,

S.W., Washington, D.C. 20590. Docket

hours are 9:30 a.m. to 4 p.m., Monday

through Friday.

FOR FURTHER INFORMATION CONTACT: For

non-legal issues: Mr. George Soodoo,

Office of Crash Avoidance, National

Highway Traffic Safety Administration,

400 Seventh Street, SW., Washington,

D.C. 20590 (202) 366–5892. FAX (202)

366–4329.

For legal issues: Mr. Marvin L. Shaw,

NCC–20, Rulemaking Division, Office of

Chief Counsel, National Highway Traffic

Safety Administration, 400 Seventh

Street, SW., Washington, D.C. 20590

(202) 366–2992.

I. Background

On March 10, 1995, NHTSA

published a final rule amending Federal

Motor Vehicle Safety Standard (FMVSS)

No. 121 to require medium and heavy

vehicles to be equipped with an antilock

brake system (ABS) (60 FR 13216). The

final rule also required that these

vehicles be equipped with lamps to alert

their drivers of ABS malfunctions.

Trailers produced during an interim

eight-year period are required to be
Federal Register / Vol. 60, No. 239 / Wednesday, December 13, 1995 / Proposed Rules 64011

1ATA and UPS petitioned the agency to delete

the requirements for an external trailer mounted

malfunction lamp. They claimed that the external

malfunction lamp will lead to less safety because

drivers will be looking in their mirrors during

braking to see whether the ABS lamp is functioning,

instead of looking at traffic conditions ahead of

their vehicle.

equipped with an external ABS

malfunction indicator lamp. That period

begins on March 1, 1998, the date on

which ABS installation on trailers must

also begin. The lamp must ‘‘be visible

within the driver’s forward field of view

through the rearview mirrors.’’ (60 FR

13244–13246). Truck tractors and other

towing trucks will be required to be

equipped with two separate in-cab

lamps: one indicating malfunctions in

the ABS of the towing truck and the

other indicating malfunctions in the

ABS of any towed trailer(s) or dolly(ies).

All other powered heavy vehicles will

be required to be equipped with a single

in-cab lamp to indicate ABS

malfunctions.

II. Petitions for Reconsideration

NHTSA received petitions for

reconsideration from the American

Trucking Associations (ATA), the

American Automobile Manufacturers

Association (AAMA), the Truck Trailer

Manufacturers Association (TTMA), the

Heavy Duty Brake Manufacturers

Council (HDBC), the United Parcel

Service (UPS), vehicle manufacturers,

including Chrysler, Navistar, AM

General, and brake system suppliers,

including Midland-Grau, Jenflo,

AlliedSignal, Rockwell WABCO,

Rockwell International, Kelsey-Hayes,

and Ferodo America.

The petitioners generally agreed with

NHTSA’s decision to require all heavy

vehicles to be equipped with ABS and

to comply with the stopping distance

requirements, and to require truck

tractors to comply with the braking-ina-curve performance test requirements.

Nevertheless, they requested

modifications of various aspects of those

rules.

This document responds to those

petitioners which requested changes in

the requirements concerning ABS

malfunctions indicators. The agency is

responding to other requests for

reconsideration in another document

published elsewhere in today’s Federal

Register.

Midland-Grau and TTMA petitioned

NHTSA to delete the requirement that

the external malfunction indicator lamp

on a trailer be visible from the driver’s

seating position ‘‘through the rearview

mirrors.’’ (see S5.2.3.3). Midland-Grau

stated that since truck tractor

manufacturers cannot control where the

external lamp would be located,

requiring tractor manufacturers to

ensure that the lamp is visible from the

cab of the truck tractor is unreasonable.

TTMA stated that since trailer

manufacturers cannot control where

mirrors are located on tractors, requiring

the ABS malfunction lamp on dollies

and trailers to be visible ‘‘through the

rearview mirrors’’ is not appropriate.

That organization also stated that there

is no good, practical location for such a

lamp on a dolly.

AAMA and TTMA requested that if

the agency retains the requirement for

an external ABS malfunction indicator

lamp on the trailer,1 then the agency

should specify the location, color and

intensity of the lamp in Standard No.

108, Lamps, reflective devices, and

associated equipment.

III. Agency Response and Proposal

In a separate notice published

elsewhere in today’s Federal Register,

NHTSA has denied requests by several

petitioners to rescind the requirement

for external ABS malfunction lamps on

trailers and dollies. However, in

response to the petitions from MidlandGrau and TTMA, NHTSA has decided to

propose requirements concerning the

location, color, activation protocol and

intensity of the external ABS

malfunctions lamps on trailers and

dollies.

A. Location

NHTSA is proposing to specify the

location for the external ABS

malfunction indicator lamp on trailers

and dollies. The proposed location for

trailers is similar to the one proposed by

the agency when it was considering

requiring a low air pressure warning

lamp on trailers. (55 FR 4453, February

8, 1990) For most trailers, the ABS

malfunction indicator lamp would be

required to be located on the left side of

each trailer, as close to the front as

practicable, and at a height as close as

practicable to 96 inches above the road

surface. (If it is impracticable to mount

the indicator lamp on the left side of the

trailer at a height of 60 inches or more

above the road surface, the lamp shall

be mounted on a permanent structure

on the front face of the trailer as far

leftward as practicable and at a height

as close as practicable to 96 inches

above the road surface). For dollies, the

indicator lamp would be required on a

permanent structure of the dolly and to

be visible to a person standing on the

road surface near the location of the

indicator.

Standard No. 111, Rearview mirrors,

specifies requirements for the

performance and location of rearview

mirrors, but it does not provide a

requirement for the height of the mirror

relative to the ground. A location

requirement would have given some

reference for locating the ABS

malfunction indicator lamp on the

trailer. However, S8.1 of Standard No.

111 specifies that ‘‘the mirrors shall be

located so as to provide the driver a

view to the rear along both sides of the

vehicle, * * * ’’ This requirement

should ensure that the driver would

have a view of an indicator lamp

required to be mounted on the left side

of the trailer.

NHTSA is basing its proposal

regarding the height of the trailer

malfunction indicator lamp on a report

published by the University of Michigan

Transportation Research Institute

(UMTRI), ‘‘The Influence of Truck

Driver Eye Position on the Effectiveness

of Retroreflective Traffic Signs,’’ by

Sivak, Flannagan, and Gellatly,

September 1991. This report includes

data on driver eye heights for 188 heavy

trucks. The mean driver eye height

above the ground for heavy trucks in

that study is 2.33 meters or 91.74

inches. Therefore, the location of a side

rearview mirror for such vehicles is

likely to be slightly above or below this

mean driver eye height to ensure that

the average driver would be provided ‘‘a

view to the rear along both sides of the

vehicle,’’ as required in S8.1 of Standard

No. 111.

NHTSA believes that if the

malfunction indicator lamp is located

on the left side of the trailer, as far

forward as practicable and at a height as

close as practicable to 96 inches above

the road surface, it would coincide with

the mean driver eye height, based on the

data from the UMTRI report. In that

location, the indicator lamp would be

likely to be visible to the driver.

NHTSA recognizes that on some

trailers, such as flatbed and platform

trailers, there may be no side structure

that is sufficiently high to locate the

ABS malfunction lamp at or near a

height of 96 inches. If it is impracticable

to mount the indicator lamp on the left

side of the trailer at a height of 60

inches or more above the road surface,

then locating the lamp on the front face

of the trailer would be a more

appropriate lamp location for such a

vehicle. To increase the likelihood of a

lamp on the front face of the trailer

being visible through the side rearview

mirror, the lamp would be required to

be positioned as far leftward as

practicable and at a height as close as

practicable to 96 inches above the road

surface.

In response to notices issued on the

ABS rulemaking, TTMA and other
64012 Federal Register / Vol. 60, No. 239 / Wednesday, December 13, 1995 / Proposed Rules

commenters stated that requiring a lamp

to be visible through the rearview

mirrors would make it necessary for

such a lamp to protrude from the dolly

structure, thereby making it susceptible

to damage. They recommended that a

dolly be required to indicate an ABS

malfunction only at the ECU mounted

on the dolly’s frame, on the

presumption that it would be visible

during a walk-around inspection.

NHTSA concludes that the proposed

requirement for specifying the location

for an ABS malfunction lamp on a dolly

must be different from the requirement

proposed for trailers. The agency agrees

with TTMA’s comment that there is ‘‘no

good, practical location for an ABS

malfunction lamp on a dolly,’’ from

which the lamp could be viewed by a

driver looking through the side rearview

mirrors.

Based on the available information,

NHTSA proposes that the ABS

malfunction lamp on dollies be located

on a permanent structure of the dolly so

that it would be visible, with or without

a trailer attached to the dolly, to a

person in a standing position during a

walk-around inspection. By permanent

structure, the agency means a fixed

portion of the vehicle that is inherently

part of the dolly as opposed to

something that is easily removed. To

accomplish this goal, the proposed

requirement is specified in objective

terms by stating that the lamp must be

located on a permanent structure of the

dolly and positioned at a height of not

less than 15 inches above the road

surface. In addition, the malfunction

lamp would have to be visible when

viewed by a person standing erect and

located no more than 10 feet from the

dolly. The proposed height of not less

than 15 inches for the location of the

dolly ABS malfunction lamp coincides

with the lower height limit for side

marker lamps on the lower edge of a

trailer, as specified in Standard 108.

Given the differences in dolly

configurations and sizes, that proposed

minimum lamp height is expected to

provide dolly manufacturers with the

flexibility to locate the ABS lamp in a

protected location. The agency expects

that dolly manufacturers would locate

the lamp below the fifth-wheel to

reduce the potential for damage to the

lamp when the dolly is being connected

to a trailer.

NHTSA believes that locating the

malfunction lamp on the ECU of the

ABS would decrease the ability of the

driver or inspectors to see the lamp. The

ECU is typically placed in a protected

location where it would not be easily

damaged. Such a location would not be

conspicuous enough to ensure that the

ECU, and hence the malfunction lamp,

is easily seen during a walk-around

inspection of the towed vehicle.

B. Color

TTMA requested that NHTSA require

the use of a green lamp for the external

ABS malfunction lamp on the trailer

and the dolly, and that the lamp be lit

continuously whenever the ECU is

powered, but be extinguished when

there is a malfunction.

Standard No. 101, Controls and

displays, currently requires that invehicle ABS malfunction lamps be

yellow. This color requirement has been

harmonized with the vehicle standards

of other countries. NHTSA and

regulatory agencies in other countries

have historically used a red lamp to

indicate a critical system failure and a

yellow lamp to indicate a non-critical

malfunction. The International

Organization for Standardization (ISO)

and the Economic Commission for

Europe (ECE) recently harmonized

European braking requirements with

American requirements, agreeing to

specify red to indicate brake failure and

yellow to indicate ABS malfunction.

NHTSA recognizes that these color

requirements are applicable to

instrument panel lamps and do not

address ABS malfunction indicator

lamps on the exterior of a vehicle.

However, the desirability of having a

uniform protocol in this regard is clear.

The agency concludes that the same

requirements should be applied to

external ABS malfunction lamps since

they perform the same function as invehicle ABS malfunction lamps.

NHTSA notes that Table I of Standard

108 includes a requirement for two

amber clearance lamps at the front of a

trailer and two red clearance lamps at

the rear of a trailer. In addition,

Standard No. 108 references the Society

of Automotive Engineers (SAE)

Recommended Practice J592e (July

1972), Clearance, Side Marker, and

Identification Lamps. A recent update of

this Recommended Practice (SAE J592

JUN92) states in Section 5.1.7 that ‘‘the

color of light from front clearance lamps

* * * shall be yellow.’’ The agency

believes that the color of external ABS

malfunction lamps should be the same

as that used for clearance lamps.

Based on these considerations,

NHTSA concludes that the use of a

green lamp on the exterior of the trailer

for indicating a trailer ABS malfunction

would violate the already established

convention for ABS malfunction lamps

and, therefore, could create confusion

among drivers. However, there would be

no prohibition against supplementing

the required yellow external

malfunction lamp on a trailer with a

green lamp on the ECU to indicate the

status of the trailer ABS. The

supplemental lamp would not have to

conform to any of the color or protocol

requirements specified for the external

ABS malfunction lamp.

C. Lamp Protocol

TTMA requested a change in the lamp

protocol, which would allow the lamp

to be lit continuously when the ABS is

functioning properly and to be

extinguished when there is a

malfunction in the ABS. NHTSA has

addressed this issue in detail in

previous Federal Register notices and in

the final rule on heavy vehicle ABS

rulemaking. In the final rule, the agency

decided to require that the ABS

malfunction lamp be lit when a

malfunction exists and that it not be lit

when the antilock system is functioning

properly.

Under the requirement for an external

ABS malfunction indicator in S5.2.3.3

of Standard 121, NHTSA requires that

the trailer ABS malfunction lamp be lit

during the check-of-lamp function only

when the vehicle is stationary and

power is first supplied to the antilock

system. This allows the ABS lamp on a

trailer that is moving to undergo the

check of lamp function, without the

lamp cycling on and off whenever the

brakes are applied. This requirement

will eliminate any potential distractions

for the driver or for drivers of other

vehicles nearby, which might be created

by the ABS lamp cycling on and off

with every brake application. The

agency emphasizes that in the event of

a malfunction in the trailer antilock

system, the malfunction indicator lamp

would be lit whenever power is

supplied to the trailer antilock system,

regardless of whether the vehicle is

stationary or moving. Accordingly, the

agency has decided to deny TTMA’s

request for a change in the ABS

malfunction lamp protocol and

proposes no change to the protocol

included in the ABS final rule.

D. Intensity and Photometric

Requirements

AAMA and TTMA petitioned the

agency to require that the external ABS

malfunction lamp have the same

photometric requirements as those

specified in Standard No. 108.

Photometric values specify the amount

of light emitted by a lamp, when

measured from a specified distance.

NHTSA agrees with the petitioners’

recommendation, and proposes that the

ABS malfunction lamps meet the

requirements specified by the SAE

Recommended Practice J592 JUN92 for
Federal Register / Vol. 60, No. 239 / Wednesday, December 13, 1995 / Proposed Rules 64013

the clearance lamps. Those

requirements are referenced in Standard

No. 108.

The photometric performance

requirements in SAE J592 JUN92 for the

luminous intensity of side marker lamps

specify minimum intensity values at test

points of 45 degrees along a horizontal

axis and 10 degrees along a vertical axis,

when measured from a lamp distance of

at least three meters. In addition, the

agency proposes that the lamp be

mounted on the trailer in such a manner

that its beam is directed toward the

front of the trailer and rotated so that its

top and bottom become its sides. Such

an orientation of the lamp would ensure

that its widest light beam is in a vertical

plane just outboard of the side of the

trailer, and hence would be more likely

to be visible by the driver through the

tractor’s rearview mirrors.

In addition to providing general

comments regarding this issue,

commenters are asked to specifically

comment on the quantified aspects of

the proposed location, color, and

photometric requirements of the ABS

malfunction lamp on trailers and

dollies.

IV. Costs

NHTSA has already evaluated the

economic impact of requiring trailers

and dollies to be equipped with an

external ABS malfunction lamp in the

final rule on heavy vehicle ABS

published on March 10, 1995. The

agency estimated that the unit cost of

requiring an ABS lamp on trailers and

dollies is $9.43. Since this proposed

rule does not require additional

equipment, but only specifies location,

color and intensity for the ABS

malfunction lamp, the proposal should

not have any impact on previously

estimated costs or benefits.

V. Rulemaking Analyses and Notices

1. Executive Order 12866 (Federal

Regulatory Planning and Review) and

DOT Regulatory Policies and Procedures

This proposal was not reviewed under

E.O. 12866. NHTSA has analyzed this

proposal and determined that it is not

‘‘significant’’ within the meaning of the

Department of Transportation’s

regulatory policies and procedures. The

impacts of the rule, if adopted, would be

so minimal as not to warrant

preparation of a full regulation

evaluation. As noted above, NHTSA has

already evaluated the economic impact

of requiring an external ABS

malfunction lamp. For details, see the

Final Economic Assessment (FEA)

titled, ‘‘Final Rules FMVSS Nos. 105 &

121 Stability and Control While Braking

Requirements and Reinstatement of

Stopping Distance Requirements for

Medium and Heavy Vehicles,’’

published in June 1994.

2. Regulatory Flexibility Act

In accordance with the Regulatory

Flexibility Act, NHTSA has evaluated

the effects of this action on small

entities. Based upon this evaluation, I

certify that the proposed amendment

would not have a significant economic

impact on a substantial number of small

entities. Vehicle and brake

manufacturers typically would not

qualify as small entities. Further, as

noted above, the proposal would have

no impacts on costs or benefits beyond

those addressed in the FEA for the ABS

final rule. Accordingly, no regulatory

flexibility analysis has been prepared.

3. Executive Order 12612 (Federalism)

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612, and it has been determined that

the proposed rule would not have

sufficient Federalism implications to

warrant preparation of a Federalism

Assessment. No State laws would be

affected.

4. National Environmental Policy Act

The agency has considered the

environmental implications of this

proposed rule in accordance with the

National Environmental Policy Act of

1969 and determined that the proposed

rule would not significantly affect the

human environment.

5. Civil Justice Reform

This proposed rule would not have

any retroactive effect. Under section

103(d) of the National Traffic and Motor

Vehicle Safety Act (49 U.S.C. 30111),

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 105 of the

Act (49 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.

Public Comments

Interested persons are invited to

submit comments on the proposal. It is

requested but not required that 10

copies be submitted.

All comments must not exceed 15

pages in length. (49 CFR 553.21).

Necessary attachments may be

appended to these submissions without

regard to the 15-page limit. This

limitation is intended to encourage

commenters to detail their primary

arguments in a concise fashion.

If a commenter wishes to submit

certain information under a claim of

confidentiality, three copies of the

complete submission, including

purportedly confidential business

information, should be submitted to the

Chief Counsel, NHTSA, at the street

address given above, and seven copies

from which the purportedly confidential

information has been deleted should be

submitted to the Docket Section. A

request for confidentiality should be

accompanied by a cover letter setting

forth the information specified in the

agency’s confidential business

information regulation. 49 CFR Part 512.

All comments received before the

close of business on the comment

closing date indicated above for the

proposal will be considered, and will be

available for examination in the docket

at the above address both before and

after that date. To the extent possible,

comments filed after the closing date

will also be considered. Comments

received too late for consideration in

regard to the final rule will be

considered as suggestions for further

rulemaking action. The NHTSA will

continue to file relevant information as

it becomes available in the docket after

the closing date, and it is recommended

that interested persons continue to

examine the docket for new material.

Those persons desiring to be notified

upon receipt of their comments in the

rules docket should enclose a selfaddressed, stamped postcard in the

envelope with their comments. Upon

receiving the comments, the docket

supervisor will return the postcard by

mail.

List of Subjects in 49 CFR Part 571

Imports, Motor vehicle safety, Motor

vehicles, Rubber and

PART 571—[AMENDED]

In consideration of the foregoing, the

agency proposes to amend Standard No.

121, Air Brake Systems, in Title 49 of

the Code of Federal Regulations at Part

571 as follows:

PART 571—FEDERAL MOTOR

VEHICLE SAFETY STANDARDS

1. The authority citation for Part 571

would continue to read as follows:
64014 Federal Register / Vol. 60, No. 239 / Wednesday, December 13, 1995 / Proposed Rules

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

30117, and 30166; delegation of authority at

49 CFR 1.50.

2. § 571.121 would be amended by

revising S5.2.3.3, which would read as

follows:

§ 571.121 Standard No. 121; Air Brake

Systems.

* * * * *

S5.2.3.3 Antilock Malfunction

Indicator. (a) In addition to the

requirements of S5.2.3.2, each trailer

and trailer converter dolly

manufactured on or after March 1, 1998,

and before March 1, 2006, shall be

equipped with an external indicator

lamp that meets the requirements of

paragraphs (b)(1)–(5) and (c).

(b)(1) The lamp shall be designed to

conform to the Society of Automotive

Engineers (SAE) Recommended Practice

J592 JUN92, Clearance, Side Marker,

and Identification Lamps.

(i) Except as provided in

S5.2.3.3(b)(1)(ii), each trailer that is not

a trailer converter dolly shall be

equipped with an indicator lamp

mounted on a permanent structure on

the left side of the trailer as viewed from

the rear, as close to the front as

practicable and at a height as close as

practicable to 96 inches above the road

surface, when measured from the center

of the lamp on the trailer at curb weight.

(ii) If it is impracticable to mount the

indicator lamp on the left side of the

trailer at a height of 60 inches or more

above the road surface, the lamp shall

be mounted on a permanent structure

on the front of the trailer as far leftward

as practicable, at a height as close as

practicable to 96 inches above the road

surface, when measured from the center

of the lamp on the trailer at curb weight.

(2) The lamp required in

S5.2.3.3(b)(1)(i) and S5.2.3.3(b)(1)(ii)

shall be mounted to provide light

toward the front and rotated so that its

top becomes its side, as specified in

SAE J592 JUN92.

(3) The lamp for a converter dolly

shall be mounted on a permanent

structure of the dolly so that the lamp

is at a height above the road surface of

not less than 15 inches when measured

from the center of the lamp on the dolly

at curb weight. The lamp shall be

located such that visual access to it,

when viewed by a person standing erect

and not more than 10 feet from the

dolly, is not obscured by other

structures on the dolly.

(4) The color of the lamp shall be

yellow.

(c) The lamp shall be illuminated

whenever power is supplied to the

antilock brake system and there is a

malfunction that affects the generation

or transmission of response or control

signals in the trailer’s antilock brake

system. The lamp shall remain

illuminated as long as such a

malfunction exists and power is

supplied to the antilock brake system.

Each message about the existence of

such a malfunction shall be stored in

the antilock brake system whenever

power is no longer supplied to the

system. The lamp shall be automatically

reactivated when power is again

supplied to the trailer’s antilock brake

system. The lamp shall also be activated

as a check of lamp function whenever

power is first supplied to the antilock

brake system and the vehicle is

stationary. The lamp shall be

deactivated at the end of the check of

lamp function, unless there is a

malfunction or a message about a

malfunction that existed when power

was last supplied to the antilock brake

system.

* * * * *

Issued on: December 8, 1995.

Barry Felrice,

Associate Administrator for Safety

Performance Standards.

[FR Doc. 95–30376 Filed 12–11–95; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 649, 650, and 651

[I.D. 112995F]

New England Fishery Management

Council; Meeting

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Public meeting.

SUMMARY: The New England Fishery

Management Council (Council) will

hold a 2-day meeting to consider actions

affecting New England fisheries in the

exclusive economic zone.

DATES: The meeting will begin on

Wednesday, December 13, 1995, at 10

a.m. and on Thursday, December 14 at

8:30 a.m.

ADDRESSES: The meeting will be held at

the King’s Grant Inn, Route 128 and

Trask Lane, Danvers, MA 01906–1097;

telephone: (617) 231–0422.

FOR FURTHER INFORMATION CONTACT:

Douglas G. Marshall, Executive Director,

New England Fishery Management

Council, (617) 231–0422.

SUPPLEMENTARY INFORMATION:

December 13, 1995

The December 13, 1995, session will

include reports from the Council’s Gear

Conflict, Monkfish, and Dogfish

Committees. The gear conflict

discussion will focus on reviewing and

possibly approving a draft plan

amendment document for public

hearing purposes that contains a

framework adjustment procedure to

reduce gear conflicts. The intent is to

amend several fishery management

plans for this purpose. The Monkfish

Committee will update the Council on

possible monkfish total allowable

catches, limited access quotas, and

limited access qualification criteria

within the context of alternatives

already developed as part of a draft

fishery management plan. The Dogfish

Committee will provide background

information on the Mid-Atlantic Fishery

Management Council’s decision to

temporarily delay development of the

joint plan.

During the afternoon session of the

meeting, the Marine Mammal

Committee will report on its efforts to

develop time/area closures to reduce the

bycatch of harbor porpoise in the Gulf

of Maine sink gillnet fishery. The Sea

Scallop Committee will discuss the

development of Amendment 5 to the

Fishery Management Plan for the

Atlantic Sea Scallop Fishery (Scallop

FMP), a program to allow vessels to

consolidate their days at sea. The

Council may also approve draft

Amendment 6 to the Scallop FMP for

public hearing purposes. The

amendment proposes to establish a

temporary experimental use area 10

miles south of Martha’s Vineyard for sea

scallop research, enhancement, and

aquaculture.

Abbreviated Rulemaking—Atlantic Sea

Scallops

At the recommendation of its Scallop

Committee, the Council will consider

initial action on Framework Adjustment

7 to the Scallop FMP under the

framework for abbreviated rulemaking

procedure contained in 50 CFR 650.40.

The Council proposes to extend the

current rule specifying a maximum crew

size of seven until a plan amendment

allows the consolidation of days at sea

now allocated to individual scallop

vessels, or until the Council changes the

crew size through other action.

December 14, 1995

The December 14, 1995, session will

begin with an update on the future

direction of lobster management. The

Northeast Multispecies (Groundfish)

Committee will follow with a report on