BMW of North America, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance, 12410-12412 [2011-5036]

Download as PDF srobinson on DSKHWCL6B1PROD with NOTICES 12410 Federal Register / Vol. 76, No. 44 / Monday, March 7, 2011 / Notices 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 VerDate Mar<15>2010 17:54 Mar 04, 2011 Jkt 223001 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 PO 00000 Frm 00096 Fmt 4703 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, 1 BMW of North America, LLC (BMW) is a vehicle manufacturer incorporated under the laws of the state of New Jersey. Sfmt 4703 E:\FR\FM\07MRN1.SGM 07MRN1 Federal Register / Vol. 76, No. 44 / Monday, March 7, 2011 / Notices srobinson on DSKHWCL6B1PROD with NOTICES 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 VerDate Mar<15>2010 17:54 Mar 04, 2011 Jkt 223001 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 2 Refer to the BMW petition for specific details on the availability of BMW Assist.TM PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 12411 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). E:\FR\FM\07MRN1.SGM 07MRN1 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-Group2E242-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 Alcohol and Tobacco Tax and Trade Bureau; Treasury. ACTION: Notice and request for comments. AGENCY: 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 srobinson on DSKHWCL6B1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:54 Mar 04, 2011 Jkt 223001 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. PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 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 E:\FR\FM\07MRN1.SGM 07MRN1

Agencies

[Federal Register Volume 76, Number 44 (Monday, March 7, 2011)]
[Notices]
[Pages 12410-12412]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5036]


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

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.
---------------------------------------------------------------------------

    \1\ BMW of North America, LLC (BMW) is a vehicle manufacturer 
incorporated under the laws of the state of New Jersey.
---------------------------------------------------------------------------

    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,

[[Page 12411]]

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\
---------------------------------------------------------------------------

    \2\ Refer to the BMW petition for specific details on the 
availability of BMW Assist.TM
---------------------------------------------------------------------------

    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, self-addressed 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).


[[Page 12412]]


    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