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Federal Register / Vol. 71, No.

250 / Friday, December 29, 2006 / Notices 78511

Electronic Comments For the Commission, by the Division of Contact Information: Records are kept
Market Regulation, pursuant to delegated of all proceedings and will be available
• Use the Commission’s Internet authority.55 for public inspection by appointment at
comment form (http://www.sec.gov/ Florence E. Harmon, the Panel office. Anyone requiring
rules/sro.shtml); or Deputy Secretary. information regarding the Panel should
• Send an e-mail to rule- [FR Doc. E6–22404 Filed 12–28–06; 8:45 am] contact the staff by:
comments@sec.gov. Please include File BILLING CODE 8011–01–P • Mail addressed to the Social
Number SR–Phlx–2006–34 on the Security Administration, Ticket to Work
subject line. and Work Incentives Advisory Panel
SOCIAL SECURITY ADMINISTRATION Staff, 400 Virginia Avenue, SW., Suite
Paper Comments 700, Washington, DC 20024. Telephone
[Document No. SSA–2006–0110] contact with Tinya White-Taylor at
• Send paper comments in triplicate (202) 358–6430.
to Nancy M. Morris, Secretary, The Ticket to Work and Work
• Fax at (202) 358–6440.
Securities and Exchange Commission, Incentives Advisory Panel Meeting • Email to TWWIIAPanel@ssa.gov.
Station Place, 100 F Street, NE., AGENCY: Social Security Administration • To register for the public comment
Washington, DC 20549–1090. (SSA). portion of the meeting please contact
All submissions should refer to File ACTION: Notice of teleconference. Tinya White-Taylor by calling (202)
Number SR–Phlx–2006–34. This file 358–6430 or by e-mail to tinya.white-
DATES: January 10, 2007—2 p.m. to 4 taylor@ssa.gov.
number should be included on the
subject line if e-mail is used. To help the p.m. Eastern Daylight Savings Time. Dated: December 18, 2006.
Commission process and review your Ticket to Work and Work Incentives Chris Silanskis,
comments more efficiently, please use Advisory Panel Conference Call. Call-in Designated Federal Officer.
only one method. The Commission will number: 1–888–790–4158. Pass code: [FR Doc. E6–22433 Filed 12–28–06; 8:45 am]
post all comments on the Commission’s PANEL TELECONFERENCE. Leader/ BILLING CODE 4191–02–P
Internet Web site (http://www.sec.gov/ Host: Berthy De la Rosa-Aponte.
rules/sro.shtml). Copies of the SUPPLEMENTARY INFORMATION: Type of
submission, all subsequent meeting: On January 10, 2007, the DEPARTMENT OF TRANSPORTATION
amendments, all written statements Ticket to Work and Work Incentives
with respect to the proposed rule Advisory Panel (the ‘‘Panel’’) will hold National Highway Traffic Safety
a teleconference. This teleconference Administration
change that are filed with the
meeting is open to the public.
Commission, and all written [Docket No. NHTSA 2006–25903; Notice 2]
Purpose: In accordance with section
communications relating to the 10(a)(2) of the Federal Advisory
proposed rule change between the BMW of North America, LLC, Grant of
Committee Act, the Social Security Petition for Decision of
Commission and any person, other than Administration (SSA) announces this
those that may be withheld from the Inconsequential Noncompliance
teleconference meeting of the Ticket to
public in accordance with the Work and Work Incentives Advisory BMW of North America, LLC (BMW)
provisions of 5 U.S.C. 552, will be Panel. Section 101(f) of Public Law 106– has determined that certain vehicles
available for inspection and copying in 170 establishes the Panel to advise the that it produced in 2005 and 2006 do
the Commission’s Public Reference President, the Congress, and the not comply with S4.5.1(b)(3) and
Room. Copies of such filing also will be Commissioner of SSA on issues related S4.5.1(e)(3) of 49 CFR 571.208, Federal
available for inspection and copying at to work incentive programs, planning, Motor Vehicle Safety Standard (FMVSS)
the principal office of Phlx. All and assistance for individuals with No. 208, ‘‘Occupant crash protection.’’
comments received will be posted disabilities as provided under section Pursuant to 49 U.S.C. 30118(d) and
without change; the Commission does 101(f)(2)(A) of the Act. The Panel is also 30120(h), BMW has petitioned for a
not edit personal identifying to advise the Commissioner on matters determination that this noncompliance
information from submissions. You specified in section 101(f)(2)(B) of that is inconsequential to motor vehicle
should submit only information that Act, including certain issues related to safety and has filed an appropriate
you wish to make available publicly. All the Ticket to Work and Self-Sufficiency report pursuant to 49 CFR Part 573,
submissions should refer to File Program established under section ‘‘Defect and Noncompliance Reports.’’
Number SR–Phlx–2006–34 and should 101(a). Notice of receipt of a petition was
be submitted on or before January 19, The interested public is invited to published, with a 30-day comment
2007. listen to the teleconference by calling period, on October 2, 2006, in the
the phone number listed above. Public Federal Register (71 FR 58048). NHTSA
V. Conclusion testimony will be taken from 3:30 p.m. received no comments.
until 4 p.m. Eastern Standard Time. You Affected are a total of approximately
It is therefore ordered, pursuant to must be registered to give public 27,975 model year 2006 BMW X5
Section 19(b)(2) of the Act,54 that the comment. Contact information is given vehicles produced between September
proposed rule change (SR–Phlx–2006– at the end of this notice. 1, 2005 and June 28, 2006. The affected
34), as modified by Amendments No. 1, Agenda: The full agenda for the vehicles were produced according to
2, and 3, be, and it hereby is, approved meeting will be posted on the Internet FMVSS No. 208 S14, the advanced air
on an accelerated basis. at http://www.ssa.gov/work/panel at bag requirements including air bag
pwalker on PROD1PC69 with NOTICES

least one week before the starting date suppression and telltale. However, the
or can be received, in advance, affected vehicles were not equipped
electronically or by fax upon request. with the corresponding warning labels,
specifically the FMVSS No. 208
54 15 U.S.C. 78s(b)(2). 55 17 CFR 200.30–3(a)(12). S4.5.1(b)(3) sun visor label identified in

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78512 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Notices

Figure 11, and the S4.5.1(e)(3) air bag warning labels, specifically the identified in Figure 7. This is shown as
removable label on dash identified in FMVSS No. 208 S4.5.1(b)(1) sun visor follows:
Figure 12. Instead, the affected vehicles label identified in Figure 6a, and the
were equipped with the ‘‘pre-advanced’’ S4.5.1(e)(1) removable label on dash

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 ................................. WARNING—DEATH or SERIOUS INJURY can occur.
Children can be killed or seriously injured by the air bag ....................... Children 12 and under can be killed by the air bag.
The back seat is the safest place for children ......................................... The BACK SEAT is the SAFEST place for children.
Never put a rear-facing child seat in front ............................................... NEVER put a rear-facing child seat in front.
Always use seat belts and child restraints ............................................... ALWAYS use SEAT BELTS and CHILD RESTRAINTS.
See owner’s manual for more information about air bags ....................... 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.


This Vehicle is Equipped with Advanced Air Bags .................................. WARNING.
Even with Advanced Air Bags.
Children can be killed or seriously injured by the air bag ....................... Children Can be KILLED or INJURED by Passenger Air Bag
The back seat is the safest place for children ......................................... The back seat is the safest place for children 12 and under.
Never put a rear-facing child seat in the front.
Always use seat belts and child restraints ............................................... Make sure all children use seat belts or child seats.
See owner’s manual for more information about air bags..

BMW has corrected the problem that NHTSA agrees with BMW that the (Authority: 49 U.S.C. 30118, 30120;
caused these errors so that they will not noncompliance is inconsequential to delegations of authority at CFR 1.50 and
be repeated in future production. motor vehicle safety. The noncompliant 501.8)
BMW believes that the labels lack a statement that the vehicle Issued on: December 26, 2006.
noncompliance is inconsequential to is equipped with advanced airbags. Daniel C. Smith,
motor vehicle safety and that no However, as BMW points out in its Associate Administrator for Enforcement.
corrective action is warranted. BMW petition, both the passenger air bag [FR Doc. E6–22429 Filed 12–28–06; 8:45 am]
states that the labels it actually used are telltale lamp and the owner’s manual BILLING CODE 4910–59–P
‘‘more stringent’’ and ‘‘more emphatic, indicate the presence of advanced
which would lead a consumer to act in airbags.
a more cautious manner, and not in a Except for indicating that the vehicle DEPARTMENT OF TRANSPORTATION
less safe manner.’’ BMW says, is equipped with advanced airbags, the
The difference in the warning message
noncompliant permanent sun visor label Surface Transportation Board
texts between the labels clearly indicates that contains virtually the same information
as required by S4.5.1(b)(3). Therefore, [STB Docket No. MC–F–21019]
the warning message on the affected vehicles’
labels is stricter when compared to the there is no degradation of safety
Fenway Partners Capital Fund III, L.P.,
advanced air bag labels. Therefore, even resulting from the sun visor label.
et al.-Control-Coach America
though the labels are incorrect, they would The noncompliant removable dash
not result in a decrease in the safety message. Holdings, Inc., et al.
label contains similar information to
Rather, they provide an increased emphasis. that required by S4.5.1(e)(3) other than AGENCY: Surface Transportation Board.
BMW further states that the vehicles the statement, ‘‘Never put a rear-facing ACTION:Notice Tentatively Approving
are equipped with passenger air bag child seat in the front.’’ However, this Finance Transaction.
telltale lamps, and therefore the owners label does state that ‘‘The back seat is
will know from these lamps that the the safest place for children 12 and SUMMARY: Fenway Partners Capital Fund
vehicles are equipped with an advanced under,’’ and this label is a removable III, L.P. (Fenway Partners), a noncarrier,
air bag system. label which most likely will not stay on and various subsidiary entities of
BMW also says, the vehicle once it is purchased. The Fenway Partners (collectively,
statement, ‘‘Never put a rear-facing applicants), have filed an application
* * * [T]he Owners Manual of the affected child seat in the front’’ is present on the under 49 U.S.C. 14303 to acquire
vehicles contains a description of the
advanced air bag system including a
permanent sun visor label, and thus is control of noncarrier Coach America
description of the passenger air bag system permanently visible to the vehicle user. Holdings, Inc. (Coach America), and 30
telltale lamp. Owners who consult the Therefore, NHTSA agrees with BMW Coach America-controlled motor
Owners Manual will be able to read a that this noncompliance will not result passenger carriers. Coach America
description of the advanced air bag system in decreased safety. currently controls through intermediate
along with a description of the passenger air In consideration of the foregoing, subsidiaries the following federally
bag system telltale lamp. Therefore, owners NHTSA has decided that the petitioner regulated motor carriers of passengers:
will know from their Owners Manual that has met its burden of persuasion that America Charters Ltd.; American Coach
their vehicle is equipped with a FMVSS 208 the noncompliance described is Lines of Atlanta, Inc.; American Coach
pwalker on PROD1PC69 with NOTICES

advanced air bag system.


inconsequential to motor vehicle safety. Lines of Jacksonville, Inc.; American
BMW states that it has no record that Accordingly, BMW’s petition is granted Coach Lines of Miami, Inc.; American
customers contacted the company with and the petitioner is exempted from the Coach Lines of Orlando, Inc.; CUSA
inquiries, complaints, or comments on obligation of providing notification of, LLC; CUSA ASL, LLC d/b/a Arrow Stage
the air bag warning labels. and a remedy for, the noncompliance. Lines; CUSA AT, LLC d/b/a Americoach

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