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Endangered and Threatened Wildlife and Plants Federal Register / Vol. 76, No. 55 / Tuesday, March 22, 2011 / Proposed Rules 15919 before the test, per the regulation. provided by the roof crush standard. safety argument. Instead, its arguments Furthermore, it is not apparent how the NTEA stated that its statistics show that are based primarily on overstated modifications generally made by a final- the vast majority of multi-stage vehicles certification risk. As such, we believe stage manufacturer will create are rated above 6,000 pounds. NTEA that this rule should continue to include compliance difficulties with FMVSS No. noted that FMVSS No. 216a excludes those vehicles with an intact, compliant 216a. Moreover, as we explained in the trucks other than ones built on chassis- roof structure, whether they are multi-stage certification rulemaking, if cabs (and incomplete vehicles with a delivered to the dealership or the final- final-stage manufacturers identify full exterior van body), meaning that the stage manufacturer. particular areas where compliance with agency excluded approximately one- FMVSS No. 216a is a problem, they, or third of multi-stage vehicles with a IV. Conclusion NTEA on behalf of its members, can GVWR of 6001 pounds to 10,000 For the reasons discussed above, we petition for a temporary exemption pounds. NTEA also said that chassis deny the petition for reconsideration under 49 CFR part 555.78 with a GVWR of over 10,000 pounds submitted by NTEA. In our Further Response, we stated constitute 94.5 percent of the entire Authority: 49 U.S.C. 322, 30111, 30115, that in analyzing the 2006 GMT–355 market of chassis rated above 6,000 30166 and 30177; delegation of authority at IVD, which is for a body-on-frame pounds. Thus, the vast majority of 49 CFR 1.50. vehicle, pass-through certification multi-stage vehicles above 6,000 pounds Issued: March 16, 2011. would be available to final-stage GVWR are already excluded from manufacturers if no modifications were FMVSS No. 216a, and its position Daniel C. Smith, made to the roof or its structural support would not have any appreciable effect Senior Associate Administrator for Vehicle members. We still believe that to be on the multi-stage vehicle population Safety. true. NTEA has not presented NHTSA that will be subject to the rule. [FR Doc. 2011–6595 Filed 3–21–11; 8:45 am] with descriptions or evidence of any NTEA’s argument ignores the fact that BILLING CODE 4910–59–P modifications that are made to a chassis- Congress, in SAFETEA–LU, required cab or its support structure. If such NHTSA to establish rules or standards modifications do occur, they could that will reduce vehicle rollover crashes DEPARTMENT OF THE INTERIOR affect the vehicle’s compliance with and mitigate deaths and injuries FMVSS No. 216a if the roof or its associated with such crashes for motor Fish and Wildlife Service support structure is weakened. vehicles with a GVWR of not more than However, we have no evidence that 10,000 pounds. We recognized in the 50 CFR Part 17 such modifications occur. As we final rule that there are benefits for [Docket No. FWS–R4–ES–2010–0011; MO presented earlier in this document, vehicles with a GVWR above 6,000 92210–0–0008] NHTSA is unaware of equipment pounds up to 10,000 pounds, although manufacturers that require they are relatively small compared to Endangered and Threatened Wildlife modifications to the chassis-cab or its those associated with lighter vehicles. and Plants; 12-Month Finding on a support structure. However, the benefits are not trivial. We Petition To List the Berry Cave The only modifications mentioned by noted that if a multi-stage vehicle is Salamander as Endangered NTEA in it comments or petition is involved in a rollover, the vehicle’s roof where a final-stage manufacturer drills strength will be an important factor in AGENCY: Fish and Wildlife Service, holes in the frame rails behind the providing occupant protection. Interior. chassis-cab and attaches a box onto In the final rule, as discussed above, ACTION: Notice of 12-month petition those frame rails. FMVSS No. 216a will NHTSA included those multi-stage finding. only test the roof strength of the chassis- trucks that have an intact, compliant cab independent of the vehicle’s frame. roof structure when it leaves the SUMMARY: We, the U.S. Fish and The chassis-cab is manufactured by an incomplete vehicle manufacturer and Wildlife Service (Service), announce a incomplete vehicle manufacturer who excluded those trucks for which the 12-month finding on a petition to list will provide the final-stage final-stage manufacturer would be the Berry Cave salamander manufacturer with a compliant roof. responsible for designing and (Gyrinophilus gulolineatus) as Therefore, provided modifications are manufacturing the roof structure. While endangered under the Endangered not made to the vehicle’s chassis-cab or the number of included vehicles is a Species Act of 1973, as amended (Act). its support structure, subsequent small number of the total multi-stage After review of all available scientific modifications to the vehicle’s frame vehicles built and certified every day, and commercial information, we find rails will not affect the vehicle’s adequate justification as to why the that listing the Berry Cave salamander is performance in the FMVSS No. 216a drivers of chassis-cabs should be less warranted. Currently, however, listing is test. For those reasons, NHTSA believes safe than the driver of a nearly identical precluded by higher priority actions to there was no reason for the agency to pickup truck has not been provided. amend the Lists of Endangered and specifically test a completed multi-stage This is especially so when the later- Threatened Wildlife and Plants. Upon truck in support of its evaluation. stage manufacturing does not affect the publication of this 12-month petition strength of the chassis-cab’s roof. finding, we will add the Berry Cave H. All Multi-Stage Vehicles Should Not While there may not be an salamander to our candidate species list. Be Excluded appreciable effect on the entire multi- We will develop a proposed rule to list NTEA argued that excluding all multi- stage population, as NTEA argues, that the Berry Cave salamander as our stage vehicles would not unacceptably was not the intent. Instead, the intent priorities allow. We will make any deprive those users of the safety benefits was to implement the provisions of determination on critical habitat during SAFETEA–LU and, where practicable, development of the proposed listing 78 NTEA stated to its members that it could to give drivers of vehicles with a GVWR rule. During any interim period, we will submit a petition and individual companies would only need to submit limited information to opt-in. of 10,000 pounds or less increased address the status of the candidate taxon See National Truck Equipment Association, safety in case of a rollover. We note that through our annual Candidate Notice of Certification Guide, Appendix 5l (2007). NTEA has not presented a persuasive Review (CNOR). VerDate Mar<15>2010 16:12 Mar 21, 2011 Jkt 223001 PO 00000 Frm 00061 Fmt 4702 Sfmt 4702 E:\FR\FM\22MRP1.SGM 22MRP1 srobinson on DSKHWCL6B1PROD with PROPOSALS 15920 Federal Register / Vol. 76, No. 55 / Tuesday, March 22, 2011 / Proposed Rules DATES: The finding announced in this the requisite identification information larger size (Brandon 1965, p. 347). document was made on March 22, 2011. for the petitioner, as required in 50 CFR Despite these differences, the taxonomic ADDRESSES: This finding is available on 424.14(a). In a February 24, 2003, letter status of the Berry Cave salamander has the Internet at http:// to the petitioner, we responded that we been debated for some time. The Berry www.regulations.gov at Docket Number had received the petition but that, due Cave salamander was recognized as a FWS–R4–ES–2010–0011. Supporting to court orders and settlement distinct aquatic, cave-dependant taxon documentation we used in preparing agreements for other listing and critical of the Tennessee cave salamander this finding is available for public habitat actions that required nearly all complex by Brandon (1965, pp. 346– inspection, by appointment, during of our listing and critical habitat 352), who described it as a subspecies normal business hours at the U.S. Fish funding, we would not be able to further (G. p. gulolineatus). The Tennessee and Wildlife Service, Tennessee address the petition at that time. Wildlife Resources Agency (TWRA) Ecological Services Field Office, 446 The 90-day petition finding was (2005, p. 50) still uses this subspecific Neal Street, Cookeville, TN 38501. published in the Federal Register on designation. Brandon et al. (1986, pp. 1– Please submit any new information, March 18, 2010 (75 FR 13068). The 2) suggested the Berry Cave salamander materials, comments, or questions Service found that the information be considered separate from the concerning this finding to the above provided in the petition, supporting Tennessee cave salamander based on street address. information submitted with the petition, nonadjacent ranges (it is geographically FOR FURTHER INFORMATION CONTACT: and information otherwise available in isolated from other members of the Mary E. Jennings, Field Supervisor, our files did provide substantial complex), dissimilarity in bone Tennessee Ecological Services Field scientific or commercial information structures of transformed adults, and Office, 446 Neal Street, Cookeville, TN indicating that listing the Berry Cave morphology of neotenic adults. 38501; by telephone 931–528–6481; or salamander may be warranted. In the Furthermore, Niemiller et al. (2010b, by facsimile at 931–528–7075. If you use finding, we stated that we were p. 5) found that Berry Cave salamander a telecommunications device for the initiating a status review to determine populations they sampled have three deaf (TDD), please call the Federal whether listing the species was unique alleles when compared to the Information Relay Service (FIRS) at warranted, and would issue a 12-month Tennessee cave salamander.
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