BMW of North America, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance |
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Topics: BMW 330i
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Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
11 April 2017
[Federal Register Volume 82, Number 68 (Tuesday, April 11, 2017)]
[Notices]
[Pages 17511-17514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07164]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2017-0012; Notice 1]
BMW of North America, LLC, 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, LLC (BMW), has determined that certain
model year (MY) 2017 BMW 330i and 330i xDrive motor vehicles do not
fully comply with 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 a noncompliance
report dated January 26, 2017. BMW also petitioned NHTSA on February
17, 2017, for a decision that the subject noncompliance is
inconsequential as it relates to motor vehicle safety.
DATES: The closing date for comments on the petition is May 11, 2017.
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 in the title 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 Delivery: 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 https://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
[[Page 17512]]
comments are submitted in hard copy form, please ensure that two copies
are provided. If you wish to receive confirmation that comments you
have submitted by mail were received, please enclose a stamped, self-
addressed postcard with the comments. Note that all comments received
will be posted without change to https://www.regulations.gov, including
any personal information provided.
All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the Internet at
https://www.regulations.gov by following the online instructions for
accessing the dockets. The docket ID number for this petition is shown
in the heading of this notice.
DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000, (65 FR 19477-78).
SUPPLEMENTARY INFORMATION:
I. Overview: BMW of North America, LLC (BMW), has determined that
certain model year (MY) 2017 BMW 330i and 330i xDrive motor vehicles do
not fully comply with paragraphs S4.3(c) and S4.3(d) 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 filed a noncompliance information report dated
January 26, 2017, pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports. BMW also petitioned NHTSA on February 17,
2017, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556,
for an exemption from the notification and remedy requirements of 49
U.S.C. Chapter 301 on the basis that this noncompliance is
inconsequential as it relates 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: Approximately 3,300 MY 2017 BMW 330i and
330i xDrive motor vehicles, manufactured between August 1, 2016, and
December 1, 2016, are potentially involved.
III. Noncompliance: BMW explains that the noncompliance is that the
tire information placard on the subject vehicles states that the
vehicles were equipped with 18-inch tires when in fact the subject
vehicles were actually equipped with 17-inch tires. The tire
information placard also states that the cold tire inflation pressure
for the rear tires is 240kPa/35psi when it should read 220kPa/32psi.
Thus, the subject vehicles do not fully comply with paragraphs S4.3(c)
and (d) of FMVSS No. 110.
IV. Rule Text: Paragraphs S4.3(c) and (d) of FMVSS No. 110 States
in pertinent:
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 . . .
(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,'' and ``spare tire'' or ``spare,'' for the
tires installed at the time of 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; . . .
V. Summary of BMW's Petition: BMW described the subject
noncompliance and stated its belief that the noncompliance is
inconsequential as it relates to motor vehicle safety.
In support of its petition, BMW submitted the following reasoning:
(a) Overview of Tire Information Placards for 17-inch Tires and 18-
inch Tires: Although affected vehicles were properly equipped with 17-
inch tires, the FMVSS No. 110 tire information placard states that the
vehicles were equipped with 18-inch tires. The placard includes the
manufacturer's recommended cold tire inflation pressure and tire size
designation for the 18-inch tires.
Additionally, affected vehicles were equipped with a tire
information placard intended for the BMW 320i model, although affected
vehicles are the BMW 330i and 330i xDrive models.
Notably, the tire information placard for the 18-inch rear tires
denotes a cold tire inflation pressure value of 35psi, whereas the
placard for the 17-inch rear tire denotes a cold tire inflation
pressure value of 32psi. This will not result in a vehicle overload
condition as explained in further detail below.
(b) Using Tire Information Placard to Set Tire Pressure: If a
vehicle operator uses the tire information placard to set the tire
pressures, the tire pressures will be set at 32psi and 35psi for the
front and for the rear tires, respectively. This will not lead to a
vehicle overload condition as explained below:
For the front tires, the tire information placard displays the
manufacturer's recommended cold tire inflation pressure value which is
identical to that which is required for the tires equipped on the
vehicles.
For the rear tires, the tire information placard displays the
manufacturer's recommended cold tire inflation pressure value, which is
larger than that which is required for the tires equipped on the
vehicle.
Therefore, a vehicle operator would not inflate the front and rear
tires to a tire pressure which is lower than that which is required. In
other petitions in which there exists the possibility to inflate tires
to a tire pressure value which is lower than the required value,
calculations can be performed to show that even in those cases, the
equipped tires at the lower tire pressure value still have sufficient
load carrying capacity, and therefore will not lead to a vehicle
overload condition. Such calculations can be performed using either
axle load limits, or using individual tire load limits.
However, for the vehicles that are the subject of this petition,
that possibility does not exist. The vehicle operator would not
underinflate the front tires or the rear tires; therefore, such
calculations are not necessary in this petition.
(c) Using Other Information Sources to Set Tire Pressure: If a
vehicle operator notices that the tires depicted on the tire
information placard do not correspond to the tires equipped on the
vehicle, there are a number of information sources and services
available, which can be used to identify the correct tire pressure and,
therefore, achieve the
[[Page 17513]]
proper inflation level for the tires equipped on the vehicle.
Sources That Point to the Vehicle Owner's Manual
--FMVSS No. 110 Section 4.3(f) requires that the tire information
placard contain the following statement: ``See Owner's Manual for
Additional Information''. Therefore, the tire information placard will
help point the vehicle operator to the Owner's Manual in order to
identify the correct tire inflation pressures for use on the vehicle.
--FMVSS No. 138 Section 4.5(a) requires that the Owner's Manual
contain the following text:
``Each tire, including the spare (if provided), should be checked
monthly when cold and inflated to the inflation pressure recommended by
the vehicle manufacturer on the vehicle placard or tire inflation
pressure label. (If your vehicle has tires of a different size than the
size indicated on the vehicle placard or tire inflation pressure label,
you should determine the proper tire inflation pressure for those
tires.)'' (Emphasis added.)
Vehicle Operators who attempt to check the vehicle's tire pressure
on a routine schedule (e.g., monthly, as noted above), or when
necessary, would be pointed to the Owner's Manual for additional
clarifying information. Therefore, after reviewing this information, it
is likely that they would inflate the tires to the recommended cold
tire inflation pressure. This is explained in further detail below.
A vehicle operator could check the specific tires installed on the
vehicle which, in this case, are 17-inch tires. The information that is
stamped onto the sidewall of the tires identifies the tire size.
Subsequent to checking and identifying the installed tires, the vehicle
operator could consult the vehicle Owner's Manual, or contact BMW
Roadside AssistanceTM, BMW AssistTM, or BMW
Customer Relations, for further information in order to set the correct
tire pressure. This is explained in further detail below.
Owner's Manual
The vehicle Owner's Manual contains information pertaining to the
various tire sizes and tire pressures available for use on the affected
vehicles.
Affected vehicles contain a tire information placard denoting 18-
inch tires having a front, and rear, tire pressure of 32psi and 35psi.
However, affected vehicles (BMW 330i, 330i xDrive) were equipped with
17-inch tires in which a front, and a rear, tire pressure should be
32psi. Therefore, a vehicle operator would be able to check the Owner's
manual, identify the correct tires equipped on the vehicle, and then
set the tire inflation pressures to the correct levels.
Additionally, affected vehicles are also equipped with and in-
vehicle electronic Owner's Manual accessed through the
iDriveTM controller containing the same information as in
the hardcopy Owner's Manual.
Furthermore, the electronic Owner's Manual also contains contact
information for BMW Roadside AssistanceTM, and if equipped
also BMW AssistTM, and BMW Customer Relations. Vehicle
operators can use these additional information sources and services to
identify the correct tires equipped on the vehicle, and then set the
tire inflation pressures to the correct levels.
BMW Roadside AssistanceTM
BMW Roadside AssistanceTM (available 24 hours/day)
representatives have information available indicating by vehicle model
and model year, all of the available tire sizes and specifications for
the affected vehicles. All affected vehicles contain a reference to,
and instructions for contacting, BMW Roadside AssistanceTM
in the vehicle Owner's Manual. Therefore, if contacted, BMW Roadside
AssistanceTM would be able to help the vehicle operator
determine the correct tire pressure for use on the vehicle.
Vehicle operators are able to contact BMW Roadside
AssistanceTM using the toll-free telephone number located:
--on the BMW Roadside AssistanceTM Card located in the
vehicle's portfolio
--on one, or more, BMW Roadside AssistanceTM specific Labels
in the vehicle
--within the vehicle's Quick Reference Guide
--within the vehicle's Service and Warranty Book.
Vehicle Operators are also able to contact BMW Roadside
AssistanceTM using the:
-- in-vehicle iDriveTM controller and menu option for BMW
Roadside AssistanceTM
--in-vehicle emergency call button on the overhead console
BMW AssistTM
BMW AssistTM (available 24 hours/day) representatives
have information available indicating by vehicle model and model year,
all of the available tire sizes and specifications for the affected
vehicles. All affected vehicles contain a reference to, and
instructions for contacting, BMW AssistTM in the vehicle
Owner's Manual. Therefore, if contacted, BMW AssistTM would
be able to help the vehicle operator determine the correct tire
pressures for use on the vehicle.
Vehicle Operators are able to contact BMW AssistTM by
using the:
--in-vehicle iDriveTM controller and menu option for BMW
AssistTM
--in-vehicle emergency call button on the overhead console
Vehicles with BMW AssistTM contain a BMW
AssistTM Book located in the vehicle's portfolio with
contact information for BMW AssistTM, BMW Roadside
AssistanceTM, and BMW Customer Relations.
BMW Customer Relations
If a vehicle operator contacts BMW Customer Relations, and provides
the Vehicle Identification Number, a Customer Relations Representative
will be able to inform the vehicle operator of the specific vehicle
configuration. Therefore, if contacted, BMW Customer Relations would be
able to help the vehicle operator determine the correct tire pressures
for use on the vehicle.
Vehicle Operators are able to contact BMW Customer Relations by:
--Using the toll free telephone number located in the vehicle Owner's
Manual and the Service and Warranty Book
--using the in-vehicle iDriveTM controller and menu option
for BMW Customer Relations
--contacting BMW AssistTM who can, if necessary, transfer
the vehicle operator to BMW Customer Relations
(d) Field Experience:
Owner Contacts to BMW Customer Relations
BMW Customer Relations has not received any contacts from vehicle
owners regarding this issue. Therefore, BMW is unaware that any vehicle
owner has encountered this issue.
Accidents/Injuries
BMW is unaware of any accidents or injuries that have occurred as a
result of this issue.
(e) Prior NHTSA Grants to Manufacturer Petitions: NHTSA has
previously granted petitions for inconsequential noncompliance
regarding FMVSS No. 110 involving vehicles whereby the tire information
placard contained tire size and tire pressure information which did not
match the tires equipped on the vehicle. In particular, it was shown
that although the tire information placard displayed the manufacturer's
recommended cold tire inflation pressure which was a smaller value than
that which was required for the tires equipped on the vehicle, the load
carrying capacity of the equipped tires, at this smaller tire pressure,
was still sufficient and would not lead to a vehicle overload
condition.
[[Page 17514]]
For the affected vehicles that are the subject of this petition,
the FMVSS No. 110 tire information placard displays the manufacturer's
recommended cold tire inflation pressure value for the front tires
which is identical to that which is required for the tires equipped on
the vehicle and, displays the manufacturer's recommended cold tire
inflation pressure value for the rear tires which is larger than the
value which is required for the tires equipped on the vehicle.
Consequently, there is no risk of an underinflated tire, the load
carrying capacity of the equipped tires is still sufficient and,
therefore, there is no risk of a vehicle overload condition.
Nevertheless, as a reference, and for comparison to this petition,
NHTSA has granted petitions from manufacturers in cases where the tire
information placard displayed a tire inflation pressure value which was
smaller than that which was required for the tires equipped on the
vehicle. (See BMW, 81 FR 62970, September 13, 2016; BMW, 78 FR 76408,
December 17, 2013; and Volkswagen, 78 FR 28287, May 14, 2013)
(f) Vehicle Production: Vehicle production has been corrected to
conform to FMVSS No. 110 Section 4.3(c) and S4.3(d).
BMW concluded by expressing the belief that the subject
noncompliance is inconsequential as it relates to motor vehicle safety,
and that its petition to be exempted from providing notification of the
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the
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 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. 2017-07164 Filed 4-10-17; 8:45 am]
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