Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices 80225 

name of the individual submitting the 

comment (or signing the document, if 

submitted on behalf of an association, 

business, labor union, etc.). Under 5 

U.S.C. 553(c), DOT solicits comments 

from the public to better inform its 

processes. DOT posts these comments, 

without edit, including any personal 

information the commenter provides, to 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

https://www.transportation.gov/privacy. 

See also https://www.regulations.gov/

privacyNotice for the privacy notice of 

regulations.gov. 

Issued in Washington, DC. 

John Karl Alexy, 

Associate Administrator for Railroad Safety, 

Chief Safety Officer. 

[FR Doc. 2020–27269 Filed 12–10–20; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2020–0090] 

Notice of Application for Approval of 

Discontinuance or Modification of a 

Railroad Signal System 

Under part 235 of title 49 Code of 

Federal Regulations (CFR) and 49 U.S.C. 

20502(a), this document provides the 

public notice that on November 19, 

2020, the National Railroad Passenger 

Corporation (Amtrak) petitioned the 

Federal Railroad Administration (FRA) 

seeking approval to discontinue or 

modify a signal system. FRA assigned 

the petition Docket Number FRA–2020– 

0090. 

Applicant: National Railroad Passenger 

Corporation, Nicholas J. Croce III, PE, 

Deputy Chief Engineer, C&S, 2995 

Market Street, Philadelphia, PA 

19104. 

Specifically, Amtrak requests 

permission to convert approximately 3 

miles of its cab signal and fixed 

automatic block signal system to a 

signal system having cab signals 

without fixed automatic block signals, 

operated under NORAC Rule 562, on 

Amtrak’s Mid-Atlantic Division, Main 

Line Philadelphia to Washington, 

Northeast Corridor, between Bush 

interlocking located at milepost (MP) 

71.6, in Perryman, Maryland, and Wood 

interlocking located at MP 75.3, in 

Edgewood, Maryland. Amtrak is the 

owner and operator of this line. 

Maryland Area Regional Commuter 

Train Service and Norfolk Southern 

Railway operate on portions of this line 

as tenants with trackage rights. Both 

have concurred with the application. 

The changes proposed are to remove 

the wayside signals on Tracks No. 2 and 

No. 3 at automatic block points 733 and 

744. Both locations will remain in 

service as a block point without wayside 

signals. 

The reason for removal of the signals 

is to eliminate maintenance and 

operation of unnecessary hardware and 

to reduce delays to trains caused by 

failures of the signals. 

A copy of the petition, as well as any 

written communications concerning the 

petition, is available for review online at 

www.regulations.gov. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings since 

the facts do not appear to warrant a 

hearing. If any interested parties desire 

an opportunity for oral comment and a 

public hearing, they should notify FRA, 

in writing, before the end of the 

comment period and specify the basis 

for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number and may be 

submitted by any of the following 

methods: 

• Website: http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation 

(DOT), 1200 New Jersey Ave. SE, W12– 

140, Washington, DC 20590. 

• Hand Delivery: 1200 New Jersey 

Ave. SE, Room W12–140, Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

Holidays. 

Communications received by January 

25, 2021 will be considered by FRA 

before final action is taken. Comments 

received after that date will be 

considered if practicable. Anyone can 

search the electronic form of any written 

communications and comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the document, if 

submitted on behalf of an association, 

business, labor union, etc.). Under 5 

U.S.C. 553(c), DOT solicits comments 

from the public to better inform its 

processes. DOT posts these comments, 

without edit, including any personal 

information the commenter provides, to 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

https://www.transportation.gov/privacy. 

See also https://www.regulations.gov/ 

privacyNotice for the privacy notice of 

regulations.gov. 

Issued in Washington, DC. 

John Karl Alexy, 

Associate Administrator for Railroad 

Safety,Chief Safety Officer. 

[FR Doc. 2020–27268 Filed 12–10–20; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2020–0091; Notice 1] 

Mercedes-Benz USA, LLC, Receipt of 

Petition for Decision of 

Inconsequential Noncompliance 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Receipt of petition. 

SUMMARY: Mercedes-Benz AG 

(‘‘MBAG’’) and Mercedes-Benz USA, 

LLC, (‘‘MBUSA’’) (collectively, 

‘‘Mercedes-Benz’’) have determined that 

certain model year (MY) 2019–2021 

Mercedes-Benz motor vehicles do not 

fully comply with Federal Motor 

Vehicle Safety Standard (FMVSS) No. 

135, Light Vehicle Brake Systems. 

Mercedes-Benz filed a noncompliance 

report dated August 14, 2020. MercedesBenz subsequently petitioned NHTSA 

on September 4, 2020, for a decision 

that the subject noncompliance is 

inconsequential as it relates to motor 

vehicle safety. This notice announces 

receipt of Mercedes-Benz’s petition. 

DATES: Send comments on or before 

January 11, 2021. 

ADDRESSES: Interested persons are 

invited to submit written data, views, 

and arguments on this petition. 

Comments must refer to the docket and 

notice number cited in the title of this 

notice and submitted by any of the 

following methods: 

• Mail: Send comments by mail 

addressed to the U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

• Hand Delivery: Deliver comments 

by hand to the 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 for Federal 

holidays. 

• Electronically: Submit comments 

electronically by logging onto the 


jbell on DSKJLSW7X2PROD with NOTICES
80226 Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices 

Federal Docket Management System 

(FDMS) website at https://

www.regulations.gov/. Follow the online 

instructions for submitting comments. 

• Comments may also be faxed to 

(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 comments you have 

submitted by mail were received, please 

enclose a stamped, self-addressed 

postcard with the comments. Note that 

all comments received will be posted 

without change to https://

www.regulations.gov, including any 

personal information provided. 

All comments and supporting 

materials received before the close of 

business on the closing date indicated 

above will be filed in the docket and 

will be considered. All comments and 

supporting materials received after the 

closing date will also be filed and will 

be considered to the fullest extent 

possible. 

When the petition is granted or 

denied, notice of the decision will also 

be published in the Federal Register 

pursuant to the authority indicated at 

the end of this notice. 

All comments, background 

documentation, and supporting 

materials submitted to the docket may 

be viewed by anyone at the address and 

times given above. The documents may 

also be viewed on the internet at https:// 

www.regulations.gov by following the 

online instructions for accessing the 

docket. The docket ID number for this 

petition is shown in the heading of this 

notice. 

DOT’s complete Privacy Act 

Statement is available for review in a 

Federal Register notice published on 

April 11, 2000 (65 FR 19477–78). 

SUPPLEMENTARY INFORMATION: I. 

Overview: Mercedes-Benz has 

determined that certain MY 2019–2021 

Mercedes-Benz A-Class, CLA-Class, 

GLA-Class, and GLB-Class motor 

vehicles do not fully comply with the 

requirements of paragraph S5.1.2 of 

FMVSS No. 135, Light Vehicle Brake 

Systems (49 CFR 571.135). MercedesBenz filed a noncompliance report 

dated August 14, 2020, pursuant to 49 

CFR part 573, Defect and 

Noncompliance Responsibility and 

Reports. Mercedes-Benz subsequently 

petitioned NHTSA on September 4, 

2020, for an exemption from the 

notification and remedy requirements of 

49 U.S.C. Chapter 301 on the basis that 

this noncompliance is inconsequential 

as it relates to motor vehicle safety, 

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

30120(h) and 49 CFR part 556, 

Exemption for Inconsequential Defect or 

Noncompliance. 

This notice of receipt of MercedesBenz’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. 

II. Vehicles Involved: Approximately 

56,223 of the following MY 2019–2021 

Mercedes-Benz A-Class, CLA-Class, 

GLA-Class, and GLB-Class motor 

vehicles, manufactured between 

October 8, 2018, and July 27, 2020, are 

potentially involved: 

• 2020 Mercedes-Benz A35 AMG 

• 2020 Mercedes-Benz CLA45 AMG 

• 2021 Mercedes-Benz GLA250 

• 2019–2020 Mercedes-Benz A220 

• 2020–2021 Mercedes-Benz CLA250 

• 2020 Mercedes-Benz CLA35 AMG 

• 2021 Mercedes-Benz GLA45 AMG 

• 2021 Mercedes-Benz GLA35 AMG 

• 2020 Mercedes-Benz GLB250 

III. Noncompliance: Mercedes-Benz 

explains that the noncompliance is that 

the subject vehicles are not equipped 

with an acoustic or optical device that 

warns the driver when the rear brake 

lining requires replacement, and 

therefore, does not meet the 

requirements specified in paragraph 

S5.1.2 of FMVSS No. 135. Specifically, 

the subject vehicles do not have an 

electrical sensor to measure the 

thickness of the rear brake pads. 

IV. Rule Requirements: Paragraph 

S5.1.2 of FMVSS No. 135 includes the 

requirements relevant to this petition. 

The wear condition of all service brakes 

shall be indicated by either acoustic or 

optical devices warning the driver at his 

or her driving position when lining 

replacement is necessary or by way of 

visually checking the degree of brake 

lining wear, from the outside or 

underside of the vehicle, utilizing only 

the tools or equipment normally 

supplied with the vehicle. The removal 

of wheels is permitted for this purpose. 

V. Summary of Mercedes-Benz’s 

Petition: The following views and 

arguments presented in this section, ‘‘V. 

Summary of Mercedes-Benz’s Petition’’, 

are the views and arguments provided 

by Mercedes-Benz. They have not been 

evaluated by the Agency and do not 

reflect the views of the Agency. 

Mercedes-Benz described the subject 

noncompliance and stated their belief 

that the noncompliance is 

inconsequential as it relates to motor 

vehicle safety. 

In support of its petition, MercedesBenz submitted the following reasoning: 

1. In the affected vehicles, the front service 

brakes use an electrical brake pad sensor to 

monitor the thickness of the front brake pads. 

Once the front brakes reach a thickness of 1⁄8

inch or 3 mm, a warning lamp will 

automatically display in the instrument 

cluster and will remain permanently 

illuminated until the vehicle is serviced. In 

addition, the message appears in the 

instrument cluster and communicates the 

brake pad wear status to the driver. 

2. The brake warning indicator and invehicle message will display at each ignition 

cycle until the brake pads are replaced. The 

warning lamp cannot be extinguished unless 

new brake pads are installed. While the 

driver could manually extinguish the 

warning message, it will automatically 

reappear at each ignition cycle. 

3. Depending on the vehicle platform, the 

brake force distribution is in a range of 

71.9%–75.5% (front)/28.1%–24.5% (rear). 

This means that between nearly 72% to more 

than 75% of the vehicle’s braking force is 

generated by the front brake pads. Because of 

the brake force distribution, the front brake 

pads will always initially wear out faster 

than the brake pads on the rear wheels. 

Indeed, the front brake pads will then 

continue to wear out at a faster pace than the 

rear brake pads, approximately 1 1⁄2 to 2 

times more frequently depending on the 

operator’s driving style. 

4. Once the front brake pads reach a 

thickness of approximately 3 mm, both the 

warning lamp and the warning message are 

automatically triggered, and the consumer is 

advised to visit the workshop to have the 

front brake pads replaced. Any time one set 

of brake pads is inspected at a MercedesBenz workshop, the standard work 

instructions direct the technician to also 

inspect and evaluate the status of all other 

sets of brake pads. (This inspection is carried 

out visually with the tire and wheel on the 

vehicle. In exceptional circumstances, the 

technician may need to remove the wheel to 

conduct the inspection and measurement. 

The technician does not use the gauge tool 

discussed in this petition in either scenario.) 

The workshop instructions provide that the 

technician is to assess the remaining braking 

distance for each axle based on the thickness 

of the brake pad that is most heavily worn. 

If the remaining thickness of the brake pads 

is not sufficient to make it to the next service 

interval, the customer will be advised to 

replace the brake pads. However, if the wear 

limit has already been reached, the 

technician will automatically replace the 

brake pads. Thus, at every Mercedes-Benz 

workshop visit, all four sets of brake pads 

will be inspected for wear. The customer will 

be advised of the remaining thickness and 

individual brake pads are replaced 

automatically if needed. Because the front 

brakes wear faster than the rear due to the 

brake force distribution, the vehicle’s rear 

brakes will be inspected by a trained 

professional technician a number of times 

before they ever need to be replaced. 

5. Even if the vehicle were taken to an 

independent repair facility that did not 

follow Mercedes-Benz’s comprehensive brake 


jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices 80227 

1Section 358 of the USA PATRIOT Act added 

language expanding the scope of the BSA to 

intelligence or counter-intelligence activities to 

protect against international terrorism. 

2Treasury Order 180–01 (re-affirmed Jan. 14, 

2020). 

3See 31 CFR 1010.715. 

4 Id. FinCEN’s administrative rulings are collected 

on the FinCEN website at the following address: 

Continued 

pad inspection protocols, there is not an 

increased safety risk due to the vehicle being 

operated with worn rear brake pads. In the 

worst case, if a vehicle with fully worn brake 

pads on the rear axle continued to operate, 

given the brake force distribution and the 

performance of the rear brakes, the vehicle 

would continue to meet the braking distance 

requirement of FMVSS No. 135. Furthermore, 

the brakes on the rear axle will continue to 

operate, even with completely worn rear 

brake pads, the driver will hear the 

unmistakable sound of metal being pressed 

against the brake discs. Moreover, the ABS 

and ESC functionality is not affected by worn 

rear brake pads and will continue to function 

normally, as needed. 

6. Mercedes-Benz is not aware of any 

reports or complaints about the issue from 

the field and it has corrected the condition 

in production. 

Mercedes-Benz concluded by 

expressing the belief that the subject 

noncompliance is inconsequential as it 

relates to motor vehicle safety, and that 

its petition to be exempted from 

providing notification of the 

noncompliance, as required by 49 

U.S.C. 30118, and a remedy for the 

noncompliance, as required by 49 

U.S.C. 30120, should be granted. 

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, 

purchasers, and dealers of a defect or 

noncompliance and to remedy the 

defect or noncompliance. Therefore, any 

decision on this petition only applies to 

the subject vehicles that Mercedes-Benz 

no longer controlled at the time it 

determined that the noncompliance 

existed. However, any decision on this 

petition does not relieve vehicle 

distributors and dealers of the 

prohibitions on the sale, offer for sale, 

or introduction or delivery for 

introduction into interstate commerce of 

the noncompliant vehicles under their 

control after Mercedes-Benz notified 

them that the subject noncompliance 

existed. 

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

delegations of authority at 49 CFR 1.95 

and 501.8) 

Otto G. Matheke III, 

Director, Office of Vehicle Safety Compliance. 

[FR Doc. 2020–27258 Filed 12–10–20; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF THE TREASURY 

Financial Crimes Enforcement Network 

Agency Information Collection 

Activities; Proposed Renewal; 

Comment Request; Renewal Without 

Change of Administrative Rulings 

Regulations 

AGENCY: Financial Crimes Enforcement 

Network, Treasury. 

ACTION: Notice and request for 

comments. 

SUMMARY: As part of its continuing effort 

to reduce paperwork and respondent 

burden, FinCEN invites comments on 

the proposed renewal, without change, 

of a currently approved information 

collection found in existing Bank 

Secrecy Act (BSA) regulations. 

Specifically, the regulations provide 

procedures for requestors to seek, and 

for FinCEN to issue, administrative 

rulings. This request for comments is 

made pursuant to the Paperwork 

Reduction Act of 1995. 

DATES: Written comments are welcome 

and must be received on or before 

February 9, 2021. 

ADDRESSES: Comments may be 

submitted by any of the following 

methods: 

• Federal E-rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Refer to Docket Number FINCEN–2020– 

0017 and the specific Office of 

Management and Budget (OMB) control 

number 1506–0050. 

• Mail: Policy Division, Financial 

Crimes Enforcement Network, P.O. Box 

39, Vienna, VA 22183. Refer to Docket 

Number FINCEN–2020–0017 and OMB 

control number 1506–0050. 

Please submit comments by one 

method only. Comments will also be 

incorporated into FinCEN’s review of 

existing regulations, as provided by 

Treasury’s 2011 Plan for Retrospective 

Analysis of Existing Rules. All 

comments submitted in response to this 

notice will become a matter of public 

record. Therefore, you should submit 

only information that you wish to make 

publicly available. 

FOR FURTHER INFORMATION CONTACT: The 

FinCEN Regulatory Support Section at 

1–800–767–2825 or electronically at 

frc@fincen.gov. 

SUPPLEMENTARY INFORMATION: 

I. Statutory and Regulatory Provisions 

The legislative framework generally 

referred to as the Bank Secrecy Act 

(BSA) consists of the Currency and 

Financial Transactions Reporting Act of 

1970, as amended by the Uniting and 

Strengthening America by Providing 

Appropriate Tools Required to Intercept 

and Obstruct Terrorism Act of 2001 

(USA PATRIOT Act) (Pub. L. 107–56) 

and other legislation. The BSA is 

codified at 12 U.S.C. 1829b, 12 U.S.C. 

1951–1959, 31 U.S.C. 5311–5314 and 

5316–5332, and notes thereto, with 

implementing regulations at 31 CFR 

Chapter X. 

The BSA authorizes the Secretary of 

the Treasury, inter alia, to require 

financial institutions to keep records 

and file reports that are determined to 

have a high degree of usefulness in 

criminal, tax, and regulatory matters, or 

in the conduct of intelligence or 

counter-intelligence activities to protect 

against international terrorism, and to 

implement anti-money laundering 

(AML) programs and compliance 

procedures.1 Regulations implementing 

the BSA appear at 31 CFR Chapter X. 

The authority of the Secretary to 

administer the BSA has been delegated 

to the Director of FinCEN.2

A FinCEN administrative ruling is a 

written ruling interpreting the 

relationship between the regulations 

implementing the BSA at 31 CFR 

Chapter X and each situation for which 

such a ruling has been requested in 

conformity with the regulatory 

requirements.3 The regulations 

implementing the procedures for 

requestors to submit, and for FinCEN to 

issue, administrative rulings appear in 

Part 1010, Subpart G—Administrative 

Rulings. Specifically, the regulations 

address the following: (a) How to submit 

a request for an administrative ruling 

(31 CFR 1010.711); (b) treatment of nonconforming requests (31 CFR 1010.712); 

(c) treatment of oral communications 

(31 CFR 1010.713); (d) withdrawal of 

administrative ruling requests (31 CFR 

1010.714); (e) issuance of administrative 

rulings (31 CFR 1010.715); (e) 

modification and rescission of 

administrative rulings (31 CFR 

1010.716); and (f) disclosure of 

administrative ruling (31 CFR 

1010.717). An administrative ruling has 

precedential value, and may be relied 

upon by others similarly situated, only 

if FinCEN makes them available to the 

public through publication on the 

FinCEN website or other appropriate 

forum.4


jbell on DSKJLSW7X2PROD with NOTICES