BMW of North America, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance |
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Topics: BMW X1
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Otto G. Matheke III
National Highway Traffic Safety Administration
30 May 2019
[Federal Register Volume 84, Number 104 (Thursday, May 30, 2019)]
[Notices]
[Pages 25115-25117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11209]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2018-0003; 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, a subsidiary of BMW AG (BMW), has
determined that certain model year (MY) 2016-2018 BMW X1 motor vehicles
do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS)
No. 205, Glazing Materials. BMW filed a noncompliance report dated
September 10, 2018. BMW subsequently petitioned NHTSA on September 28,
2018, for a decision that the subject noncompliance is inconsequential
as it relates to motor vehicle safety. This document announces receipt
of BMW's petition.
DATES: The closing date for comments on the petition is July 1, 2019.
ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket number cited in the title of this notice and may be submitted by
any of the following methods:
[[Page 25116]]
Mail: Send comments by mail addressed to the 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 the 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 for Federal Holidays.
Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website 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://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 has determined that certain MY 2016-2018 BMW X1
motor vehicles do not fully comply with paragraph S6.2 of FMVSS No.
205, Glazing Materials (49 CFR 571.205). BMW filed a noncompliance
report dated September 10, 2018, pursuant to 49 CFR part 573, Defect
and Noncompliance Responsibility and Reports. BMW subsequently
petitioned NHTSA on September 28, 2018, 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, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR
part 556, Exemption for Inconsequential Defect or Noncompliance.
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 exercises of judgment concerning the merits of the petition.
II. Vehicles Involved: Approximately 86,572 MY 2016-2018 BMW X1
xDrive28i and BMW X1 sDrive28i multipurpose passenger vehicles,
manufactured between March 10, 2015, and August 16, 2018, are
potentially involved.
III. Noncompliance: BMW explains that the noncompliance is that the
rear window glazing markings, in the subject vehicles do not fully
comply with paragraph S6.2 of FMVSS No. 205. Specifically, the rear
window glazing does not contain the DOT certification and the glazing
manufacturing code markings.
IV. Rule Requirements: Paragraph S6.2 of FMVSS No. 205 includes the
requirements relevant to this petition. Prime glazing material
manufacturers must certify their glazing material by adding the symbol
``DOT'' and a manufacturer's code mark that NHTSA assigns to the
manufacturer, in letters and numerals of the same size, as required by
section 7 of ANSI/SAE Z26.1-1996.
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. FMVSS No. 205 Section 2 (Purpose) states, ``The purpose of this
standard is to reduce injuries resulting from impact to glazing
surfaces, to ensure a necessary degree of transparency in motor vehicle
windows for driver visibility, and to minimize the possibility of
occupants being thrown through the vehicle windows in collisions.''
2. Potentially affected vehicles conform to all the FMVSS No. 205
performance requirements. Therefore, they satisfy the stated purpose of
FMVSS 205 regarding (a) injury reduction, (b) driver visibility, and
(c) minimizing occupant ejection.
3. There are no safety performance implications associated with
this potential noncompliance.
4. BMW has not received any contacts from vehicle owners regarding
this issue.
5. BMW is unaware of any accidents or injuries that may have
occurred as a result of this issue.
6. NHTSA has previously granted petitions for inconsequential
noncompliance regarding FMVSS No. 205 involving marking of window
glazing. BMW believes that its petition is similar to other
manufacturer's petitions in which NHTSA has granted approval. Examples
of similar petitions, in which NHTSA has granted approval, include the
following:
Ford Motor Company, NHTSA-2014-0054 N2, March 2, 2015.
General Motors, LLC, NHTSA-2013-0039 N2, September 25,
2015.
Mitsubishi Motors North America, Inc., NHTSA-2015-0066 N2,
August 22, 2015.
Custom Glass Solutions Upper Sandusky Corp., NHTSA-2013-
0124 N2, January 23, 2015.
Supreme Corporation, NHTSA-2015-0126 N2 October 21, 2016.
7. Vehicle production has been corrected to conform to FMVSS No.
205 S6.3.
8. BMW also provided a copy of the FMVSS No. 205 Certification
Report from AIB-Vincotte International N.V.
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.
After review of BMW's petition, the agency contact BMW to clarify
whether or not the subject vehicles were in fact noncompliant with
paragraph S6.3 as stated in their petition or paragraph S6.2 of FMVSS
No. 205. BMW respond that the subject vehicles were in fact
noncompliant with paragraph S6.2 of FMVSS No. 205.
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
[[Page 25117]]
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)
Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2019-11209 Filed 5-29-19; 8:45 am]
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