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Pallid Manzanita), a Plant from the Traditionally Been Among the Least They Are Interested in Joining This Effort

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Pallid Manzanita), a Plant from the Traditionally Been Among the Least They Are Interested in Joining This Effort Federal Register / Vol. 60, No. 148 / Wednesday, August 2, 1995 / Proposed Rules 39309 there were about 210 fatalities to concern, including joining in promoting area of highway safety or dealing with occupants of pickup cargo beds each the adoption and enforcement of State State and Federal government can get a year. The number of deaths each year laws restricting people from riding in bill introduced in the State legislature shows remarkably little variation, pickup cargo beds and joining in a and pass one of the two houses easily beginning with 213 fatalities in 1983 public education campaign on this on its first hearing, and move the and concluding with 211 fatalities in subject. Federal government to put together a 1993. While the total size of the problem Having this understanding with the coalition of parties to try to address the of injuries and fatalities to cargo bed pickup manufacturers was encouraging, issue on a National level. These occupants is small in the context of but NHTSA believed it needed to accomplishments can be traced to a overall traffic safety (about one-half of involve more potential partners in this single citizen working out of her house one percent of annual motor vehicle effort if it was to be successful. with no funding, no list of members for fatalities), the relative constancy of the Accordingly, the agency contacted the whom she purported to speakÐnothing number over this decade suggests that it National Automobile Dealers more than her dedication to this issue has not been much affected by the many Association to see if they would join in and her ability to present clear, safety improvements made to pickups the effort to address this problem. The reasonable, and articulate arguments for during that decade, nor has it been dealers' organization agreed. Also, the why some action was necessary. much affected by the changes in National PTA had written a letter to Issued on July 27, 1995. personal behavior by vehicle occupants NHTSA in support of Karen Slay's during that decade, such as significant petition. NHTSA contacted the National Barry Felrice, increases in safety belt use by occupants PTA to see if it would agree to Associate Administrator for Safety and significant decreases in drunk and participate in an information campaign Performance Standards. drugged driving. This suggests it may be on the hazards of riding in cargo beds, [FR Doc. 95±19024 Filed 8±1±95; 8:45 am] appropriate for NHTSA to try a new and the National PTA agreed to do so. BILLING CODE 4910±59±M approach specifically targeted to reduce NHTSA held a news conference on injuries and deaths to passengers in May 25, 1995 to announce this new cargo beds. NHTSA granted Ms. Slay's cooperative effort to reduce injuries and DEPARTMENT OF THE INTERIOR petition on January 25, 1995, to allow deaths in pickup truck cargo beds. This for a full and careful consideration of cooperative effort will rely on the slogan Fish and Wildlife Service the issues raised. ``Kids Aren't Cargo'' to raise the public's However, the grant of the petition did awareness about this safety risk. NHTSA 50 CFR Part 17 not mean the agency endorsed Ms. has followed this up by including some RIN 1018±AD35 Slay's suggested solution to the ``Kids Aren't Cargo'' materials in the problem. The fatality data show that Campaign Safe and Sober materials Endangered and Threatened Wildlife most of the fatalities in pickup cargo made available to all of the States and and Plants; Proposed Threatened beds are teenagers or young adults aged by contacting national organizations Status for Arctostaphylos Pallida 20±29. People in these age groups have other than the National PTA to see if (Pallid Manzanita), a Plant From the traditionally been among the least they are interested in joining this effort. Northern Diablo Range of California receptive to safety warnings on labels. Since manufacturers and others have AGENCY: Fish and Wildlife Service, This information raises doubts about the already voluntarily committed to join in Interior. effectiveness of a warning label as a a broad-based effort to reduce the solution to this problem. injuries and deaths to occupants of ACTION: Proposed rule. Given all of this information, NHSTA cargo beds, there is no reason to proceed SUMMARY: The Fish and Wildlife Service sought a creative alternative to address with consideration of a regulatory (Service) proposes to list Arctostaphylos this safety risk outside of the traditional requirement to achieve that same goal. pallida (pallid manzanita) as a regulatory process. NHTSA began by Accordingly, the rulemaking action threatened species, pursuant to the sending a letter to each of the pickup associated with the January 25, 1995 Endangered Species Act of 1973, as manufacturers asking for their reaction grant of Karen Slays's petition for amended (Act). This plant species is to Karen Slay's petition and her rulemaking is hereby terminated. found only in the northern Diablo Range suggested solution to the problem. This termination should not be of California in Alameda and Contra Although the manufacturers did not misinterpreted. If at some point in the Costa Counties. The species is agree with labeling their trucks, they did future it becomes clear that the ``Kids threatened by shading and competition agree with Ms. Slay that something Aren't Cargo'' campaign has not ought to be done. All of the pickup achieved its purpose, the agency will from native and non-native plants, fire manufacturers agreed to voluntarily evaluate all of its options to reduce suppression, habitat fragmentation, include clear language in each pickup injuries and deaths to occupants in hybridization, disease, herbicide owner's manual warning against riding cargo areas, including possible spraying, unauthorized tree cutting, in beds. Chrysler, Ford, and General regulatory requirements. At this time, inadequate regulatory mechanisms, and Motors, whose vehicles collectively however, the agency believes the ``Kids stochastic events by virtue of the small comprise more than 86 percent of Aren't Cargo'' campaign represents an isolated nature of the remaining annual pickup sales in the U.S., went a approach that is more likely to address populations. This proposal, if made step further. These three manufacturers effectively this safety risk than a final, would extend Federal protection agreed to provide a simple and uniform regulatory approach would be. and recovery provisions afforded by the warning about the hazards of riding in Therefore, rulemaking action on the Act for this species. cargo areas in the owner's manuals for Slay petition is terminated. DATES: Comments from all interested each of their vehicles starting no later The agency would like to close by parties must be received by October 9, than the 1997 model year. All of the expressing its appreciation to Ms. Slay 1995. Public hearing requests must be pickup manufacturers also committed to for her petition and her work in this received by September 25, 1995. join in a broad-based effort to raise the area. It is rare that an individual citizen ADDRESSES: Comments and materials public's awareness of this safety with no previous involvement in the concerning this proposal should be sent 39310 Federal Register / Vol. 60, No. 148 / Wednesday, August 2, 1995 / Proposed Rules to the Field Supervisor, U.S. Fish and Counties, California. Arctostaphylos Previous Federal Action Wildlife Service, 2800 Cottage Way, pallida is a member of the A. andersonii Federal government action on this Room E±1803, Sacramento, California complex, a group of Arctostaphylos species began as a result of section 12 95825±1846. Comments and materials species found in central coastal of the Endangered Species Act of 1973, received and information used to California. The species is considered by as amended (16 U.S.C. 1531 et seq.), support this proposal will be available some taxonomists to be A. andersonii which directed the Secretary of the for public inspection, by appointment, var. pallida Adams ex McMinn (Amme Smithsonian Institution to prepare a during normal business hours at the and Havlik 1987a); McMinn reduced the report on those plants considered to be above address. species to the varietal level in 1939. endangered, threatened, or extinct in the FOR FURTHER INFORMATION CONTACT: Dale However, Wells (1993) treats the species United States. This report, designated as Pierce, Assistant Field Supervisor, as A. pallida. House Document No. 94±51, was Arctostaphylos pallida is an upright, Sacramento Field Office (see ADDRESSES presented to Congress on January 9, non-burl-forming shrub in the heath section) (telephone 916/979±2710; 1975, and included Arctostaphylos family (Ericaceae). Arctostaphylos facsimile 916/979±2723). pallida (as Arctostaphylos andersonii pallida grows from 2 to 4 m (6.5 to 13.0 var. pallida) as endangered. The Service SUPPLEMENTARY INFORMATION: ft) high or more with rough, gray or published a notice in the July 1, 1975, Background reddish bark. The twigs are bristly. The ovate to triangular leaves are bristly, Federal Register (40 FR 27823) of its Arctostaphylos pallida (pallid strongly overlapping, and clasping; they acceptance of the report of the manzanita) is found only in the are 2.5 to 4.5 centimeters (cm) (1.0 to 1.8 Smithsonian Institution as a petition northern Diablo Range of California. The inches (in.)) long and 2 to 3 cm (0.8 to within the context of section 4(c)(2) Diablo Range is part of the inner South 1.2 in.) wide. The dense, white flowers (petition provisions are now found in Coast Range of California. The Diablo are urn-shaped and 6 to 7 millimeters section 4(b)(3) of the Act) and its Range extends in a northwest to (mm) (0.2 to 0.3 in.) long.
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