51468 Federal Register / Vol. 76, No. 160 / Thursday, August 18, 2011 / Notices 

1BMW of North America, LLC is a U.S. company 

that manufactures and imports motor vehicles. 

2BMW AG, is a German company that 

manufactures motor vehicles. 

3BMW’s petition, which was filed under 49 CFR 

Part 556, requests an agency decision to exempt 

BMW as a vehicle manufacturer from the 

notification and recall responsibilities of 49 CFR 

Part 573 for 75 of the affected vehicles. However, 

the agency cannot relieve vehicle distributors and 

dealers of the prohibitions on the sale, offer for sale, 

introduction or delivery for introduction into 

interstate commerce of the noncompliant vehicles 

under their control after BMW notified them that 

the subject noncompliance existed. Those vehicles 

must be brought into conformance, exported, or 

destroyed. 

1200 New Jersey Avenue, SE., 

Washington, DC 20590. You may also 

send comments electronically via the 

Internet at http://www.regulations.gov. 

All comments will become part of this 

docket and will be available for 

inspection and copying at the above 

address between 10 a.m. and 5 p.m., 

E.T., Monday through Friday, except 

federal holidays. An electronic version 

of this document and all documents 

entered into this docket is available on 

the World Wide Web at http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Joann Spittle, U.S. Department of 

Transportation, Maritime 

Administration, 1200 New Jersey 

Avenue, SE., Room W21–203, 

Washington, DC 20590. Telephone 202– 

366–5979, E-mail Joann.Spittle@dot.gov. 

SUPPLEMENTARY INFORMATION: As 

described by the applicant the intended 

service of the vessel LEONESSA is: 

Intended Commercial Use of Vessel: 

‘‘Limited sailing charters, 6 persons 

maximum.’’ 

Geographic Region: ‘‘California only.’’ 

Privacy Act 

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.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78). 

By Order of the Maritime Administrator. 

Dated: August 9, 2011. 

Christine Gurland, 

Secretary, Maritime Administration. 

[FR Doc. 2011–21125 Filed 8–17–11; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2011–0081; Notice 1] 

BMW of North America, LLC, a 

subsidiary of BMW AG, Receipt of 

Petition for Decision of 

Inconsequential Noncompliance 

AGENCY: National Highway Traffic 

Safety Administration, DOT. 

ACTION: Receipt of Petition for 

Inconsequential Noncompliance. 

SUMMARY: BMW of North America, 

LLC,1 a subsidiary of BMW AG.2

(collectively referred to as ‘‘BMW’’) has 

determined that certain model year 2011 

Mini Cooper Clubman and Mini Cooper 

S Clubman model passenger cars 

manufactured between February 8, 2011 

and May 11, 2011, do not fully comply 

with paragraph S5.2.1 of Federal Motor 

Vehicle Safety Standard (FMVSS) No. 

101, Controls and Displays and 

paragraphs S5.5.2 and S5.5.5 of FMVSS 

No. 135, Light Vehicle Brake Systems. 

BMW has filed an appropriate report 

pursuant to 49 CFR part 573, Defect and 

Noncompliance Responsibility and 

Reports (dated May 25, 2011). 

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. 

Affected are approximately 75 model 

year 2011 Mini Cooper Clubman and 

Mini Cooper S Clubman model 

passenger cars that were manufactured 

between February 8, 2011 and May 11, 

2011. 

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, 

these provisions only apply to the 75 3

model year 2011 Mini Cooper Clubman 

and Mini Cooper S Clubman model 

passenger cars that BMW no longer 

controlled at the time it determined that 

the noncompliance existed. 

Paragraph S5.2.1 of FMVSS No. 101 

requires in pertinent part: 

S5.2.1 Except for the Low Tire Pressure 

Telltale, each control, telltale and indicator 

that is listed in column 1 of Table 1 or Table 

2 must be identified by the symbol specified 

for it in column 2 or the word or abbreviation 

specified for it in column 3 of Table 1 or 

Table 2. If a symbol is used, each symbol 

provided pursuant to this paragraph must be 

substantially similar in form to the symbol as 

it appears in Table 1 or Table 2. If a symbol 

is used, each symbol provided pursuant to 

this paragraph must have the proportional 

dimensional characteristics of the symbol as 

it appears in Table 1 or Table 2. 

Paragraphs S5.5.2 and S5.5.5 of 

FMVSS No. 135 requires in pertinent 

part: 

S5.5.2. Function check. (a) All indicators 

shall be activated as a check function by 

either: (1) Automatic activation when the 

ignition (start) switch is turned to the ‘‘on’’ 

(‘‘run’’) position when the engine is not 

running, or when the ignition (‘‘start’’) switch 

is in a position between ‘‘on’’ (‘‘run’’) and 

‘‘start’’ that is designated by the manufacturer 

as a check position, or (2) A single manual 

action by the driver, such as momentary 

activation of a test button or switch mounted 

on the instrument panel in front of and in 

clear view of the driver, or, in the case of an 

indicator for application of the parking brake, 

by applying the parking brake when the 

ignition is in the ‘‘on’’ (‘‘run’’) position. (b) 

In the case of a vehicle that has an interlock 

device that prevents the engine from being 

started under one or more conditions, check 

functions meeting the requirements of 

S5.5.2(a) need not be operational under any 

condition in which the engine cannot be 

started. (c) The manufacturer shall explain 

the brake check function test procedure in 

the owner’s manual. 

S5.5.5. Labeling. (a) Each visual indicator 

shall display a word or words in accordance 

with the requirements of Standard No. 101 

(49 CFR 571.101) and this section, which 

shall be legible to the driver under all 

daytime and nighttime conditions when 

activated. Unless otherwise specified, the 

words shall have letters not less than 3.2 mm 

(1/8 inch) high and the letters and 

background shall be of contrasting colors, 

one of which is red. Words or symbols in 

addition to those required by Standard No. 

101 and this section may be provided for 

purposes of clarity. 

(b) Vehicles manufactured with a split 

service brake system may use a common 

brake warning indicator to indicate two or 

more of the functions described in S5.5.1(a) 

through S5.5.1(g). If a common indicator is 

used, it shall display the word ‘‘Brake.’’ 

BMW explained that the 

noncompliance is that the telltales used 

for Brake Warning, Park Brake Warning 

and Antilock Braking System (ABS) 

failure warnings are displayed using 

International Organization for 

Standardization (ISO) symbols instead 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 76, No. 160 / Thursday, August 18, 2011 / Notices 51469 

1The Board will grant a stay if an informed 

decision on environmental issues (whether raised 

by a party or by the Board’s Office of Environmental 

Analysis (OEA) in its independent investigation) 

cannot be made before the exemption’s effective 

date. See Exemption of Out-of-Serv. Rail Lines, 5 

I.C.C.2d 377 (1989). Any request for a stay should 

be filed as soon as possible so that the Board may 

Continued 

of the telltale symbols required by 

FMVSS Nos. 101 and 135. 

BMW stated its belief that although 

the instrument cluster telltale symbols 

are displayed using ISO symbols the 

noncompliance is inconsequential to 

motor vehicle safety for the following 

reasons: 

(1) If a problem is encountered in 

which a brake system warning or 

malfunction indicator symbol is 

displayed, it is believed that the driver 

will be able to understand the warning 

symbol and take any necessary actions 

required. 

(2) The instrument cluster is mounted 

behind the steering wheel in direct sight 

of the driver, making any warning 

symbol or indicator visible. 

(3) There is a ‘‘message center’’ within 

the tachometer which is also used to 

inform the driver that a problem exists 

and can be used to better clarify why the 

warning symbol is illuminated. 

(4) Due to similarities between the 

symbols required by FMVSS Nos. 101 

and 135 and ISO symbols, eventually 

the driver will come to associate the 

wheel depiction symbol with the brake 

system. 

(5) In such an event where the driver 

is unable to identify the warning symbol 

the driver would be able to consult the 

owner’s manual which depicts as well 

as explains each of the warning/ 

malfunction indicator symbols. 

(6) BMW has received no customer 

complaints regarding the issue of non 

compliant telltales. 

BMW also explains NHTSA has 

previously granted similar petitions. 

In summation, BMW believes that the 

described noncompliance of its vehicles 

is inconsequential to motor vehicle 

safety, and that its petition, to exempt 

it 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 should be granted. 

Comments: 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. 

Documents submitted to a docket may 

be viewed by anyone at the address and 

times given above. The documents may 

also be viewed on the Internet at 

http://www.regulations.gov by following 

the online instructions for accessing the 

dockets. DOT’s complete Privacy Act 

Statement is available for review in the 

Federal Register published on April 11, 

2000, (65 FR 19477–78). 

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. 

DATES: Comment closing date: 

September 19, 2011. 

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

delegations of authority at CFR 1.50 and 

501.8) 

Issued on: August 12, 2011. 

Claude H. Harris, 

Director, Office of Vehicle Safety Compliance. 

[FR Doc. 2011–21087 Filed 8–17–11; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. AB 55 (Sub-No. 708X)] 

CSX Transportation, Inc.— 

Abandonment Exemption—in Beaver 

County, PA 

CSX Transportation, Inc. (CSXT) has 

filed a verified notice of exemption 

under 49 CFR pt. 1152 subpart F— 

Exempt Abandonments to abandon an 

approximately 2.39-mile rail line on its 

Northern Region, Pittsburg Subdivision, 

between milepost PLK 0.0 and milepost 

PLK 2.39, in Koppel, Beaver County, Pa. 

The line traverses United States Postal 

Service Zip Code 16136 and includes no 

stations. 

CSXT has certified that: (1) No local 

traffic has moved over the line for at 

least 2 years; (2) no overhead traffic has 

operated on the line so none needs to 

be rerouted over other lines; (3) no 

formal complaint filed by a user of rail 

service on the line (or by a state or local 

government entity acting on behalf of 

such user) regarding cessation of service 

over the line either is pending with the 

Surface Transportation Board (Board) or 

with any U.S. District Court or has been 

decided in favor of complainant within 

the 2-year period; and (4) the 

requirements at 49 CFR 1105.7(c) 

(environmental report), 49 CFR 1105.11 

(transmittal letter), 49 CFR 1105.12 

(newspaper publication), and 49 CFR 

1152.50(d)(1) (notice to governmental 

agencies) have been met. 

As a condition to this exemption, any 

employee adversely affected by the 

abandonment shall be protected under 

Oregon Short Line Railroad— 

Abandonment Portion Goshen Branch 

Between Firth & Ammon, in Bingham & 

Bonneville Counties, Idaho, 360 I.C.C. 

91 (1979). To address whether this 

condition adequately protects affected 

employees, a petition for partial 

revocation under 49 U.S.C. 10502(d) 

must be filed. 

Provided no formal expression of 

intent to file an offer of financial 

assistance (OFA) has been received, this 

exemption will be effective on 

September 17, 2011, unless stayed 

pending reconsideration. Petitions to 

stay that do not involve environmental 

issues,1 formal expressions of intent to 

mstockstill on DSK4VPTVN1PROD with NOTICES