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

51470 Federal Register / Vol. 76, No. 160 / Thursday, August 18, 2011 / Notices 

take appropriate action before the exemption’s 

effective date. 

2Each OFA must be accompanied by the filing 

fee, which is currently set at $1,500. See 49 CFR 

1002.2(f)(25). 

3CSXT notes that it does not believe that the line 

is appropriate for other public purposes but may be 

subject to reversionary interests. 

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 

take appropriate action before the exemption’s 

effective date. 

2Each OFA must be accompanied by the filing 

fee, which is currently set at $1,500. See 49 CFR 

1002.2(f)(25). 

file an OFA under 49 CFR 

1152.27(c)(2),2 and trail use/rail banking 

requests under 49 CFR 1152.29 must be 

filed by August 29, 2011. Petitions to 

reopen or requests for public use 

conditions under 49 CFR 1152.28 must 

be filed by September 7, 2011,3 with the 

Surface Transportation Board, 395 E 

Street, SW., Washington, DC 20423– 

0001. 

A copy of any petition filed with the 

Board should be sent to CSXT’s 

representative: Louis E. Gitomer, Law 

Offices of Louis E. Gitomer, LLC, 600 

Baltimore Ave., Suite 301, Towson, MD 

21204. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. 

CSXT has filed environmental and 

historic reports that address the effects, 

if any, of the abandonment on the 

environment and historic resources. 

OEA will issue an environmental 

assessment (EA) by August 23, 2011. 

Interested persons may obtain a copy of 

the EA by writing to OEA (Room 1100, 

Surface Transportation Board, 

Washington, DC 20423–0001) or by 

calling OEA at (202) 245–0305. 

Assistance for the hearing impaired is 

available through the Federal 

Information Relay Service at 1–800– 

877–8339. Comments on environmental 

and historic preservation matters must 

be filed within 15 days after the EA 

becomes available to the public. 

Environmental, historic preservation, 

public use, or trail use/rail banking 

conditions will be imposed, where 

appropriate, in a subsequent decision. 

Pursuant to the provisions of 49 CFR 

1152.29(e)(2), CSXT shall file a notice of 

consummation with the Board to signify 

that it has exercised the authority 

granted and fully abandoned the line. If 

consummation has not been effected by 

CSXT’s filing of a notice of 

consummation by August 18, 2012, and 

there are no legal or regulatory barriers 

to consummation, the authority to 

abandon will automatically expire. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: August 12, 2011. 

By the Board. 

Rachel D. Campbell, 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. 2011–20986 Filed 8–17–11; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. AB 55 (Sub-No. 711X)] 

CSX Transportation, Inc.— 

Abandonment Exemption—In Oswego 

County, NY 

CSX Transportation, Inc. (CSXT) filed 

a verified notice of exemption under 49 

CFR pt. 1152 subpart F–Exempt 

Abandonments to abandon 2 formerly 

connected rail lines in CSXT’s Northern 

Region, Albany Division, Fulton 

Subdivision. The lines are described as 

follows: (1) 6,814 feet between milepost 

QMF 25.67, adjacent to County Road 57, 

and the end of the track between 

Ontario and Erie Streets; and (2) 5,938 

feet between milepost QMF 22.8 and the 

end of the track at Division Street, in 

Fulton, Oswego County, NY. The line 

traverses United States Postal Service 

Zip Code 13069. 

CSXT has certified that: (1) No local 

traffic has moved over the line for at 

least 2 years; (2) there is no overhead 

traffic on the line to be rerouted; (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 

file an OFA under 49 CFR 

1152.27(c)(2),2 and trail use/rail banking 

requests under 49 CFR 1152.29 must be 

filed by August 29, 2011. Petitions to 

reopen or requests for public use 

conditions under 49 CFR 1152.28 must 

be filed by September 7, 2011, with the 

Surface Transportation Board, 395 E 

Street, SW., Washington, DC 20423– 

0001. 

A copy of any petition filed with the 

Board should be sent to CSXT’s 

representative: Louis E. Gitomer, 600 

Baltimore Avenue, Suite 301, Towson, 

MD 21204. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. 

CSXT has filed environmental and 

historic reports, which address the 

effects, if any, of the abandonment on 

the environment and historic resources. 

OEA will issue an environmental 

assessment (EA) by August 23, 2011. 

Interested persons may obtain a copy of 

the EA by writing to OEA (Room 1100, 

Surface Transportation Board, 

Washington, DC 20423–0001) or by 

calling OEA, at (202) 245–0305. 

Assistance for the hearing impaired is 

available through the Federal 

Information Relay Service (FIRS) at 1– 

800–877–8339. Comments on 

environmental and historic preservation 

matters must be filed within 15 days 

after the EA becomes available to the 

public. 

Environmental, historic preservation, 

public use, or trail use/rail banking 

conditions will be imposed, where 

appropriate, in a subsequent decision. 

Pursuant to the provisions of 49 CFR 

1152.29(e)(2), CSXT shall file a notice of 

consummation with the Board to signify 

that it has exercised the authority 

granted and fully abandoned the line. If 

consummation has not been effected by 

CSXT’s filing of a notice of 

consummation by August 18, 2012, and 

there are no legal or regulatory barriers 

to consummation, the authority to 

abandon will automatically expire. 

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