BMW of North America, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance

BMW of North America, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance

Topics: BMW M4

BMW of North America, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance

Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
25 August 2017

[Federal Register Volume 82, Number 164 (Friday, August 25, 2017)]
[Notices]
[Pages 40640-40643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17998]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2017-0042; 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), a subsidiary of BMW AG,
Munich, Germany, has determined that certain model year (MY) 2018 BMW
M4 Coupe and BMW M4 convertible 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 April
26, 2017. BMW also petitioned NHTSA on May 19, 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 September 25,
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 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://

[[Page 40641]]

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), a subsidiary of BMW
AG, Munich, Germany, has determined that certain model year (MY) 2018
BMW M4 Coupe and BMW M4 convertible motor vehicles do not fully comply
with one or more of the following paragraphs: S4.3(a), S4.3(c) and
S4.3(d) of 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 April 26, 2017, pursuant to 49 CFR
part 573, Defect and Noncompliance Responsibility and Reports. BMW also
petitioned NHTSA on May 19, 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 93 MY 2018 BMW M4 Coupe and
BMW M4 convertible motor vehicles, manufactured between February 28,
2017, and March 24, 2017, are potentially involved.
III. Noncompliance: BMW describes three noncompliances of the
affected vehicles equipped with a Tire Information Placard that may not
fully conform to FMVSS No. 110. Although the affected vehicles were
properly equipped with 20-inch tires, the FMVSS No. 110 Tire
Information Placard states that the vehicles were equipped with 18-inch
tires. Additionally, the placard for the BMW M4 Coupe states a vehicle
capacity weight of 390kg although it should state a vehicle capacity
weight of 381kg. Furthermore, the placard for the BMW M4 Convertible
states a manufacturer's recommended cold tire inflation pressure of
32psi when it should state a tire inflation pressure of 33psi.
IV. Rule Text: Paragraph S4.3 of FMVSS No. 110 states 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 . . .
(a) Vehicle capacity weight expressed as ``The combined weight
of occupants and cargo should never exceed XXX kilograms or XXX
pounds . . .
(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; . . .

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:
1. BMW M4 Coupe--Although affected vehicles were properly equipped
with 20-inch tires, the FMVSS No. 110 Tire Information Placard
incorrectly states that the vehicles are equipped with 18-inch tires.
It also incorrectly states a vehicle capacity weight of 390kg. The
placard should state that the vehicles are equipped with 20-inch tires
and have a vehicle capacity weight of 381kg.
The vehicle capacity weight of 390kg will not result in a vehicle
overload condition as explained in further detail below.
a. Assessment of Additional Vehicle Capacity Weight--An analysis
was performed regarding the potential adverse effect of the additional
9kg on vehicle braking, steering, and stability. Vehicle components and
system including brakes, steering, and suspension were evaluated. It
was determined that there would not be any adverse impact on these
vehicle systems due to robustness in vehicle design. In other words,
the vehicle was designed to account for a larger vehicle capacity
weight than the weight stated on the tire information placard.
b. Part 567 Certification Label--Affected vehicles are equipped
with a Part 567 Certification Label which states accurate information
for the Gross Vehicle Weight Rating (GVWR). Therefore, a vehicle
operator who uses this information would be able to determine the
correct maximum vehicle weight.
2. BMW M4 Convertible--Although affected vehicles were properly
equipped with 20-inch tires, the FMVSS No. 110 Tire Information Placard
incorrectly states that the vehicles were equipped with 18-inch tires,
and incorrectly states a manufacturer's recommended cold tire inflation
pressure of 32psi. The placard should state that the vehicles are
equipped with 20-inch tires and have a manufacturer's recommended cold
tire inflation pressure of 33psi.
The manufacturer's recommended cold tire inflation pressure of
32psi will not result in a vehicle overload condition as explained in
further detail below.
a. Using Tire Information Placard to Set Tire Pressure
i. Assessment Using Tire Pressure Information--(Front Tires)--The
FMVSS No. 110 Tire Information Placard identifies a front tire size of
``255/40 R 18'' with a recommended cold tire inflation pressure of
32psi (220kPa). The load rating from the European Tire and Rim
Technical Organization (ETRTO) table at 32psi (220kPa) is 605kg for a
tire with a load index of 94. Note that the equipped tires are Extra
Load (XL) tires, and that the ETRTO standards require the use of the
Standard Load table for tire pressures up to 250kPa (36psi). The sum of
the load ratings for the front tires is 1,210kg. As noted, the GAWR
(front) is 1,050kg. Therefore, the 20-inch front tires, inflated to
32psi, are sufficient to support vehicle loading.
(Rear Tires)--The FMVSS No. 110 Tire Information Placard identifies
a rear tire size of ``275/40 R 18'' with a recommended cold tire
inflation pressure of 32psi (220kPa). The load rating from the European
Tire and Rim Technical Organization (ETRTO) table at 32psi (220kPa) is
700kg for a tire with a load index of 99. It should be noted that the
equipped tires are Extra Load (XL) tires, and also that the ETRTO
standards state to use the Standard Load table for tire pressures up to
250kPa (36psi). The sum of the load ratings for the rear tires is
1,400kg. As noted, the GAWR (rear) is 1,250kg. Therefore, the 20-inch
rear tires, inflated to 32psi, are sufficient to support vehicle
loading.
ii. Assessment Using Tire Load Limits--FMVSS No. 110 Section 4.2.1
(Tire Load Limits for Passenger Cars) states, in subsection 4.2.1.2:

[[Page 40642]]

``The vehicle normal load on the tire shall not be greater than
94 percent of the load rating at the vehicle manufacturer's
recommended cold inflation pressure for that tire.''

The BMW M4 Convertible has a curb weight of 1,841kg (manual
transmission) and 1,866kg (automatic transmission) and a seating
capacity of 4 occupants.
In order to determine the vehicle normal load per tire, the
automatic transmission weight is used as ``worst case scenario'' as it
is larger than the manual transmission weight. The vehicle normal load
per tire is calculated, per ETRTO standards, by distributing 2
occupants (for a 4 occupant vehicle), at the front axle.
Using the required weight of 68kg per occupant results in a vehicle
normal load per front tire of 534kg and a normal load per rear tire of
466kg.
(Front Tires)--As noted above, the load rating for the front tires
is 605kg.
According to FMVSS No. 110 Section 4.2.1.2, ``[T]he vehicle normal
load on the tire shall not be greater than 94 percent of the load
rating at the vehicle manufacturer's recommended cold inflation
pressure for that tire.'' Using the load rating of 605kg results in a
``94% load rating'' of 568kg. As noted above, the vehicle normal load
per front tire is 534kg and therefore is within the limit required by
Section 4.2.1.2.
(Rear Tires)--As noted above, the load rating for the rear tires is
700kg.
According to FMVSS No. 110 Section 4.2.1.2, ``[T]he vehicle normal
load on the tire shall not be greater than 94 percent of the load
rating at the vehicle manufacturer's recommended cold inflation
pressure for that tire.'' Using the load rating of 700kg results in a
``94% load rating'' of 658kg. As noted above, the vehicle normal load
per rear tire is 466kg and therefore is within the limit required by
Section 4.2.1.2.
b. Using Other Information Source To Set Tire Pressure--If a
vehicle operator notices that the tires identified 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 that can be used to identify the correct tire pressure and,
therefore, achieve the proper inflation level for the tires equipped on
the vehicle.
i. 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.
A vehicle operator could check the specific tires installed on the
vehicle which, in this case, are 20-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.
ii. 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 identifying
that the vehicles as being equipped with 18-inch tires even though they
are equipped with 20-inch tires. 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 an 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 so
equipped, also with 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.
iii. 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 pressures 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 included in the
vehicle's portfolio
--On one or more BMW Roadside AssistanceTM Labels in the
vehicle
--Within the vehicle's Quick Reference Guide
--Within the vehicle's Service 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

iv. 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.
v. BMW Customer Relations--If a vehicle operator contacts BMW
Customer Relations, and provides the

[[Page 40643]]

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 identified 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 which can, if necessary, transfer
the vehicle operator to BMW Customer Relations

3. Field Experience--Owner Contacts to BMW Customer Relations--BMW
Customer Relations has not received any contacts from vehicle owners
regarding these issues. Therefore, BMW is unaware that any vehicle
owner has encountered these issues.
Accidents/Injuries--BMW is unaware of any accidents or injuries
that have occurred as a result of these issues.
4. Prior NHTSA Grants to Manufacturer Petitions--NHTSA has
previously granted petitions for Inconsequential Noncompliance
regarding FMVSS No. 110 involving vehicles for which the tire
information placard contained tire size and tire pressure information
which did not match the tires equipped on the vehicle. In some of these
instances, even though the tire information placard identified a
manufacturer's recommended cold tire inflation pressure that was less
than the value required for the tires equipped on the vehicle, the load
carrying capacity of the equipped tires, at this lower tire pressure,
was still sufficient and would not lead to a vehicle overload
condition.
5. Vehicle Production--Vehicle production has been corrected to
conform to FMVSS No. 110 Section 4.3(a), 4.3(C) and 4.3(d).
BMW concluded by expressing the belief that the subject
noncompliances are inconsequential as they relate 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.
To view BMW's petition analyses and any supplemental information in
its entirety you can visit https://www.regulations.gov by following the
online instructions for accessing the dockets and by using the docket
ID number for this petition shown in the heading of this notice.
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. 2017-17998 Filed 8-24-17; 8:45 am]
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