BMW of North America, LLC, a Subsidiary of BMW AG, Receipt of Petition for Decision of Inconsequential Noncompliance |
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Topics: BMW X3
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Claude H. Harris
National Highway Traffic Safety Administration
October 16, 2012
[Federal Register Volume 77, Number 200 (Tuesday, October 16, 2012)]
[Notices]
[Pages 63415-63416]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25413]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2012-0074; 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.
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SUMMARY: BMW North America, LLC,\1\ a subsidiary of BMW AG.
(collectively referred to as BMW) \2\ has determined that certain model
year 2012 BMW X3 SAV multi-purpose passenger vehicles manufactured
between April 1, 2011 and March 14, 2012, do not fully comply with
paragraph S4.3.3 of 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 has filed an appropriate
report dated March 28, 2012, pursuant to 49 CFR part 573, Defect and
Noncompliance Responsibility and Reports.
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\1\ BMW North America, LLC, is a U.S. company that manufactures
and imports motor vehicles.
\2\ BMW AG, is a German company that manufactures motor
vehicles.
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Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule
at 49 CFR part 556), BMW submitted a petition 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.
Vehicles Involved: Affected are approximately 1,409 model year 2012
BMW X3 SAV multipurpose passenger vehicles manufactured between April
1, 2011 through March 14, 2012.
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 subject 1,409 \3\ vehicles that BMW no longer
controlled at the time it determined that the noncompliance existed.
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\3\ BMW'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 the 1,409 affected vehicles. However, a decision on this
petition will not 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.
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Noncompliance: BMW's explained that the noncompliance is that the
certification label required by 49 CFR part 567 does not list rim
information for the tires installed on the vehicles as original
equipment as required by paragraph S4.3.3 of FMVSS No. 110.
Rule Text: Paragraph S4.3.3 of FMVSS No. 110 requires in pertinent
part:
S4.3.3 Additional labeling information for vehicles other than
passenger cars. Each vehicle shall show the size designation and, if
applicable, the type designation of rims (not necessarily those on
the vehicle) appropriate for the tire appropriate for use on that
vehicle, including the tire installed as original equipment on the
certification label required by part 567.4 or part 567.5 of this
chapter. This information shall be in the English language, lettered
in block capitals and numerals not less than 2.4 millimeters high
and in the following format:
GVWR: 2,441 kilograms (5381 pounds).
GAWR: Front--1,299 kilograms (2,864 pounds) with P265/70R16 tires,
16 x 8.0 rims at 248 kPa (36 psi) cold single.
GAWR: Rear--1,299 kilograms (2,864 pounds) with P265/70R16 tires, 16
x 8.00 rims, at 248 kPa (36 psi) cold single.
Summary of BMW's Analysis and Arguments
BMW states that while the certification label required by 49 CFR
[[Page 63416]]
part 567 does not contain tire and rim information for tires and rims
that were installed as original equipment, the information pertains to
tires and rims that are appropriate for use on the vehicles. BMW also
argues that the noncompliance is inconsequential to motor vehicle
safety for the following reasons:
1. If a driver only checks the certification label (which indicates
either 17-inch tires or 18-inch tires) or if the driver checks the
certification label and the FMVSS No. 110 tire and loading information
Vehicle Placard (which shows the size of the tires originally installed
on the vehicle), and is unsure as to the proper inflation pressure and
the size of the tires installed on the vehicle, there are a number of
information sources and services available which can be used to inform
the driver of the correct tire size and tire pressure.
a. A driver could check the specific tires installed on the
vehicle. The information that is stamped onto the sidewall of those
tires corresponds to the information contained on the FMVSS No. 110
tire and loading information Vehicle Placard. A driver would be able to
determine that the tires installed on the vehicle correspond to the
tires indicated on the FMVSS 110 tire and loading information Vehicle
Placard. Therefore, a driver would be able to add the correct amount of
air pressure to the tires in order to achieve the proper inflation
level.
b. If the driver were to use the tire size shown on the
certification label in order to look up the associated tire pressure in
the owner's manual and then pressurize the tires to that pressure the
Tire Pressure Monitoring System would not need to initiate.
c. The driver will also be able to refer to the vehicle's Owner's
Manual which contains information pertaining to the various tire sizes
and tire pressures for the affected vehicles.
d. BMW also offers Roadside Assistance and BMW Assist (only
included with Premium Package and as a stand-alone option) which are
available 24 hours/day with representatives that are available to
provide drivers with all of the available tires sizes and
specifications for the affected vehicles.
BMW has received no customer complaints and are unaware of any
accidents or injuries regarding this noncompliance of the affected
vehicles.
BMW has additionally informed NHTSA that it has corrected future
production and that all other required markings are present and
correct.
BMW also explains that NHTSA has previously granted similar
petitions.
In summation, BMW believes that the described noncompliance of its
certification labels 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 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, 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.
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.
Comment Closing Date: November 15, 2012.
Authority: (49 U.S.C. 30118, 30120: delegations of authority at
CFR 1.95 and 501.8)
Issued on: October 4, 2012.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2012-25413 Filed 10-15-12; 8:45 am]
BILLING CODE 4910-59-P