BMW of North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance |
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Topics: Mini Cooper
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Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
September 1, 2015
[Federal Register Volume 80, Number 169 (Tuesday, September 1, 2015)]
[Notices]
[Pages 52845-52846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21580]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2015-0053; Notice 1]
BMW of North America, Inc., Receipt of Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
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SUMMARY: BMW of North America, Inc. (BMW) has determined that certain
model year (MY) 2015 MINI Cooper, Cooper S hardtop 2 door, and Cooper S
hardtop 4 door passenger cars do not fully comply with paragraph
S4.2.3(a) of Federal Motor Vehicle Safety Standard (FMVSS) No. 226,
Ejection Mitigation. BMW has filed an appropriate report dated May 20,
2015, pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports.
DATES: The closing date for comments on the petition is October 1,
2015.
ADDRESSES: 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
submitted by any of the following methods:
Mail: Send comments 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.
Hand Deliver: Deliver comments by hand 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.
Electronically: Submit comments 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 (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 for comments indicated
above 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.
SUPPLEMENTARY INFORMATION:
I. Overview: 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.
II. Vehicles Involved: Affected are approximately 4,208 MY 2015
MINI Cooper, Cooper S hardtop 2 door, and Cooper S hardtop 4 door
passenger cars manufactured from February 25, 2015 to April 24, 2015.
III. Noncompliance: BMW explains that written information
describing the ejection mitigation countermeasure installed in the
vehicles was not provided to the vehicle consumers as required by
paragraph S4.2.3(a) of FMVSS No. 226.
IV. Rule Text: Paragraph S4.2.3 of FMVSS No. 226 requires in
pertinent part:
S4.2.3 Written information.
(a) Vehicles with an ejection mitigation countermeasure that
deploys in the event of a rollover must be described as such in the
vehicle's owner manual or in other written information provided by
the vehicle manufacturer to the consumer.
V. Summary of BMW's Position: BMW stated its belief that the
subject noncompliance in the affected vehicles is inconsequential to
motor vehicle safety. A summary of its reasoning is provided as
follows. Detailed explanations of its reasoning are included in its
petition:
1. The vehicles are equipped with a countermeasure that meets the
performance requirements of FMVSS No. 226.
2. The owner's manuals contain a description of the ejection
mitigation countermeasure in the context of side impact.
3. The owner's manuals contain precautions related to the [ejection
mitigation] system even though not required by FMVSS No. 226.
4. The [ejection mitigation] system uses the FMVSS No. 208 required
readiness indicator, as allowed by FMVSS No. 226.
5. BMW has not received any customer complaints due to this issue.
6. BMW is not aware of any accidents or injuries due to this issue.
7. NHTSA may have granted similar manufacturer petitions re owner's
manuals.
8. BMW has corrected the noncompliance so that all future
production vehicles will comply with FMVSS No. 226.
In summation, BMW believes that the described noncompliance of the
subject vehicles is inconsequential to motor vehicle safety, and that
its petition, to exempt BMW 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.
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, any decision on
this petition only applies to
[[Page 52846]]
the subject vehicles that BMW no longer controlled at the time it
determined that the noncompliance existed. However, any decision on
this petition does not relieve vehicle distributors and dealers of the
prohibitions on the sale, offer for sale, or introduction or delivery
for introduction into interstate commerce of the noncompliant vehicles
under their control after BMW notified them that the subject
noncompliance existed.
Authority: (49 U.S.C. 30118, 30120: delegations of authority at
49 CFR 1.95 and 501.8)
Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-21580 Filed 8-31-15; 8:45 am]
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