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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Rules

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Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Rules Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Rules and Regulations 50477 the agency should have indicated in the Standard 213 for use in compliance Dated: September 26, 1995. May 16, 1995 notice that the July 7, tests. The final rule was published Barry Felrice, 1995 effective date was retroactively Thursday, July 6, 1995 (60 FR 35126). Associate Administrator for Safety established as of May 4, 1995. To Performance Standards. Need for Correction address these problems and to alleviate [FR Doc. 95±24231 Filed 9±28±95; 8:45 am] any potential ambiguity regarding the As published, the final rule contains BILLING CODE 4910±59±P effectiveness of these amendments, errors that may prove to be misleading NHTSA is issuing this notice to clarify and are in need of clarification. First, that, effective May 4, 1995, the effective the effective date of the amendments DEPARTMENT OF THE INTERIOR date of the amendments to 49 CFR Part adopted by the rule, as drafted, did not 576, Record Retention, and 49 CFR conform to the drafting requirements of Fish and Wildlife Service 573.5(c)(8) (recall schedule), 573.7 the Federal Register. Second, one of the (leased vehicle recordkeeping), and labeling requirements directed 50 CFR Part 23 577.5(h) (recall notification of lessees) manufacturers to specify the sitting that were published on April 5, 1995 height of children for whom the RIN 1018±AC 78 will be January 2, 1996. All other restraint is recommended. This is an amendments made by the April 5, 1995 error because, while the proposed rule Changes in the List of Species in final rule became effective on July 7, considered requiring a sitting height Appendices to the Convention on 1995. measure, NHTSA decided against this in International Trade in Endangered Species of Wild Fauna and Flora Issued on: September 21, 1995. the final rule. Third, there are redundant terms that are at the Barry Felrice, AGENCY: Fish and Wildlife Service, beginning of the section that specifies Interior. Associate Administrator for Safety which dummy is used to test a child Performance Standards. ACTION: Final rule. restraint recommended for use by older [FR Doc. 95±24123 Filed 9±23±95; 8:45 am] children (S7.1(c)). This document SUMMARY: The Convention on BILLING CODE 4910±59±M removes them. International Trade in Endangered NHTSA notes that the agency has Species of Wild Fauna and Flora (CITES 49 CFR Part 571 received petitions for reconsideration or Convention) regulates international requesting a delay in the January 3, 1996 trade in certain animals and plants. [Docket No. 74±09; Notice 42] effective date of the rule for add-on Species or other taxa for which such RIN 2127±AF02 child restraints. These petitions are trade is controlled are listed in pending. This correction notice does not Appendices I, II, and III to CITES. The Federal Motor Vehicle Safety represent or imply any agency decision countries participating in this treaty, Standards; Child Restraint Systems; or other exercise of judgment including the United States, adopted Correction concerning the merits of that request. amendments to Appendices I and II at NHTSA's evaluation of those petitions the ninth meeting of the Conference of AGENCY: National Highway Traffic is on-going and a decision to grant or the Parties (COP9) in November, 1994. Safety Administration (NHTSA), deny those petitions will be published The United States did not enter a Department of Transportation. shortly. reservation against any of the adopted ACTION: Final rule; correction. Correction of Publication amendments. This document SUMMARY: This document corrects a incorporates all these amendments into Accordingly, the publication on July the U.S. Fish and Wildlife Service's final rule that was published Thursday, 6, 1995 of the final rule (Docket No. 74± July 6, 1995 (60 FR 35126). The rule (Service) regulations implementing 09, Notice 42), is corrected as follows: CITES. This rule includes an amended, amended Federal Motor Vehicle Safety 1. On page 35127, in the first column, Standard (FMVSS) No. 213, Child complete listing of CITES-protected the DATES section is corrected to read as animal and plant taxa (50 CFR 23.23) Restraint Systems, to add a greater array follows: of sizes and weights of test dummies to that incorporates the adopted Standard 213 for use in compliance DATES: This rule is effective January 3, amendments. This new list also tests. 1996. incorporates extensive However, manufacturers of built-in recommendations of the Nomenclature EFFECTIVE DATE: January 3, 1996. child restraint systems may comply Committee adopted by the Parties, FOR FURTHER INFORMATION CONTACT: For with existing requirements for built-in including changes in scientific names nonlegal issues: Dr. George Mouchahoir, systems (as of July 6, 1995) until and/or listing sequences resulting from Office of Vehicle Safety Standards September 1, 1996. adoption of new, standard, taxonomic (telephone 202±366±4919). Manufacturers of add-on child references for birds and mammals. For legal issues: Ms. Deirdre Fujita, restraint systems may comply with These taxonomic changes do not affect Office of the Chief Counsel (202±366± existing requirements for add-on the status under CITES of any listed 2992). Both can be reached at the systems (as of July 6, 1995) until January animal or plant and do not change the National Highway Traffic Safety 3, 1996. attendant responsibilities of the United Administration, 400 Seventh St., S.W., States or any other CITES Party for Washington, D.C., 20590. § 571.213 [Corrected] regulating trade in same. The SUPPLEMENTARY INFORMATION: 2. On page 35140, in the first column, introductory text of the revised § 23.23 in § 571.213, in S5.5.5(f)(3), line four, also incorporates new language Background the word ``sitting'' is removed. regarding trade in certain ornamental This rule corrects a final rule that 3. On page 35142, in the first column, plants, based on proposals submitted by amended FMVSS No. 213, Child in § 571.213, in S7.1(c), line one, the Australia through the CITES postal Restraint Systems, to add a greater array words ``Except for a booster seat, a procedures and adopted by the Parties of sizes and weights of test dummies to child'' are corrected to read ``A child''. in 1993. 50478 Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / Rules and Regulations DATES: The amendments set forth in this or a two-thirds majority of the Parties Federal Register notices (59 FR 55617 rule entered into effect and became present and voting. and 60 FR 73, respectively). enforceable on February 16, 1995, under Actions of the Parties Related Considerations the terms of CITES. Therefore, this rule is effective September 29, 1995. The ninth meeting of the Conference At COP9, the Parties voted to ADDRESSES: Please send correspondence of the Parties to CITES was held downlist the South African population concerning this document to Chief, November 7±18, 1994, in Fort of the white rhinoceros, Ceratotherium Office of Scientific Authority; U.S. Fish Lauderdale, Florida. Decisions of the simum simum, from Appendix I to and Wildlife Service; 4401 North Fairfax Parties on 79 different animal proposals Appendix II ``for the exclusive purpose Drive, room 725; Arlington, Virginia, and 42 different plant proposals to of allowing international trade in live 22203; fax number 703±358±2276. amend the Appendices I and II were animals to appropriate and acceptable Express and messenger deliveries reported in a proposed rule in the destinations and hunting trophies.'' The should be addressed to the Office of Federal Register on January 3, 1995 (60 effect of this annotation is that any Scientific Authority; 4401 North Fairfax FR 73). The same Federal Register also white rhinoceros part or product not Drive, room 750; Arlington, Virginia, briefly described a report by the CITES meeting the specific conditions of the 22203. Materials received will be Nomenclature Committee, which was annotated downlisting is subject to a available for public inspection by adopted by Party vote. By ``zero'' quota and therefore prohibited appointment, from 8:00 a.m. to 4:00 recommending certain changes in from international trade. One p.m. Monday through Friday at the spelling, names of taxa, and consequence of this annotated above address in Arlington, Virginia. annotations, this report resolved a downlisting is that importers of sport- hunted trophies of white rhinoceros FOR FURTHER INFORMATION CONTACT: Dr. multitude of questions that have arisen from South Africa now require only a Charles W. Dane, Chief, Office of over the years regarding appropriate CITES export permit from South Africa. Scientific Authority, U.S. Fish and nomenclature for taxa listed in Issuance of the export permit requires a Wildlife Service, at telephone 703±358± Appendix I prior to adoption of the finding by the South African CITES 1708. Berne listing criteria in 1977. The report Scientific Authority that the export will also recommended a standard SUPPLEMENTARY INFORMATION: not be detrimental to the survival of the taxonomic reference for mammals species. When the population was listed Background different from that used previously. on Appendix I, there was an additional Adoption of this report has resulted in CITES regulates import, export, requirement of an import permit from numerous changes in the scientific reexport, and introduction from the sea the importing country, based on the names and/or listing sequences of many of certain animal and plant species. importing country's own findings that taxa of mammals listed in Appendices Species for which the trade is controlled (a) the specimen was not to be used for I, II, and III. Similar types of changes are included in three Appendices. primarily commercial purposes and (b) Appendix I includes species threatened have become necessary for birds, the import was for purposes not with extinction that are or may be because of adoption of a standard detrimental to the survival of the affected by trade.
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