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Federal Register/Vol. 70, No. 96/Thursday, May 19, 2005

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Federal Register/Vol. 70, No. 96/Thursday, May 19, 2005 Federal Register / Vol. 70, No. 96 / Thursday, May 19, 2005 / Proposed Rules 28895 probability of tire failure, none of which necessary to meet the RMA’s DEPARTMENT OF THE INTERIOR were statistically significant. recommended tire pressure reserve, but Consequently, this model also did not increases of this magnitude could cause Fish and Wildlife Service establish a safety benefit associated with ride comfort to decrease considerably. a tire pressure reserve. In such cases, an increase in tire size 50 CFR Part 17 However, because this latter model would be needed, thereby triggering produced a value that approached production changes and associated cost RIN 1018–AT31 significance (p value = 0.06), we increases. Again, for a more complete decided to use these results to develop Endangered and Threatened Wildlife discussion, please see the analysis of and Plants; 12-Month Petition Finding a hypothetical estimate of the costs and costs and benefits placed in the benefits of a tire pressure reserve, for the and Proposed Rule To Delist the docket.38 Given that the agency’s careful Mexican Bobcat (Lynx Rufus moment assuming that an association review of the data has found no had been demonstrated. The details of Escuinapae) demonstrable safety benefit from a tire this analysis have been placed in the pressure reserve requirement as would AGENCY: Fish and Wildlife Service, docket,36 but the following summarizes Interior. the key points. justify rulemaking, it is unlikely that ACTION: Proposed rule; notice of finding. Using this model, we produced an imposition of these costs on consumers could withstand scrutiny under the estimate of 2.15% fewer tire failures if SUMMARY: We, the U.S. Fish and rulemaking process. all new vehicles were required to be Wildlife Service (Service), announce the fitted with tires that had, at a minimum, V. Conclusions 12-month finding that a petition to 8 psi of pressure reserve. If we assume delist the Mexican bobcat (Lynx rufus that these changes would produce a The agency is not persuaded by the escuinapae) under the Endangered proportionate reduction in tire-related RMA’s arguments that a tire pressure Species Act of 1973, as amended (Act, deaths and injuries, then we can apply reserve requirement for light vehicles or ESA), is warranted. The best available 2.15% to data from the Fatality Analysis equipped with TPMSs is needed, for information indicates that the Mexican Reporting System (FARS), the General three reasons: (1) NHTSA does not agree bobcat may not constitute a separate Estimates System (GES), and the with the RMA’s claim that the TPMS subspecies and does not constitute a National Automotive Sampling Survey standard will mislead consumers into distinct population segment (DPS). (NASS) to produce an estimate of safety believing that their tires are properly Despite habitat modification by humans, benefits. Extrapolating from a previous inflated whenever the TPMS warning the bobcat remains abundant throughout 37 NHTSA analysis, the agency estimates telltale is not illuminated, because the Mexico. Accordingly, we herein propose that the potential benefits would be petitioner has not provided compelling to delist the Mexican bobcat under the prevention of 731 crashes (with roughly evidence that shows this to be the case; Act. The Service seeks data and $2 million in property damage and (2) the RMA did not provide data to comments from the public on this travel delay savings), 4 fatalities, and 96 show that tires on vehicles with little or proposed rule. injuries in all cases involving blowouts no pressure reserve have a higher rate of DATES: Comments and information may or flat tires. However, this target be submitted until August 17, 2005. population of all blowouts or flat tires failure in the field compared with vehicles having a high tire pressure Public hearing requests must be is larger than could be impacted by tire received by July 5, 2005. reserve load, as many flat tires are reserve; and (3) the agency’s caused by running over a hazardous independent studies have not shown a ADDRESSES: Submit comments, object in the road and are not caused by reliable or conclusive relationship information, and questions to the Chief, factors influenced by tire reserve load. between tire pressure reserve and tire Division of Scientific Authority, U.S. Thus, the unproven benefits listed failure claims in the field. Fish and Wildlife Service, 4401 N. Fairfax Drive, Room 750, Arlington, VA above likely overstate the true potential For the reasons stated above, the benefits, although the magnitude of this 22203, USA; or by fax (703–358–2276) agency is denying the petition. In or by e-mail overstatement is unclear. accordance with 49 CFR Part 552, this In terms of costs, the RMA proposed ([email protected]). Comments concludes the agency’s review of the and supporting information will be that vehicle manufacturers could petition. accommodate a tire pressure reserve available for public inspection, by requirement by simply raising the Authority: 49 U.S.C. 322, 30111, 30115, appointment, from 8 a.m. to 4 p.m. at recommended tire inflation pressures or 30117, and 30162; delegation of authority at the above address. by specifying larger tires with more load 49 CFR 1.50 and 501.8. To request copies of the regulations carrying capacity for their vehicles. We Issued on: May 13, 2005. regarding listed wildlife or inquire do not believe this to be the case. We about prohibitions or permits, write to: Stephen R. Kratzke, Division of Management Authority, believe that a tire pressure reserve Associate Administrator for Rulemaking. consistent with RMA’s recommendation 4401 North Fairfax Drive, Room 700, [FR Doc. 05–9989 Filed 5–18–05; 8:45 am] would have major technical and cost Arlington, VA 22203, USA. ramifications for the automotive BILLING CODE 4910–59–P Alternatively, you may contact us by industry and consumers, which could telephone (703–358–2104; toll free, 1– amount to approximately $132 million 800–358–2104), fax (703–358–227), or e- per year. For many vehicles, an increase mail ([email protected]). in tire pressure of up to 8 psi may be FOR FURTHER INFORMATION CONTACT: Dr. Javier Alvarez at the above address; or 36 Docket No. NHTSA–2005–20967–3. by telephone (703–358–1708), fax (703– 37 ‘‘Final Regulatory Evaluation, FMVSS No. 139, 358–2276), or e-mail New Pneumatic Tires for Light Vehicles,’’ NHTSA, ([email protected]). June 2003, p. S–2 (Docket No. NHTSA–2003– 15400–2). 38 Docket No. NHTSA–2005–20967–3. SUPPLEMENTARY INFORMATION: VerDate jul<14>2003 23:41 May 18, 2005 Jkt 205001 PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 E:\FR\FM\19MYP1.SGM 19MYP1 28896 Federal Register / Vol. 70, No. 96 / Thursday, May 19, 2005 / Proposed Rules Background On July 8, 1996, we received a Natural Resources [SEMARNAT]) did Section 4(b)(3)(A) of the Endangered petition dated June 30, 1996, from the not object to the delisting. Mr. Kline Species Act of 1973 (Act), as amended National Trappers Association, Inc., supported the delisting, commenting (16 U.S.C. 1531 et seq.), requires the Bloomington, Illinois. The petition and that there is no evidence of taxonomic Service to make a finding on whether a cover letter clearly identified itself as differences between bobcat populations petition to list, delist, or reclassify a such and contained the name, address, in the United States and Mexico, and species has presented substantial and signature of the petitioning that the bobcat population in Mexico information indicating that the organization’s representative. does not constitute a discrete requested action may be warranted. This Information relating to the taxonomy, population separate from the U.S. finding is to be based on all information the present population status and bobcat population. CBD opposed the trends, and threats were included in the delisting because of a lack of population available to us at the time the finding is petition. The petition requested that we information. CBD further argued that made. To the maximum extent delist the Mexican bobcat under the Act, continued listing was necessary to help practicable, the finding shall be made and noted that downlisting to prioritize research, and that within 90 days following receipt of the threatened status would not be an development along the U.S.-Mexico petition (this finding is referred to as the appropriate alternative. In a letter dated border was likely to increase, thus ‘‘90-day finding’’) and published November 4, 1996, we acknowledged reducing genetic flow between bobcat promptly in the Federal Register. If the receipt of the petition (Service, in litt., populations in Mexico and the United 90-day finding is positive (i.e., the 1996). We stated that we would address States. However, no substantial new petition has presented substantial the petition as soon as possible. Due to information was provided by any of the information indicating that the staffing and budget constraints, we were four commenters. The comments requested action may be warranted), unable to process the petition until submitted by Mr. Kline and CBD are Section 4(b)(3)(A) of the Act requires the 2003. addressed in the sections below. Service to commence a status review of On June 11, 2003, we made a positive In our 90-day finding, we stated that the species if one has not already been 90-day finding on the National Trappers we had used all relevant literature and initiated under the Service’s internal Association petition (i.e., the Service information available at that time (June candidate-assessment process. In found that the petition presented 2003) on current status of and threats to addition, Section 4(b)(3)(B) of the Act substantial information indicating that the Mexican bobcat.
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