[Federal Register Volume 68, Number 145 (Tuesday, July 29, 2003)]
[Rules and Regulations]
[Pages 44468-44473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19261]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Parts 571 and 587

[Docket No. NHTSA-03-15742]
RIN 2127-AI05


Federal Motor Vehicle Safety Standards; Side Impact Protection; 
Fuel System Integrity

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation.

ACTION: Final rule.

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SUMMARY: Pursuant to the agency's grant of a petition for rulemaking 
from Mr. James E. Stocke, NHTSA updates the Federal motor vehicle 
safety standards on side impact protection and fuel system integrity by 
providing that radial tires of certain specifications, instead of bias 
ply tires, be used on the moving barriers specified in these standards. 
In conjunction with that update, NHTSA also deletes certain outdated or 
inaccurate specifications for the moving barriers in the fuel system 
integrity standard.

DATES: This final rule is effective September 29, 2003. If you wish to 
submit a petition for reconsideration of this rule, your petition must 
be received by September 12, 2003.

ADDRESSES: Petitions for reconsideration should refer to the docket 
number and be submitted to: Administrator, Room 5220, National Highway 
Traffic Safety Administration, 400 Seventh Street, SW., Washington, DC 
20590.

FOR FURTHER INFORMATION CONTACT: For technical and policy issues: Dr. 
William Fan, Office of Crashworthiness Standards, NVS-112, National 
Highway Traffic Safety Administration, 400 Seventh Street, SW., 
Washington, DC 20590. Telephone: (202) 366-4922. Fax: (202) 366-4329.
    For legal issues: Nancy Bell, Attorney Advisor, Office of the Chief 
Counsel, NCC-112, National Highway Traffic Safety Administration, 400 
Seventh Street, SW., Washington, DC 20590. Telephone: (202) 366-2992. 
Fax: (202) 366-3820.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. Summary of the Notice of Proposed Rulemaking (NPRM)
III. Summary of Comments on the NPRM
IV. Agency Decision Regarding the Final Rule
V. Rulemaking Analyses and Notices
VI. Regulatory Text

I. Background

    On February 3, 2000, Mr. James E. Stocke, a retired automotive 
safety engineer, submitted a petition for rulemaking requesting that 
NHTSA amend Federal Motor Vehicle Safety Standard (FMVSS) No. 301, Fuel 
System Integrity (49 CFR 571.301), to provide that the moving barrier 
assembly be equipped with P205/75R15 radial tires inflated to 207 kPa 
(30 psi), replacing the currently specified G78-15 bias ply tires 
inflated to 165 kPa (24 psi). Mr. Stocke stated that the bias tire size 
designation referenced in FMVSS No. 301 was outdated 15 years ago and 
that bias tires are no longer readily available because they have been 
replaced with radial tires. Mr. Stocke noted that the Society of 
Automotive Engineers, Inc. (SAE) J972 Recommended Practice ``Moving 
Rigid Barrier Collision Tests'' was revised (in August 1997) to specify 
both P205/75R15 radial tires and G78-15 bias ply tires for use on 
moving barriers. In a letter dated August 16, 2000, NHTSA granted Mr. 
Stocke's petition for rulemaking.
    FMVSS No. 214, Side impact protection (49 CFR 571.214), and FMVSS 
No. 301 specify impact tests using moving barriers. Paragraph S6.10 of 
FMVSS No. 214 contains specifications for a 1,367 kilogram

[[Page 44469]]

(3,000 pound) moving deformable barrier. FMVSS No. 301 contains 
specifications for two 1,814 kilogram (4,000 pound) moving rigid 
barriers: a moving flat rigid barrier (Paragraphs S7.2 and S7.3), and a 
moving contoured rigid barrier (Paragraph S7.5). Both FMVSS No. 301 
moving barriers are used to assess vehicle fuel system integrity. The 
FMVSS No. 301 moving flat rigid barrier is used for testing passenger 
cars, multipurpose passenger vehicles, trucks and buses with a gross 
vehicle weight rating (GVWR) of 4,536 kilograms (10,000 pounds) or 
less. The FMVSS No. 301 moving contoured rigid barrier is used for 
testing large school buses with a GVWR greater than 4,536 kilograms 
(10,000 pounds). The FMVSS No. 214 moving deformable barrier is used 
for side impact testing of passenger cars, and multipurpose passenger 
vehicles, trucks and buses with a GVWR of 2,722 kilograms (6,000 
pounds) or less. G78-15 bias ply tires are currently specified for the 
FMVSS No. 301 barriers.\1\
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    \1\ Paragraph S7.5.4 of FMVSS No. 301 specifies G78-15 bias ply 
tires for use on the moving contoured rigid barrier. The 
requirements for the FMVSS No. 301 moving flat rigid barrier do not 
specify bias ply tires, but, in practice, the moving flat rigid 
barrier utilizes the identical under-structure and G78-15 bias ply 
tires as the moving contoured rigid barrier.
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    The tire specifications for the FMVSS No. 214 moving barrier are 
not specified in FMVSS No. 214. Instead, S6.10 of FMVSS No. 214 
incorporates by reference the moving barrier specified in 49 CFR part 
587, subpart B, Side Impact Moving Deformable Barrier. The tire 
specifications for that barrier are contained in Drawing DSL-1278, 
Sheet 2 of 2, Item -11 and Note 8. Item -11 specifies ``Bias belted 
tire (BF Goodrich--G78-15 CLM).'' In October 1991, Note 8 was added to 
drawing DSL-1278 that states ``Bias belted tire, size P215/75B15, may 
be substituted for that specified in -11. Inflate to recommended 
pressure.''

II. Summary of the Notice of Proposed Rulemaking (NPRM)

    On October 10, 2001, the agency published a NPRM proposing 
amendments to FMVSS Nos. 214 and 301 to require radial tires of certain 
specifications and also proposing to delete certain outdated or 
inaccurate specifications for the moving barriers in FMVSS No. 301. (66 
FR 51629, Docket No. NHTSA-01-10435). In that notice, NHTSA discussed 
several considerations regarding Mr. Stocke's petition.
    First, the agency noted that with the increased use of the radial 
tire design over the past 30 years in the U.S., the bias ply tire 
design had become virtually obsolete. Consequently, bias ply tires were 
not currently or readily available to testing laboratories and would 
become even more difficult for the laboratories to obtain in the 
future. Also, the agency noted that the SAE J972 Recommended Practice 
``Moving Rigid Barrier Collision Tests'' now includes specifications 
for radial tires as well as for bias ply tires. Both P205/75R15 and 
P215/75R15 radial tires are readily available at present and are widely 
recommended for use by vehicle manufacturers on passenger cars, small 
passenger vans, and small sport utility vehicles.
    Another consideration discussed by the agency was the potential 
effect on ride height (the height of the center of gravity) and 
vertical motion (bounce) of a moving barrier if tires different from 
those currently specified in FMVSS Nos. 214 and 301 were used on those 
barriers. Bias ply tires and radial tires are different in design and 
construction; therefore, they exhibit different performance 
characteristics. The radial construction creates a tread that is 
stiffer and a sidewall that is more flexible than that of a bias ply 
tire. These factors would affect the performance of moving barriers.\2\
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    \2\ The moving barrier tests in FMVSS Nos. 214 and 301 specify a 
static barrier ride height, an important impact parameter 
measurement. Further, the Laboratory Test Procedure in FMVSS No. 214 
provides a guideline for barrier vertical displacement. Because a 
radial tire has a lower profile and a more flexible sidewall than a 
bias ply tire, the use of radial tires, rather than bias ply tires, 
on the moving barriers specified in FMVSS Nos. 214 and 301 could 
affect the barrier ride height (the center of gravity height and/or 
barrier contact height). Additionally, if an improper tire inflation 
pressure is used, it may affect the barrier's vertical motion as it 
is being towed during the test.
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    In addition to discussing considerations arising out of the 
petition, the agency summarized related barrier tire research conducted 
by Ford Motor Company (Ford) and the revised SAE J972 Recommended 
Practice. After careful review of the study and the SAE Recommend 
Practice, NHTSA tentatively concluded that the P215/75R15 radial tire 
inflated to 221 kPa (32 psi) would be an appropriate alternative to the 
G78-15 bias ply tire for use on the FMVSS No. 214 moving deformable 
barrier and that the P205/75R15 tires inflated to 207 kPa (30 psi) 
would be appropriate for use on both moving rigid barriers specified in 
FMVSS No. 301.
    As a result of these conclusions, NHTSA proposed specifying either 
P215/75R15 tires inflated to 221 kPa (32 psi) or P205/75R15 tires 
inflated to 207 kPa (30 psi) for use on FMVSS Nos. 214 and 301 moving 
barriers. NHTSA stated that it would pick one of these tires and 
specify it in the final rule for all moving barriers.
    The agency also indicated that prior to making a final decision, 
the agency would assess the extent to which the substitution of a tire 
may have unintended effects on either (1) the ride height, or (2) the 
impact performance of the FMVSS Nos. 214 and 301 moving barriers. For 
example, in attempting to find a set of appropriate radial tires (tire 
size and inflation pressure) for use on the FMVSS No. 214 barrier, 
NHTSA expressed concern that a set of four incorrectly inflated tires 
could result in excessive barrier vertical motion during the towing 
process, which could have made it difficult to stay within the 
+/-20 mm (0.8 inch) vertical displacement 
guideline.\3\ NHTSA solicited comments and laboratory test data 
concerning these matters.
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    \3\ To control the impact height in the impact test in FMVSS No. 
214, NHTSA's Office of Vehicle Safety Compliance specifies a 
vertical displacement guideline of +/-20 mm 
(0.8 inch) in its Laboratory Test Procedure. (This guideline only 
applies to NHTSA contractors conducting FMVSS No. 214 side impact 
compliance tests.)
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    In conjunction with the proposal, NHTSA proposed that the tread 
width specification be deleted from the tire specifications in FMVSS 
No. 301. The tread width specification for radial tires is unnecessary 
because the radial tire size designation is sufficient to define tread 
width.
    Finally, the agency proposed that the moment of inertia 
specifications for the moving contoured barrier be removed from FMVSS 
No. 301 because, based on the current measurements, excepting the 
moments of inertia, the FMVSS No. 301 moving contoured barrier could be 
constructed to the barrier specifications with the dimensional drawings 
and the specified center of gravity. In addition, there are no moments 
of inertia specified for the FMVSS No. 301 moving flat barrier.

III. Summary of Comments on the NPRM

    NHTSA received comments on the October 2001 NPRM from General 
Motors North America (GM), Ford Motor Company (Ford), and Volkswagen 
(VW). The comments are summarized below.
    All three commenters generally supported the amendments proposed in 
the NPRM.
    With regard to tire-type and inflation pressure, GM commented that 
either tire-type proposed by the agency would be appropriate for use on 
FMVSS Nos. 214 and 301 moving barriers and

[[Page 44470]]

suggested an inflation range between 179 kPa and 221 kPa (26 psi-32 
psi). Ford said that either proposed tire-type and respective inflation 
pressure would perform satisfactorily, but recommended that the P215/
75R15 tire, inflated to 221 kPa (32 psi), be adopted for use on all 
moving barriers specified in FMVSS Nos. 214 and 301. Both Ford and GM 
provided data supporting their conclusions. VW supported the use of the 
P205/75R15 tire inflated to 207 kPa (30 psi) on all moving barriers 
specified in FMVSS Nos. 214 and 301.
    With respect to the tread width specification, GM and Ford 
supported the agency's proposal to delete the outdated specification 
from FMVSS No. 301.
    GM and Ford both concurred with the agency's proposal to delete the 
inaccurate moment of inertia specified in FMVSS No. 301. GM, however, 
recommended that NHTSA request test laboratories to provide moments of 
inertia for their moving barriers for further examination. Ford 
recommended that NHTSA consider specifying the moments of inertia for 
the common carriage of moving barriers prescribed in FMVSS No. 301.
    Finally, GM recommended that NHTSA standardize the language of the 
moving barrier standards so that the text of FMVSS No. 301 would read 
similarly to that of S6.10 of FMVSS No. 214.

IV. Agency Decision Regarding the Final Rule

A. Tire-type and Inflation Range

    Based on test data presented by GM and Ford, tire inflation 
pressure, rather than tire-type, appears to be a more critical element 
for various test facilities conducting moving barrier tests. GM has 
conducted FMVSS No. 214 tests using P205/75R15 tires inflated to 193 
kPa (28 psi) with satisfactory results and at present is using 215/
75R15 tires inflated to 193 + - 14 kPa (28 + - 2 psi) in all of its 
FMVSS No. 301 moving barrier tests. Pursuant to its testing, Ford 
recommends P215/75R15 tires inflated to 221 kPa (32psi) for use on the 
FMVSS No. 214 moving barrier. However, Ford believes that either tire-
type would work well. Based on the comments and the data, NHTSA 
concludes that either tire-type, inflated to a pressure between 179 kPa 
and 221 kPa (26 psi-32 psi), would perform satisfactorily. Since either 
tire-type is reported to do well when properly inflated and since SAE 
J972 has already incorporated a specification for P205/75R15 radial 
tires inflated to 207 kPa (30 psi) for use on moving barriers, NHTSA 
adopts P205/75R15 tires inflated to between 179 kPa and 221 kPa (26 
psi-32 psi) for use on all moving barriers specified in FMVSS Nos. 214 
and 301.

B. Tread Width Specifications

    Commenters supported the agency's proposal to delete the tread 
width specification in FMVSS No. 301. Therefore, the agency adopts the 
proposal to delete the tread width specification from FMVSS No. 301.

C. Moments of Inertia

    Both GM and Ford concurred with the agency's proposal to delete the 
inaccurate moments of inertia for the moving contoured barrier from 
FMVSS No. 301. However, Ford recommended that NHTSA consider specifying 
moments of inertia for the common carriage of the moving barriers. GM 
recommended that NHTSA ask test laboratories to provide the moment of 
inertia of their moving barriers and that NHTSA consider these 
specifications, as appropriate, in a future rulemaking.
    In response to Ford's recommendation, NHTSA notes that the moments 
of inertia of the common carriage are only a part of, and do not have a 
critical effect on, the resultant moments of inertia of the moving flat 
and contoured barriers specified in FMVSS No. 301. Because the moment 
of inertia of a concentrated mass is the product of the mass and the 
square of the distance between the mass and the axis of rotation, the 
distance between a component mass and the center of gravity of the 
moving barrier is more important than the mass itself in determining 
the moments of inertia of the moving barrier. Because of this distance 
from the center of gravity of the moving barrier, components such as 
the contoured contact face of the barrier and the ballast weights would 
have a greater influence than the common carriage on the moments of 
inertia of the moving barrier. Therefore, the agency concludes that it 
is unnecessary to define the moments of inertia for the common 
carriage.
    In response to GM's suggestion that NHTSA request test laboratories 
to provide moment of inertia data for further rulemaking, NHTSA does 
not believe that re-defining the moment of inertia of the moving 
contoured barriers would affect testing results. The moments of inertia 
of the moving contoured barrier are a dynamic structural property of, 
rather than a primary design criterion for, the moving barrier. 
Therefore, the moving barrier structure, as constructed according to 
FMVSS No. 301 specifications, determines the moments of inertia. FMVSS 
No. 301 specifies the component cross-section, the structure dimension, 
the weight distribution, the ballast location, and the center of 
gravity for the moving contoured barrier. Based on these 
specifications, the construction of all moving barriers is very 
similar. Consequently, the moments of inertia of the moving contoured 
barrier would also be very similar. For this reason, the agency has 
decided not to pursue GM's recommendation.

D. Standardizing Language

    The agency believes that GM's suggestion to standardize the 
language in all moving barrier standards has merit. Because the agency 
has not considered the effects of standardizing this language, it will 
not adopt the suggestion in this final rule. The agency, however, will 
consider this suggestion in the course of future rulemakings concerning 
moving barriers.

V. Effective Date

    The bias ply tires currently specified in FMVSS No. 301 are not 
readily available to testing laboratories at present and will be even 
more difficult to obtain in the future. Vehicle manufacturers currently 
recommend both P205/75R15 and P215/75R15 radial tires proposed in the 
NPRM for use on passenger cars, multi-purpose passenger vehicles, and 
light trucks. The agency has noted that certain laboratories have 
adopted the aforesaid radial tires for use on moving barriers specified 
in FMVSS Nos. 214 and 301. In view of this, the agency has decided to 
make that final rule effective September 29, 2003.

VI. Rulemaking Analyses and Notices

Executive Order 12866 (Federal Regulation) and DOT Regulatory Policies 
and Procedures

    This final rule has not been reviewed under E.O. 12866. After 
considering the impacts of this rulemaking action, we have determined 
that the action is not significant within the meaning of the Department 
of Transportation regulatory policies and procedures. The intent of the 
rulemaking action is to update regulatory procedures that have been in 
effect for over 25 years. In most cases, the effect of the proposed 
amendments will be to relax or eliminate burdens on regulated entities. 
The tires specified in the proposed rule are more readily available 
than those currently specified. Further, they are already widely 
recommended by voluntary standards organizations for use by vehicle 
manufacturers for testing. Accordingly, there will be no increase in 
the cost of tires used for testing. Further, we do not

[[Page 44471]]

anticipate any impact on the ability to conduct valid tests or any 
other impact on the cost or ease of testing. Thus, the impacts are so 
minimal as not to warrant the preparation of a full regulatory 
evaluation.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), we have evaluated the effects of this rule on small entities. 
NHTSA certifies that this action would not have a significant economic 
impact on a substantial number of small entities. This action merely 
replaces an outdated tire specification for testing devices with an 
equivalent current tire specification.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501, 
et. seq.), Federal agencies must obtain approval from the Office of 
Management and Budget (OMB) for each collection of information they 
conduct, sponsor, or require through regulations. NHTSA has reviewed 
this final rule and determined that it does not contain collection of 
information requirements.

Unfunded Mandates Reform Act of 1995

    This rule will not impose a Federal mandate resulting in the 
expenditure by State, local, and tribal governments, in the aggregate, 
or by the private sector, of $100 million or more in any one year. (2 
U.S.C. 1531 et seq.).

Executive Order 12778 (Civil Justice Reform)

    This rule will not have any retroactive effect. Under section 49 
U.S.C. 30103, whenever a Federal motor vehicle safety standard is in 
effect, a state may not adopt or maintain a safety standard applicable 
to the same aspect of performance which is not identical to the Federal 
standard, except to the extent that the state requirement imposes a 
higher level of performance and applies only to vehicles procured for 
the State's use. 49 U.S.C. 30161 sets forth a procedure for judicial 
review of final rules establishing, amending or revoking Federal motor 
vehicle safety standards. That section does not require submission of a 
petition for reconsideration or other administrative proceedings before 
parties may file suit in court.

Executive Order 13045 (Protection of Children)

    We have analyzed this action under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and does not 
concern an environmental risk to health or safety that may 
disproportionately affect children.

National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology and Advancement Act of 
1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272) directs 
us to use voluntary consensus standards in our regulatory activities 
unless doing so would be inconsistent with applicable law or otherwise 
impractical. Voluntary consensus standards are technical standards 
(e.g., material specifications, test methods, sampling procedures, and 
business practices) that are developed or adopted by voluntary 
consensus standards bodies. The NTTAA directs us to provide 
explanations when we decide not to use available and applicable 
voluntary consensus standards. We note that the radial tire 
specifications contained in SAE J972 Recommended Practice ``Moving 
Rigid Barrier Collision Tests'' are a voluntary consensus standard and 
that we have incorporated them into FMVSS Nos. 214 and 301.

National Environmental Policy Act

    The agency has analyzed this action for the purposes of the 
National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 
et seq.) and has determined that this action will not have any effect 
on the quality of the environment.

Executive Order 13132 (Federalism)

    E.O. 13132 requires NHTSA to develop an accountable process to 
ensure ``meaningful and timely input by State and local officials in 
the development of regulatory policies that have federalism 
implications.'' E.O. 13132 defines the term ``Policies that have 
federalism implications'' to include regulations that have 
``substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government.'' Under 
E.O. 13132, NHTSA may not issue a regulation that has federalism 
implication, that imposes substantial direct compliance costs, and that 
is not required by statute, unless the Federal government provides the 
funds necessary to pay the direct compliance costs incurred by State 
and local governments, or NHTSA consults with State and local officials 
early in the process of developing the proposed regulation.
    The rule will not have substantial direct effects on the States, on 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government as specified in E.O. 13132. Thus, the requirements of 
section 6 of the Executive Order do not apply to this rule.

VII. Regulatory Text

List of Subjects

49 CFR Part 571

    Imports, Motor vehicle safety, Motor vehicles, Rubber and rubber 
products, and Tires.

49 CFR Part 587

    Incorporation by reference, Motor vehicle safety.


0
In consideration of the foregoing, 49 CFR parts 571 and 587 are amended 
as follows:

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

0
1. The authority citation for part 571 continues to read as follows:

    Authority: 49 U.S.C. 322, 30111, 30115, 30166 and 30177; 
delegation of authority at 49 CFR 1.50.

0
2. Section 571.301 is amended by revising S7.5.2, S7.5.4 and S7.5.5; by 
removing S7.5.6; and by adding S7.6 to read as follows:


Sec.  571.301  Standard No. 301, Fuel system integrity.

* * * * *
    S7.5.2 The moving contoured barrier, including the impact surface, 
supporting structure, and carriage, has a mass of 1,814 kg +/- 23 kg 
with the mass distributed so that 408 kg +/- 11 kg is at each rear 
wheel and 499 kg +/- 11 kg is at each front wheel. The center of 
gravity is located 1,372 mm +/- 38 mm rearward of the front wheel axis, 
in the vertical longitudinal plane of symmetry, 401 mm +/-13 mm above 
the ground.
* * * * *
    S7.5.4 The concrete surface upon which the vehicle is tested is 
level, rigid, and of uniform construction, with a skid number of 75 
when measured in accordance with American Society of Testing and 
Materials Method E: 274-65T at 64 km/h, omitting water delivery as 
specified in paragraph 7.1 of that method.
    S7.5.5 The barrier assembly is released from the guidance mechanism 
immediately prior to impact with the vehicle.
    S7.6 The moving barrier assemblies specified in S7.2, S7.3 and S7.5 
are

[[Page 44472]]

equipped with P205/75R15 pneumatic tires inflated to 200 kPa +/-21 kPa.
* * * * *

0
3. Figure 2 at the end of section 571.301 is revised to read as 
follows:
BILLING CODE 4910-59-P
[GRAPHIC] [TIFF OMITTED] TR29JY03.002

PART 587--DEFORMABLE BARRIERS

0
4. The authority citation for part 587 continues to read as follows:

    Authority: 49 U.S.C. 322, 30111, 30115, 30117, 30166 and 30177; 
delegation of authority at 49 CFR 1.50.


0
5. Section 587.6 is amended by revising paragraph (b)(1) to read as 
follows:


Sec.  587.6  General description.

* * * * *
    (b) * * *
    (1) The specifications for the final assembly of the moving 
deformable

[[Page 44473]]

barrier are provided in the drawings shown in DSL-1278, dated June 
2002.
* * * * *

    Issued on: July 23, 2003.
Jeffrey W. Runge,
Administrator.
[FR Doc. 03-19261 Filed 7-28-03; 8:45 am]
BILLING CODE 4910-59-C