Federal Register/Vol. 67, No. 117/Tuesday, June 18, 2002
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Federal Register / Vol. 67, No. 117 / Tuesday, June 18, 2002 / Proposed Rules 41367 loads and neck moments than those into or the addition of, window frames on Approximately 1,786 hectares (ha) tempered glass. Impacts into standard the side of vehicles and result in smaller (4,412 acres (ac)) are proposed for tempered glass resulted in axial loads side windows. For vehicles with framed designation of critical habitat. We are that were comparable to those into the windows, NHTSA estimates it would proposing to include approximately 740 advanced glazings. For each neck injury cost between $48 and $79 to modify the ha (1,828 ac) within two units located measure, the lowest neck injury two front side windows. However, many in Marin and Sonoma counties, measurements were obtained from the vehicles today are produced without California, as critical habitat for tempered glass impacts. framed windows. NHTSA has no cost Delphinium bakeri, and 1,046 ha (2,584 On July 19, 2000 (65 FR 44710), estimates for modifying windows ac) within four units also located in NHTSA published a request for without frames to accept advanced Marin and Sonoma counties, California, comments on the agency’s second glazing. In addition, NHTSA has no cost as critical habitat for Delphinium advanced glazing status report (DOT estimates for modifying rear side luteum. Critical habitat receives docket NHTSA–2000–7066). NHTSA windows for advanced side glazing. protection from destruction or adverse received 96 comments from auto Advanced side glazing would require modification through required manufacturers, suppliers, safety groups, modifications to the design of all consultation under section 7 of the Act a vehicle extraction specialist, an vehicles currently being produced to with regard to actions carried out, engineering service, and private make their windows smaller, and the funded, or authorized by a Federal individuals. NHTSA has carefully costs of such a design modification agency. Section 4 of the Act requires us analyzed the information provided in would be significant. to consider economic and other relevant the comments. The automotive Given these concerns, NHTSA impacts when specifying any particular manufacturers commented that believes it would be more appropriate to area as critical habitat. advanced glazing may induce head, devote its research and rulemaking We solicit data and comments from neck and lacerative injuries and efforts with respect to ejection the public on all aspects of this recommended that NHTSA focus on mitigation to projects other than proposal, including data on the occupant containment efforts by means advanced glazing. Thus, the agency will economic and other impacts of the of side curtain air bags. All other not continue to examine a potential designation and our approaches to commenters believed that advanced requirement for advanced side glazing. handling any future habitat glazings would enhance the overall The focus will shift from advanced conservation plans. We may revise this safety performance of vehicles. The glazing to the development of more proposal prior to final designation to private citizens did not provide comprehensive, performance-based test incorporate or address new information technical data, but they favored the use procedures. If such procedures prove received during the comment period. of advanced glazing in side and rear feasible, NHTSA will focus its efforts on DATES: We will accept comments until windows of vehicles based on their establishing the safety performance that August 19, 2002. Public hearing belief that up to 1,300 lives may be must be achieved. For these reasons, requests must be received by August 2, saved each year. The manufacturers NHTSA has decided to terminate 2002. indicated that advanced glazing benefits rulemaking on the issue of advanced ADDRESSES: If you wish to comment, assume a 66% belt use rate and the glazing. benefits would dramatically decline you may submit your comments and with increased seat belt use. Issued on: June 13, 2002. materials concerning this proposal by Stephen R. Kratzke, any one of several methods: II. Agency Decision Associate Administrator for Safety You may submit written comments In the House of Representatives Performance Standards. and information or hand-deliver Conference Report on H.R. 4475, [FR Doc. 02–15356 Filed 6–17–02; 8:45 am] comments to the Field Supervisor, Department of Transportation and BILLING CODE 4910–59–P Sacramento Fish and Wildlife Office, Related Agencies Appropriation Act, U.S. Fish and Wildlife Service, 2800 2001, Congress noted that NHTSA had Cottage Way, Suite W—2605, been considering the utility of advanced DEPARTMENT OF THE INTERIOR Sacramento, CA 95825. side glazing since 1991, and directed You may also send comments by NHTSA to complete and issue a final Fish and Wildlife Service electronic mail (e-mail) to report on advanced side glazing. In [email protected]. November 2001, NHTSA completed that 50 CFR Part 17 See the Public Comments Solicited directive and published a final report, section below for file format and other ‘‘Ejection Mitigation Using Advanced RIN 1018–AG96 information about electronic filing. Comments and materials received will Glazing.’’ Based on its rulemaking Endangered and Threatened Wildlife be available for public inspection, by efforts and research documented in the and Plants; Critical Habitat appointment, during normal business report, NHTSA concludes that there is Designation for Two Larkspurs From hours at the above address. no reasonable possibility of proposing Coastal Northern California regulatory requirements for advanced FOR FURTHER INFORMATION CONTACT: glazing in the foreseeable future due to AGENCY: Fish and Wildlife Service, Wayne White, Field Supervisor, safety and cost concerns. Interior. Sacramento Fish and Wildlife Office, at Two primary reasons for this ACTION: Proposed rule. the above address: telephone 916/414– conclusion are the advent of other 6600; facsimile 916/414–6710. ejection mitigation systems, such as side SUMMARY: We, the U.S. Fish and SUPPLEMENTARY INFORMATION: air curtains and the need to develop Wildlife Service (Service), propose to performance standards for them, and the designate critical habitat pursuant to the Background fact that advanced side glazing in some Endangered Species Act of 1973, as Delphinium bakeri is a perennial herb cases appears to increase the risk of amended (Act), for Delphinium bakeri in the buttercup family (Ranunculaceae) neck injury. In addition, advanced side (Baker’s larkspur) and Delphinium that grows from a thickened, tuber-like, glazing would require modifications to, luteum (yellow larkspur). fleshy cluster of roots. The stems are VerDate jun<06>2002 19:01 Jun 17, 2002 Jkt 197001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\18JNP1.SGM pfrm15 PsN: 18JNP1 41368 Federal Register / Vol. 67, No. 117 / Tuesday, June 18, 2002 / Proposed Rules hollow, erect, and grow to 65 near Tomales that is thought to be fruit is a follicle. D. luteum flowers from centimeters (cm) (26 inches ( in)) tall. extirpated (CNDDB 2001). March to May. Delphinium luteum is Shallowly five-parted leaves occur The single extant (currently existing, distinguished from other Delphinium by primarily along the upper third of the not extirpated or destroyed) occurrence its yellow flowers and its erect seed stem and are green (as opposed to of Delphinium bakeri grows in mesic follicles (CNPS 1977). In contrast to withering) at the time the plant flowers. (moderate moisture) conditions along an typical pollinators for the genus The flowers are irregularly shaped. The extensive north-facing slope under an Delphinium, potential pollinators for D. five sepals (members of the outermost overstory that includes Umbellularia luteum are Allen’s hummingbirds, set of flower parts) are conspicuous, californica (California bay), Aesculus which have been observed visiting D. bright dark blue or purplish, with the californica (California buckeye), and luteum flowers. In addition, the flower rear sepal elongated into a spur (hollow, Quercus agrifolia (coastal live oak). shape and sucrose-dominated nectar are often cone-shaped, projection). The Other native plants associated with D. consistent with characteristics of inconspicuous petals occur in two pairs. bakeri at this site include—Baccharis species that are typically pollinated by The lower pair is oblong and blue- pilularis ssp. consanguinea hummingbirds (Guerrant 1976). purple; the upper pair is oblique (having (coyotebrush), Symphorcarpos cf. Heller (1903) described Delphinium unequal sides or an asymmetric base) rivularis (snowberry), Rubus ursinus luteum based on type material collected and white. Seeds are produced in (California blackberry), Pteridium from ‘‘grassy slopes about rocks, near several dry, many-seeded fruits which aquilinum (braken fern), Polystichum Bodega Bay, along the road leading to split open at maturity on only one side munitum (Sword fern), Pityrogramma the village of Bodega’’ in Sonoma (i.e., follicles). Delphinium bakeri triangularis (goldback fern), Dryopteris County. Although Jepson (1975) flowers from April through May arguta (coastal woodfern), Adiantum reduced D. luteum to a variety of D. (Warnock 1993). Delphinium bakeri can jordanii (maidenhair fern), and nudicaule (red larkspur), it is currently be differentiated from other members of Polypodium glycyrrhiza (licorice fern) recognized as a full species (Warnock the genus by its crenate leaf margins (CNDDB 2001).