BMW of North America, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance, 58048-58049 [E6-16200]

Download as PDF 58048 Federal Register / Vol. 71, No. 190 / Monday, October 2, 2006 / Notices Preservation Act of 1966, as amended [16 U.S.C. 470(aa) 11]; Archeological Resources Protection Act of 1977 [16 U.S.C. 470(aa)–11]; Archeological and Historic Preservation Act [16 U.S.C. 469–469(c)]; Native American Grave Protection and Repatriation Act (NAGPRA) [25 U.S.C. 3001–3013]. 5. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 2000(d)–2000(d) (1)]; American Indian Religious Freedom Act [42 U.S.C. 1996]; Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201–4209]; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 6. Hazardous Materials: Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9601–9675; Superfund Amendments and Reauthorization Act of 1986 (SARA); Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901–6992(k). 7. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 Floodplain Management; E.O. 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations; E.O. 11593 Protection and Enhancement of Cultural Resources; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America; E.O. 13175 Consultation and Coordination with Indian Tribal Governments; E.O. 11514 Protection and Enhancement of Environmental Quality; E.O. 13112 Invasive Species. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to his program.) Authority: 23 U.S.C. I39(1)(1) Issued on: September 26, 2006. Maiser Khaled, Director, Project Development & Environment, Sacramento, California. [FR Doc. E6–16205 Filed 9–29–06; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2006–25903; Notice 1] BMW of North America, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance BMW of North America, LLC (BMW) has determined that certain vehicles that it produced in 2005 and 2006 do not comply with S4.5.1(b)(3) and S4.5.1(e)(3) of 49 CFR 571.208, Federal Motor Vehicle Safety Standard (FMVSS) No. 208, ‘‘Occupant crash protection.’’ BMW has filed an appropriate report pursuant to 49 CFR part 573, ‘‘Defect and Noncompliance Reports.’’ Pursuant to 49 U.S.C. 30118(d) and 30120(h), 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 a total of approximately 27,975 model year 2006 BMW X5 vehicles produced between September 1, 2005 and June 28, 2006. The affected vehicles were produced according to FMVSS No. 208 S14, the advanced air bag requirements including air bag suppression and telltale. However, the affected vehicles were not equipped with the corresponding warning labels, specifically the FMVSS No. 208 S4.5.1(b)(3) sun visor label identified in Figure 11, and the S4.5.1(e)(3) removable label on dash identified in Figure 12. Instead, the affected vehicles were equipped with the ‘‘pre-advanced’’ air bag warning labels, specifically the FMVSS No. 208 S4.5.1(b)(1) sun visor label identified in Figure 6a, and the S4.5.1(e)(1) removable label on dash identified in Figure 7. This is shown as follows: SUN VISOR LABEL Required label: S4.5.1(b)(3) Figure 11 Noncompliant label: S4.5.1(b)(1) fig. 6a WARNING EVEN WITH ADVANCED AIR BAGS ................................... Children can be killed or seriously injured by the air bag ....................... The back seat is the safest place for children ......................................... Never put a rear-facing child seat in front ............................................... Always use seat belts and child restraints ............................................... See owner’s manual for more information about air bags ....................... WARNING DEATH or SERIOUS INJURY can occur. Children 12 and under can be killed by the air bag. The BACK SEAT is the SAFEST place for children. NEVER put a rear-facing child seat in front. ALWAYS use SEAT BELTS and CHILD RESTRAINTS. Sit as far back as possible from the air bag. REMOVABLE LABEL ON DASH Required label: S4.5.1(e)(3) figure 12 Noncompliant label: S4.5.1(e)(2) figure 7 rmajette on PROD1PC67 with NOTICES1 This Vehicle is Equipped with Advanced Air Bags .................................. Even with Advanced Air Bags. Children can be killed or seriously injured by the air bag ....................... The back seat is the safest place for children ......................................... Never put a rear-facing child seat in the front. Always use seat belts and child restraints ............................................... See owner’s manual for more information about air bags. BMW has corrected the problem that caused these errors so that they will not be repeated in future production. BMW believes that the noncompliance is inconsequential to motor vehicle safety and that no corrective action is warranted. BMW VerDate Aug<31>2005 15:07 Sep 29, 2006 Jkt 211001 WARNING. Children Can be KILLED or INJURED by Passenger Air Bag. The back seat is the safest place for children 12 and under. Make sure all children use seat belts or child seats. states that the labels it actually used are ‘‘more stringent’’ and ‘‘more emphatic, which would lead a consumer to act in a more cautious manner, and not in a less safe manner.’’ BMW says, The difference in the warning message texts between the labels clearly indicates that PO 00000 Frm 00132 Fmt 4703 Sfmt 4703 the warning message on the affected vehicles’ labels is stricter when compared to the advanced air bag labels. Therefore, even though the labels are incorrect, they would not result in a decrease in the safety message. Rather, they provide an increased emphasis. E:\FR\FM\02OCN1.SGM 02OCN1 Federal Register / Vol. 71, No. 190 / Monday, October 2, 2006 / Notices Issued on: September 27, 2006. Daniel C. Smith, Associate Administrator for Enforcement. [FR Doc. E6–16200 Filed 9–29–06; 8:45 am] * * * [T]he Owners Manual of the affected vehicles contains a description of the advanced air bag system including a description of the passenger air bag system telltale lamp. Owners who consult the Owners Manual will be able to read a description of the advanced air bag system along with a description of the passenger air bag system telltale lamp. Therefore, owners will know from their Owners Manual that their vehicle is equipped with a FMVSS 208 advanced air bag system. rmajette on PROD1PC67 with NOTICES1 BMW further states that the vehicles are equipped with passenger air bag telltale lamps, and therefore the owners will know from these lamps that the vehicles are equipped with an advanced air bag system. BMW also says, DEPARTMENT OF THE TREASURY BMW states that it has no record that customers contacted the company with inquiries, complaints, or comments on the air bag warning labels. 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. Mail: Docket Management Facility, U.S. Department of Transportation, Nassif Building, Room PL–401, 400 Seventh Street, SW., Washington, DC, 20590–0001. Hand Delivery: Room PL–401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC. It is requested, but not required, that two copies of the comments be provided. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. except Federal Holidays. Comments may be submitted electronically by logging onto the Docket Management System Web site at https://dms.dot.gov. Click on ‘‘Help’’ to obtain instructions for filing the document electronically. Comments may be faxed to 1–202–493–2251, or may be submitted to the Federal eRulemaking Portal: go to https:// www.regulations.gov. Follow the online instructions for submitting comments. 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: November 1, 2006. SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104–13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 2063, U.S. Departing Alien Income Tax Statement. DATES: Written comments should be received on or before December 1, 2006 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn Kirkland, Internal Revenue Service, room 6516, 1111 Constitution Avenue, NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the form and instructions should be directed to Allan Hopkins at Internal Revenue Service, room 6516, 1111 Constitution Avenue, NW., Washington, DC 20224, or at (202) 622– 6665, or through the Internet at Allan.M.Hopkins@irs.gov. Authority: 49 U.S.C. 30118, 30120: delegations of authority at CFR 1.50 and 501.8. VerDate Aug<31>2005 15:07 Sep 29, 2006 Jkt 211001 BILLING CODE 4910–59–P Internal Revenue Service Proposed Collection; Comment Request for Form 2063 Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. AGENCY: SUPPLEMENTARY INFORMATION: Title: U.S. Departing Alien Income Tax Statement. OMB Number: 1545–0138. Form Number: 2063. Abstract: Form 2063 is used by a departing resident alien against whom a termination assessment has not been made, or a departing nonresident alien who has no taxable income from United States sources, to certify that they have satisfied all U.S. income tax obligations. The data is used by the IRS to certify that departing aliens have complied with U.S. income tax laws. Current Actions: There are no changes being made to the form at this time. Type of Review: Extension of a currently approved collection. PO 00000 Frm 00133 Fmt 4703 Sfmt 4703 58049 Affected Public: Individuals or households. Estimated Number of Responses: 20,540. Estimated Time per Response: 50 minutes. Estimated Total Annual Burden Hours: 17,049. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. Request for Comments: Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden of the collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information 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 information. Approved: September 21, 2006. Glenn Kirkland, IRS Reports Clearance Officer. [FR Doc. E6–16110 Filed 9–29–06; 8:45 am] BILLING CODE 4830–01–P DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request for ADA Accommodations Request Packet Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. AGENCY: SUMMARY: The Department of the Treasury, as part of its continuing effort E:\FR\FM\02OCN1.SGM 02OCN1

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[Federal Register Volume 71, Number 190 (Monday, October 2, 2006)]
[Notices]
[Pages 58048-58049]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-16200]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2006-25903; Notice 1]


BMW of North America, LLC, Receipt of Petition for Decision of 
Inconsequential Noncompliance

    BMW of North America, LLC (BMW) has determined that certain 
vehicles that it produced in 2005 and 2006 do not comply with 
S4.5.1(b)(3) and S4.5.1(e)(3) of 49 CFR 571.208, Federal Motor Vehicle 
Safety Standard (FMVSS) No. 208, ``Occupant crash protection.'' BMW has 
filed an appropriate report pursuant to 49 CFR part 573, ``Defect and 
Noncompliance Reports.''
    Pursuant to 49 U.S.C. 30118(d) and 30120(h), 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 a total of approximately 27,975 model year 2006 BMW X5 
vehicles produced between September 1, 2005 and June 28, 2006. The 
affected vehicles were produced according to FMVSS No. 208 S14, the 
advanced air bag requirements including air bag suppression and 
telltale. However, the affected vehicles were not equipped with the 
corresponding warning labels, specifically the FMVSS No. 208 
S4.5.1(b)(3) sun visor label identified in Figure 11, and the 
S4.5.1(e)(3) removable label on dash identified in Figure 12. Instead, 
the affected vehicles were equipped with the ``pre-advanced'' air bag 
warning labels, specifically the FMVSS No. 208 S4.5.1(b)(1) sun visor 
label identified in Figure 6a, and the S4.5.1(e)(1) removable label on 
dash identified in Figure 7. This is shown as follows:

                             Sun Visor Label
------------------------------------------------------------------------
                                               Noncompliant label:
 Required label: S4.5.1(b)(3) Figure 11        S4.5.1(b)(1) fig. 6a
------------------------------------------------------------------------
WARNING EVEN WITH ADVANCED AIR BAGS....  WARNING DEATH or SERIOUS INJURY
                                          can occur.
Children can be killed or seriously      Children 12 and under can be
 injured by the air bag.                  killed by the air bag.
The back seat is the safest place for    The BACK SEAT is the SAFEST
 children.                                place for children.
Never put a rear-facing child seat in    NEVER put a rear-facing child
 front.                                   seat in front.
Always use seat belts and child          ALWAYS use SEAT BELTS and CHILD
 restraints.                              RESTRAINTS.
See owner's manual for more information  Sit as far back as possible
 about air bags.                          from the air bag.
------------------------------------------------------------------------


                         Removable Label on Dash
------------------------------------------------------------------------
                                               Noncompliant label:
 Required label: S4.5.1(e)(3) figure 12       S4.5.1(e)(2) figure 7
------------------------------------------------------------------------
This Vehicle is Equipped with Advanced   WARNING.
 Air Bags.
Even with Advanced Air Bags............
Children can be killed or seriously      Children Can be KILLED or
 injured by the air bag.                  INJURED by Passenger Air Bag.
The back seat is the safest place for    The back seat is the safest
 children.                                place for children 12 and
                                          under.
Never put a rear-facing child seat in
 the front.
Always use seat belts and child          Make sure all children use seat
 restraints.                              belts or child seats.
See owner's manual for more information
 about air bags.
------------------------------------------------------------------------

BMW has corrected the problem that caused these errors so that they 
will not be repeated in future production.
    BMW believes that the noncompliance is inconsequential to motor 
vehicle safety and that no corrective action is warranted. BMW states 
that the labels it actually used are ``more stringent'' and ``more 
emphatic, which would lead a consumer to act in a more cautious manner, 
and not in a less safe manner.'' BMW says,

    The difference in the warning message texts between the labels 
clearly indicates that the warning message on the affected vehicles' 
labels is stricter when compared to the advanced air bag labels. 
Therefore, even though the labels are incorrect, they would not 
result in a decrease in the safety message. Rather, they provide an 
increased emphasis.


[[Page 58049]]


    BMW further states that the vehicles are equipped with passenger 
air bag telltale lamps, and therefore the owners will know from these 
lamps that the vehicles are equipped with an advanced air bag system.
    BMW also says,

    * * * [T]he Owners Manual of the affected vehicles contains a 
description of the advanced air bag system including a description 
of the passenger air bag system telltale lamp. Owners who consult 
the Owners Manual will be able to read a description of the advanced 
air bag system along with a description of the passenger air bag 
system telltale lamp. Therefore, owners will know from their Owners 
Manual that their vehicle is equipped with a FMVSS 208 advanced air 
bag system.

    BMW states that it has no record that customers contacted the 
company with inquiries, complaints, or comments on the air bag warning 
labels.
    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. Mail: Docket Management Facility, U.S. 
Department of Transportation, Nassif Building, Room PL-401, 400 Seventh 
Street, SW., Washington, DC, 20590-0001. Hand Delivery: Room PL-401 on 
the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC. It is requested, but not required, that two copies of 
the comments be provided. The Docket Section is open on weekdays from 
10 a.m. to 5 p.m. except Federal Holidays. Comments may be submitted 
electronically by logging onto the Docket Management System Web site at 
https://dms.dot.gov. Click on ``Help'' to obtain instructions for filing 
the document electronically. Comments may be faxed to 1-202-493-2251, 
or may be submitted to the Federal eRulemaking Portal: go to https://
www.regulations.gov. Follow the online instructions for submitting 
comments.
    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: November 1, 2006.

    Authority: 49 U.S.C. 30118, 30120: delegations of authority at 
CFR 1.50 and 501.8.

    Issued on: September 27, 2006.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. E6-16200 Filed 9-29-06; 8:45 am]
BILLING CODE 4910-59-P