12410 Federal Register / Vol. 76, No. 44 / Monday, March 7, 2011 / Notices 

1BMW of North America, LLC (BMW) is a vehicle 

manufacturer incorporated under the laws of the 

state of New Jersey. 

driving with their vision impairment, 

demonstrating the likelihood that they 

have adapted their driving skills to 

accommodate their condition. As the 

applicants’ ample driving histories with 

their vision deficiencies are good 

predictors of future performance, 

FMCSA concludes their ability to drive 

safely can be projected into the future. 

We believe that the applicants’ 

intrastate driving experience and history 

provide an adequate basis for predicting 

their ability to drive safely in interstate 

commerce. Intrastate driving, like 

interstate operations, involves 

substantial driving on highways on the 

interstate system and on other roads 

built to interstate standards. Moreover, 

driving in congested urban areas 

exposes the driver to more pedestrian 

and vehicular traffic than exists on 

interstate highways. Faster reaction to 

traffic and traffic signals is generally 

required because distances between 

them are more compact. These 

conditions tax visual capacity and 

driver response just as intensely as 

interstate driving conditions. The 

veteran drivers in this proceeding have 

operated CMVs safely under those 

conditions for at least 3 years, most for 

much longer. Their experience and 

driving records lead us to believe that 

each applicant is capable of operating in 

interstate commerce as safely as he/she 

has been performing in intrastate 

commerce. Consequently, FMCSA finds 

that exempting these applicants from 

the vision standard in 49 CFR 

391.41(b)(10) is likely to achieve a level 

of safety equal to that existing without 

the exemption. For this reason, the 

Agency is granting the exemptions for 

the 2-year period allowed by 49 U.S.C. 

31136(e) and 31315 to the 16 applicants 

listed in the notice of January 10, 2011 

(76 FR 1493). 

We recognize that the vision of an 

applicant may change and affect his/her 

ability to operate a CMV as safely as in 

the past. As a condition of the 

exemption, therefore, FMCSA will 

impose requirements on the 16 

individuals consistent with the 

grandfathering provisions applied to 

drivers who participated in the 

Agency’s vision waiver program. 

Those requirements are found at 49 

CFR 391.64(b) and include the 

following: (1) That each individual be 

physically examined every year (a) by 

an ophthalmologist or optometrist who 

attests that the vision in the better eye 

continues to meet the standard in 49 

CFR 391.41(b)(10), and (b) by a medical 

examiner who attests that the individual 

is otherwise physically qualified under 

49 CFR 391.41; (2) that each individual 

provide a copy of the ophthalmologist’s 

or optometrist’s report to the medical 

examiner at the time of the annual 

medical examination; and (3) that each 

individual provide a copy of the annual 

medical certification to the employer for 

retention in the driver’s qualification 

file, or keep a copy in his/her driver’s 

qualification file if he/she is selfemployed. The driver must also have a 

copy of the certification when driving, 

for presentation to a duly authorized 

Federal, State, or local enforcement 

official. 

Discussion of Comments 

FMCSA received one comment in this 

proceeding. The comment was 

considered and discussed below. 

Ms. Tanya Lyons of the Delaware 

DMV medical section was in favor of 

granting a Federal vision exemption to 

Thomas S. Roth, she indicated that he 

has had a clear safety driving record 

since he became a CDL license holder in 

the State of Delaware. 

Conclusion 

Based upon its evaluation of the 16 

exemption applications, FMCSA 

exempts Michael L. Ballantyne, Terry 

Brown, Delbert M. Carson, Wingson 

Chang, Richard C. Dickinson, Richard 

A. Guthrie, Kennth L. Handy, Thomas J. 

Ivins, Bryon K. Lavender, Victor M. 

McCants, William K. Otwell, Donald R. 

Pointer, Steve A. Reece, Thomas S. 

Roth, Mark A. Steckmyer, and James M. 

Tennyson from the vision requirement 

in 49 CFR 391.41(b)(10), subject to the 

requirements cited above (49 CFR 

391.64(b)). 

In accordance with 49 U.S.C. 31136(e) 

and 31315, each exemption will be valid 

for 2 years unless revoked earlier by 

FMCSA. The exemption will be revoked 

if: (1) The person fails to comply with 

the terms and conditions of the 

exemption; (2) the exemption has 

resulted in a lower level of safety than 

was maintained before it was granted; or 

(3) continuation of the exemption would 

not be consistent with the goals and 

objectives of 49 U.S.C. 31136 and 31315. 

If the exemption is still effective at the 

end of the 2-year period, the person may 

apply to FMCSA for a renewal under 

procedures in effect at that time. 

Issued on: February 25, 2011. 

Larry W. Minor, 

Associate Administrator, Office of Policy. 

[FR Doc. 2011–4941 Filed 3–4–11; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2010–0180; Notice 1] 

BMW of North America, LLC, Receipt 

of Petition for Decision of 

Inconsequential Noncompliance 

BMW of North America, LLC (BMW) 1

a subsidiary of BMW AG, Munich, 

Germany, has determined that certain 

BMW vehicles equipped with ‘‘run-flat’’ 

tires do not fully comply with 

paragraphs S4.3(c) and S4.3(d) of 49 

CFR 571.110, Federal Motor Vehicle 

Safety Standard (FMVSS) No. 110, Tire 

selection and rims and motor home/ 

recreation vehicle trailer load carrying 

capacity information for motor vehicles 

with a GVWR of 4,536 kilograms (10,000 

pounds) or less. BMW filed an 

appropriate report pursuant to 49 CFR 

Part 573, Defect and Noncompliance 

Responsibility and Reports dated 

November 2, 2010. 

Pursuant to 49 U.S.C. 30118(d) and 

30120(h) (see implementing rule at 49 

CFR part 556), BMW has petitioned for 

an exemption from the notification and 

remedy requirements of 49 U.S.C. 

Chapter 301 on the basis that this 

noncompliance is inconsequential to 

motor vehicle safety. 

This notice of receipt of BMW’s, 

petition is published under 49 U.S.C. 

30118 and 30120 and does not represent 

any agency decision or other exercise of 

judgment concerning the merits of the 

petition. 

BMW estimates that approximately 

54,200 vehicles equipped with ‘‘run flat’’ 

tires are affected. The affected vehicle 

models are certain: Model Year 2008– 

2011 BMW X5 SAV multipurpose 

passenger vehicles, manufactured from 

February 2, 2008 through October 26, 

2010; Model Year 2008–2011 BMW X6 

SAC multipurpose passenger vehicles, 

manufactured from September 19, 2008 

through October 26, 2010; and 2011 

BMW 5–Series, BMW 5–Series Gran 

Turismo, and BMW 7–Series passenger 

cars, manufactured from September 1, 

2010 through October 26, 2010. 

The National Highway Traffic Safety 

Administration (NHTSA) notes that the 

statutory provisions (49 U.S.C. 30118(d) 

and 30120(h)) that permit manufacturers 

to file petitions for a determination of 

inconsequentiality allow NHTSA to 

exempt manufacturers only from the 

duties found in sections 30118 and 

30120, respectively, to notify owners, 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 76, No. 44 / Monday, March 7, 2011 / Notices 12411 

2Refer to the BMW petition for specific details on 

the availability of BMW Assist.TM

purchasers, and dealers of a defect or 

noncompliance and to remedy the 

defect or noncompliance. Therefore, 

these provisions only apply to the 

vehicles that have already passed from 

the manufacturer to an owner, 

purchaser, or dealer. 

Paragraph S4.3 of FMVSS No. 110 

requires in pertinent part: 

S4.3 Placard. Each vehicle, except for a 

trailer or incomplete vehicle, shall show the 

information specified in S4.3 (a) through (g), 

and may show, at the manufacturer’s option, 

the information specified in S4.3 (h) and (i), 

on a placard permanently affixed to the 

driver’s side B-pillar. In each vehicle without 

a driver’s side B-pillar and with two doors on 

the driver’s side of the vehicle opening in 

opposite directions, the placard shall be 

affixed on the forward edge of the rear side 

door. If the above locations do not permit the 

affixing of a placard that is legible, visible 

and prominent, the placard shall be 

permanently affixed to the rear edge of the 

driver’s side door. If this location does not 

permit the affixing of a placard that is legible, 

visible and prominent, the placard shall be 

affixed to the inward facing surface of the 

vehicle next to the driver’s seating position. 

This information shall be in the English 

language and conform in color and format, 

not including the border surrounding the 

entire placard, as shown in the example set 

forth in Figure 1 in this standard. At the 

manufacturer’s option, the information 

specified in S4.3 (c), (d), and, as appropriate, 

(h) and (i) may be shown, alternatively to 

being shown on the placard, on a tire 

inflation pressure label which must conform 

in color and format, not including the border 

surrounding the entire label, as shown in the 

example set forth in Figure 2 in this standard. 

The label shall be permanently affixed and 

proximate to the placard required by this 

paragraph. The information specified in S4.3 

(e) shall be shown on both the vehicle 

placard and on the tire inflation pressure 

label (if such a label is affixed to provide the 

information specified in S4.3 (c), (d), and, as 

appropriate, (h) and (i)) may be shown in the 

format and color scheme set forth in Figures 

1 and 2. * * * 

(c) Vehicle manufacturer’s recommended 

cold tire inflation pressure for front, rear and 

spare tires, subject to the limitations of 

S4.3.4. For full size spare tires, the statement 

‘‘see above’’ may, at the manufacturer’s option 

replace manufacturer’s recommended cold 

tire inflation pressure. If no spare tire is 

provided, the word ‘‘none’’ must replace the 

manufacturer’s recommended cold tire 

inflation pressure* * * 

(d) Tire size designation, indicated by the 

headings ‘‘size’’ or ‘‘original tire size’’ or 

‘‘original size,’’ and ‘‘spare tire’’ or ‘‘spare,’’ for 

the tires installed at the time of the first 

purchase for purposes other than resale. For 

full size spare tires, the statement ‘‘see above’’ 

may, at the manufacturer’s option replace the 

tire size designation. If no spare tire is 

provided, the word ‘‘none’’ must replace the 

tire size designation;* * * 

BMW explains that the 

noncompliance is that the tire and 

loading information placards on the 

affected vehicles incorrectly include a 

recommended cold tire inflation 

pressure and size designation for a spare 

tire. Because the vehicles are equipped 

with ‘‘run-flat’’ tires and have no spare 

tire, the word ‘‘none,’’ as required by 

paragraphs S4.3(c) and S4.3(d) is 

required in place of the spare tire size 

and the associated recommended cold 

tire inflation pressure. 

BMW argues that this noncompliance 

is inconsequential to motor vehicle 

safety for the following reasons: 

1. Vehicle owners are informed via 

the vehicle Owner’s Manual that if 

‘‘RSC’’ is stamped on the sidewall of the 

tire, then the tire is a ‘‘run-flat’’ tire. 

2. BMW vehicle owners can contact 

BMW Roadside AssistanceTM

representatives by telephone 24 hours/ 

day. These representatives can provide 

vehicle owners, on a vehicle model and 

model year basis, with all available tire 

sizes and specifications for the tires 

originally mounted on their vehicle, 

including the installation of ‘‘run-flat’’ 

tires. 

3. For vehicles equipped with BMW 

Assist,TM passengers can contact BMW 

Roadside Assistance,TM representatives 

directly from within the vehicle.2

BMW reported that the 

noncompliance was brought to their 

attention during inspections of vehicles 

equipped with ‘‘run-flat’’ tires. On 

October 26, 2010, BMW realized that the 

affected vehicles do not conform to 

FMVSS No. 110. 

BMW has additionally informed 

NHTSA that it has corrected the 

noncompliance so that all future 

production vehicles will have compliant 

labels. 

In summation, BMW believes that the 

described noncompliance of its vehicles 

to meet the requirements of FMVSS No. 

110 is inconsequential to motor vehicle 

safety, and that its petition, to exempt 

from providing recall notification of 

noncompliance as required by 49 U.S.C. 

30118 and remedying the recall 

noncompliance as required by 49 U.S.C. 

30120, and should be granted. 

Interested persons are invited to 

submit written data, views, and 

arguments on this petition. Comments 

must refer to the docket and notice 

number cited at the beginning of this 

notice and be submitted by any of the 

following methods: 

a. By mail addressed to: U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590. 

b. By hand delivery to U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590. The Docket Section is open 

on weekdays from 10 a.m. to 5 p.m. 

except Federal Holidays. 

c. Electronically: By logging onto the 

Federal Docket Management System 

(FDMS) Web site at http:// 

www.regulations.gov/. Follow the online 

instructions for submitting comments. 

Comments may also be faxed to 1–202– 

493–2251. 

Comments must be written in the 

English language, and be no greater than 

15 pages in length, although there is no 

limit to the length of necessary 

attachments to the comments. If 

comments are submitted in hard copy 

form, please ensure that two copies are 

provided. If you wish to receive 

confirmation that your comments were 

received, please enclose a stamped, selfaddressed postcard with the comments. 

Note that all comments received will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 

Anyone is able to search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). DOT’s 

complete Privacy Act Statement is in 

the Federal Register published on April 

11, 2000 (65 FR 19477–78). 

You may view documents submitted 

to a docket at the address and times 

given above. You may also view the 

documents on the Internet at http:// 

www.regulations.gov by following the 

online instructions for accessing the 

dockets available at that Web site. 

The petition, supporting materials, 

and all comments received before the 

close of business on the closing date 

indicated below will be filed and will be 

considered. All comments and 

supporting materials received after the 

closing date will also be filed and will 

be considered to the extent possible. 

When the petition is granted or denied, 

notice of the decision will be published 

in the Federal Register pursuant to the 

authority indicated below. 

Comment closing date: April 6, 2011. 

Authority: (49 U.S.C. 30118, 30120: 

delegations of authority at CFR 1.50 and 

501.8). 


srobinson on DSKHWCL6B1PROD with NOTICES
12412 Federal Register / Vol. 76, No. 44 / Monday, March 7, 2011 / Notices 

Issued on: February 4, 2011. 

Claude H. Harris, 

Acting Associate Administrator for 

Enforcement. 

[FR Doc. 2011–5036 Filed 3–4–11; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

Release of Waybill Data 

The Surface Transportation Board has 

received a request from Davis LLP on 

behalf of Imperial Oil in connection 

with a regulatory proceeding regarding 

the shipment of petroleum diluents 

(Diluent) in the Enbridge Southern 

Lights Pipeline (ESL) pending before the 

National Energy Board of Canada, 

captioned NEB File OF-Tolls-Group2- 

E242-TFGen 01 01 (WB11–021), for 

permission to use certain data from the 

Board’s 2008 and 2009 Carload Waybill 

Samples. A copy of this request may be 

obtained from the Office of Economics. 

The waybill sample contains 

confidential railroad and shipper data; 

therefore, if any parties object to these 

requests, they should file their 

objections with the Director of the 

Board’s Office of Economics within 14 

calendar days of the date of this notice. 

The rules for release of waybill data are 

codified at 49 CFR 1244.9. 

Contact: Scott Decker, (202) 245– 

0330. 

Andrea Pope-Matheson, 

Clearance Clerk. 

[FR Doc. 2011–5015 Filed 3–4–11; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF THE TREASURY 

Alcohol and Tobacco Tax and Trade 

Bureau 

Proposed Information Collections; 

Comment Request 

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau; Treasury. 

ACTION: Notice and request for 

comments. 

SUMMARY: As part of our continuing 

effort to reduce paperwork and 

respondent burden, and as required by 

the Paperwork Reduction Act of 1995, 

we invite comments on the proposed or 

continuing information collections 

listed below in this notice. 

DATES: We must receive your written 

comments on or before May 6, 2011. 

ADDRESSES: You may send comments to 

Mary A. Wood, Alcohol and Tobacco 

Tax and Trade Bureau, at any of these 

addresses: 

• P.O. Box 14412, Washington, DC 

20044–4412; 

• 202–453–2686 (facsimile); or 

• formcomments@ttb.gov (e-mail). 

Please send separate comments for 

each specific information collection 

listed below. You must reference the 

information collection’s title, form or 

recordkeeping requirement number, and 

OMB number (if any) in your comment. 

If you submit your comment via 

facsimile, send no more than five 8.5 x 

11 inch pages in order to ensure 

electronic access to our equipment. 

FOR FURTHER INFORMATION CONTACT: To 

obtain additional information, copies of 

the information collection and its 

instructions, or copies of any comments 

received, contact Mary A. Wood, 

Alcohol and Tobacco Tax and Trade 

Bureau, P.O. Box 14412, Washington, 

DC 20044–4412; or telephone 202–453– 

2265. 

SUPPLEMENTARY INFORMATION: 

Request for Comments 

The Department of the Treasury and 

its Alcohol and Tobacco Tax and Trade 

Bureau (TTB), as part of their 

continuing effort to reduce paperwork 

and respondent burden, invite the 

general public and other Federal 

agencies to comment on the proposed or 

continuing information collections 

listed below in this notice, as required 

by the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.). 

Comments submitted in response to 

this notice will be included or 

summarized in our request for Office of 

Management and Budget (OMB) 

approval of the relevant information 

collection. All comments are part of the 

public record and subject to disclosure. 

Please not do include any confidential 

or inappropriate material in your 

comments. 

We invite comments on: (a) Whether 

this information collection is necessary 

for the proper performance of the 

agency’s functions, including whether 

the information has practical utility; (b) 

the accuracy of the agency’s estimate of 

the information collection’s burden; (c) 

ways to enhance the quality, utility, and 

clarity of the information collected; (d) 

ways to minimize the information 

collection’s burden on respondents, 

including through the use of automated 

collection techniques or other forms of 

information technology; and (e) 

estimates of capital or start-up costs and 

costs of operation, maintenance, and 

purchase of services to provide the 

requested information. 

Information Collections Open for 

Comment 

Currently, we are seeking comments 

on the following forms and 

recordkeeping requirements: 

Title: Drawback on Beer Exported. 

OMB Control Number: 1513–0017. 

TTB Form Number: 5130.6. 

Abstract: When taxpaid beer is 

removed from a brewery and ultimately 

exported, the brewer exporting the beer 

is eligible for a drawback (refund) of 

Federal excise taxes paid. By 

completing this form and submitting 

documentation of exportation, the 

brewer may receive a refund of those 

taxes. 

Current Actions: We are submitting 

this information collection for extension 

purposes only. The information 

collection, estimated number of 

respondents, and estimated total annual 

burden hours remain unchanged. 

Type of Review: Extension of a 

currently approved collection. 

Affected Public: Business or other forprofit. 

Estimated Number of Respondents: 

100. 

Estimated Total Annual Burden 

Hours: 5,000. 

Title: Application for a Basic Permit 

under the Federal Alcohol 

Administration Act. 

OMB Control Number: 1513–0018. 

TTB Form Number: 5100.24. 

Abstract: TTB F 5100.24 is completed 

by persons intending to engage in a 

business involving beverage Alcohol 

operations at distilled spirits plants, 

bonded wineries, or wholesaling/ 

importing business. The information 

allows TTB to identify the applicant and 

the location of the business, and to 

determine whether the applicant 

qualifies for a permit. 

Current Actions: We are submitting 

this information collection for extension 

purposes only. The information 

collection, estimated number of 

respondents, and estimated total annual 

burden hours remain unchanged. 

Type of Review: Extension of a 

currently approved collection. 

Affected Public: Business or other forprofit. 

Estimated Number of Respondents: 

1,600. 

Estimated Total Annual Burden 

Hours: 2,800. 

Title: Application for Amended Basic 

Permit under the Federal Alcohol 

Administration Act. 

OMB Number: 1513–0019. 

TTB Form Number: 5100.18. 

Abstract: TTB F 5100.18 is submitted 

by permittees who change their 

operations in a manner that requires 


srobinson on DSKHWCL6B1PROD with NOTICES