12664 Federal Register / Vol. 63, No. 50 / Monday, March 16, 1998 / Rules and Regulations The amendments in today's final rule submission of a petition for vehicle may be indirectly controlled by do not make those effects any more reconsideration or other administrative the antilock brake system. stringent, and in some respects, they proceedings before parties may file suit * * * * * make it easier for a manufacturer to in court. Issued on: February 23, 1998. comply with them. Specifically, by List of Subjects in 49 CFR Part 571 Ricardo Martinez, allowing the use of a single driveline Administrator. Imports, Motor vehicle safety, Motor sensor to control rear wheel speeds and [FR Doc. 98±6522 Filed 3±13±98; 8:45 am] allowing wheels on tag axles to lock vehicles, Rubber and rubber products, BILLING CODE 4910±59±P during testing, vehicle manufacturers Tires. will have more flexibility to comply In consideration of the foregoing, the with the requirements of this rule and, agency is amending Standard No. 105, as a result, costs could be reduced. Hydraulic Brake Systems in Title 49 of DEPARTMENT OF THE INTERIOR the Code of Federal Regulations at Part B. Regulatory Flexibility Act 571 as follows: Fish and Wildlife Service NHTSA has also considered the 50 CFR Part 17 effects of both this final rule and the PART 571Ð[AMENDED] original final rule under the Regulatory 1. The authority citation for Part 571 RIN 1018±AC63 Flexibility Act. I hereby certify that it continues to read as follows: will not have a significant economic Endangered and Threatened Wildlife impact on a substantial number of small Authority: 49 U.S.C. 322, 30111, 30115, and Plants; Determination of 30117, and 30166, delegation of authority at Endangered Status for Five Freshwater entities. Accordingly, the agency has not 49 CFR 1.50. CFR 1.50. prepared a final regulatory flexibility Mussels and Threatened Status for analysis. 2. Section 571.105 is amended by Two Freshwater Mussels From the NHTSA concluded that the March adding the definitions of ``motor home'' Eastern Gulf Slope Drainages of 1995 final rule had no significant and ``tandem axle'' in S4 and by Alabama, Florida, and Georgia impact on a substantial number of small revising S5.5.1, to read as follows: AGENCY: Fish and Wildlife Service, entities. Thus, today's final rule, which § 571.105 Standard No. 105; Hydraulic and Interior. could potentially reduce costs electric brake systems. associated with the March 1995 final ACTION: Final rule. * * * * * rule, will not have a significant SUMMARY: The Fish and Wildlife Service economic impact on a substantial S4. Definitions. (Service) determines five freshwater number of small entities. * * * * * mussels, the fat threeridge (Amblema C. National Environmental Policy Act Motor home means a motor vehicle neislerii), shinyrayed pocketbook with motive power that is designed to NHTSA has analyzed this rulemaking (Lampsilis subangulata), Gulf provide temporary residential moccasinshell (Medionidus action for the purposes of the National accommodations, as evidenced by the Environmental Policy Act. The agency penicillatus), Ochlockonee presence of at least four of the following moccasinshell (Medionidus has determined that implementation of facilities: cooking; refrigeration or ice this action will not have any significant simpsonianus), and oval pigtoe box; self-contained toilet; heating and/or (Pleurobema pyriforme) to be impact on the quality of the human air conditioning; a potable water supply environment. endangered species, and two freshwater system including a faucet and a sink; mussels, the Chipola slabshell (Elliptio D. Executive Order 12612 (Federalism) and a separate 110±125 volt electric chipolaensis) and purple bankclimber NHTSA has analyzed this action power supply and/or an LP gas supply. (Elliptoideus sloatianus) to be under the principles and criteria in * * * * * threatened species under the Executive Order 12612. The agency has Tandem axle means a group of two or Endangered Species Act of 1973, as determined that this notice does not more axles placed in close arrangement amended (Act). These mussels are have sufficient Federalism implications one behind the other with the center endemic to eastern Gulf Slope streams to warrant the preparation of a lines of adjacent axles not more than 72 draining the Apalachicolan Region of Federalism Assessment. No State laws inches apart. southeast Alabama, southwest Georgia, will be affected. * * * * * and north Florida. Their center of S5.5.1 Each vehicle with a GVWR distribution is the Apalachicola- E. Civil Justice Reform greater than 10,000 pounds, except for Chattahoochee-Flint (ACF) River basin This final rule does not have any any vehicle with a speed attainable in of southeast Alabama, southwest retroactive effect. Under 49 U.S.C. 2 miles of not more than 33 mph, shall Georgia, and northwest Florida, and the 30103, whenever a Federal motor be equipped with an antilock brake Ochlockonee River system of southwest vehicle safety standard is in effect, a system that directly controls the wheels Georgia and northwest Florida. They are State may not adopt or maintain a safety of at least one front axle and the wheels currently known from restricted standard applicable to the same aspect of at least one rear axle of the vehicle. portions of from one to four of performance which is not identical to On each vehicle with a GVWR greater independent river systems. These the Federal standard, except to the than 10,000 pounds but not greater than species inhabit stable sandy and extent that the State requirement 19,500 pounds and motor homes with a gravelly substrates in medium-sized imposes a higher level of performance GVWR greater than 10,000 pounds but streams to large rivers, often in areas and applies only to vehicles procured not greater than 22,500 pounds swept free of silt by the current. The for the State's use. 49 U.S.C. 30161 sets manufactured before March 1, 2001, the abundance and distribution of the seven forth a procedure for judicial review of antilock brake system may also directly mussel species decreased historically final rules establishing, amending or control the wheels of the rear drive axle from habitat loss associated with revoking Federal motor vehicle safety by means of a single sensor in the reservoir construction, channel standards. That section does not require driveline. Wheels on other axles of the construction and maintenance, and Federal Register / Vol. 63, No. 50 / Monday, March 16, 1998 / Rules and Regulations 12665 erosion. These habitat changes have As a group, freshwater mussels are (O'Brien 1996). Several host fish resulted in significant extirpations extremely long-lived, with life spans of families have been identified for the (localized loss of populations), up to 130 years for certain species threeridge, a congener of the fat restricted and fragmented distributions, (Neves and Moyer 1988, Bauer 1992). threeridge, and include eight species of and poor recruitment of young. Life spans of these seven species are centrarchids (the sunfish family) (Fuller DATES: Effective: April 15, 1998. unknown. Based on the longevity of a 1974, Hoggarth 1992). Centrarchids have ADDRESSES: The complete congener of the fat threeridge (the also been determined to be fish hosts for administrative file for this rule is threeridge [Amblema plicata]; Stansbery species of Elliptio (Fuller 1974, available for inspection, by 1971b), the longevity of thick-shelled Hoggarth 1992), and may also serve as appointment, during normal business species (Stansbery 1961), and the large host for the Chipola slabshell and hours at the U.S. Fish and Wildlife size attained by the fat threeridge and possibly the purple bankclimber, which, Service, Jacksonville Field Office, 6620 purple bankclimber (see ``Species genetically, is very similar to Elliptio Southpoint Drive South, Suite 310, Accounts'' in this section), the latter two spp. (M. Mulvey, Savannah River Jacksonville, Florida 32216. species probably have long lifespans. Ecology Laboratory, pers. comm.). Freshwater mussels generally have FOR FURTHER INFORMATION CONTACT: Dr. Minnows (Cyprinidae) may serve as separate sexes. The age of sexual Michael M. Bentzien at the above hosts for the fat threeridge and Chipola maturity is variable (Gordon and Layzer address, or 904/232±2580, ext. 106. slabshell. 1989), usually requiring from three (Zale The complex life cycle of mussels SUPPLEMENTARY INFORMATION: and Neves 1982) to nine (Smith 1979) increases the probability that weak links Background years, and may be sex dependent (Smith in their life history will preclude 1979). Males expel sperm into the water successful reproduction and recruitment Introduction column, while females draw in the (Neves 1993). Egg formation and The fat threeridge, shinyrayed sperm with the in-current water flow fertilization are critical phases in the life pocketbook, Gulf moccasinshell, (Gordon and Layzer 1989). Spawning history; mussels may fail to form eggs Ochlockonee moccasinshell, oval appears to be temperature dependent (Downing et al. 1989), or have pigtoe, Chipola slabshell, and purple (Zale and Neves 1982, Bruenderman incomplete fertilization (Matteson bankclimber are freshwater mussels of and Neves 1993), but may also be 1948). Fertilization success has been the family Unionidae found only in influenced by stream flow (Hove and shown to be strongly correlated with eastern Gulf Slope streams draining the Neves 1994). Fertilization rates are spatial aggregation, which either