BMW of North America, LLC, a subsidiary of BMW AG, Receipt of Petition for Decision of Inconsequential Noncompliance |
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Topics: National Highway Traffic Safety Administration, Mini Clubman
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Claude H. Harris
Federal Register
August 18, 2011
[Federal Register Volume 76, Number 160 (Thursday, August 18, 2011)]
[Notices]
[Pages 51468-51469]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21087]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2011-0081; 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 for Inconsequential Noncompliance.
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SUMMARY: BMW of North America, LLC,\1\ a subsidiary of BMW AG.\2\
(collectively referred to as ``BMW'') has determined that certain model
year 2011 Mini Cooper Clubman and Mini Cooper S Clubman model passenger
cars manufactured between February 8, 2011 and May 11, 2011, do not
fully comply with paragraph S5.2.1 of Federal Motor Vehicle Safety
Standard (FMVSS) No. 101, Controls and Displays and paragraphs S5.5.2
and S5.5.5 of FMVSS No. 135, Light Vehicle Brake Systems. BMW has filed
an appropriate report pursuant to 49 CFR part 573, Defect and
Noncompliance Responsibility and Reports (dated May 25, 2011).
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\1\ BMW of 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 has petitioned 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.
Affected are approximately 75 model year 2011 Mini Cooper Clubman
and Mini Cooper S Clubman model passenger cars that were manufactured
between February 8, 2011 and May 11, 2011.
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 75 \3\ model year 2011 Mini Cooper Clubman and Mini
Cooper S Clubman model passenger cars 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 75 of the affected vehicles. However, the agency cannot 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.
Those vehicles must be brought into conformance, exported, or
destroyed.
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Paragraph S5.2.1 of FMVSS No. 101 requires in pertinent part:
S5.2.1 Except for the Low Tire Pressure Telltale, each control,
telltale and indicator that is listed in column 1 of Table 1 or
Table 2 must be identified by the symbol specified for it in column
2 or the word or abbreviation specified for it in column 3 of Table
1 or Table 2. If a symbol is used, each symbol provided pursuant to
this paragraph must be substantially similar in form to the symbol
as it appears in Table 1 or Table 2. If a symbol is used, each
symbol provided pursuant to this paragraph must have the
proportional dimensional characteristics of the symbol as it appears
in Table 1 or Table 2.
Paragraphs S5.5.2 and S5.5.5 of FMVSS No. 135 requires in pertinent
part:
S5.5.2. Function check. (a) All indicators shall be activated as
a check function by either: (1) Automatic activation when the
ignition (start) switch is turned to the ``on'' (``run'') position
when the engine is not running, or when the ignition (``start'')
switch is in a position between ``on'' (``run'') and ``start'' that
is designated by the manufacturer as a check position, or (2) A
single manual action by the driver, such as momentary activation of
a test button or switch mounted on the instrument panel in front of
and in clear view of the driver, or, in the case of an indicator for
application of the parking brake, by applying the parking brake when
the ignition is in the ``on'' (``run'') position. (b) In the case of
a vehicle that has an interlock device that prevents the engine from
being started under one or more conditions, check functions meeting
the requirements of S5.5.2(a) need not be operational under any
condition in which the engine cannot be started. (c) The
manufacturer shall explain the brake check function test procedure
in the owner's manual.
S5.5.5. Labeling. (a) Each visual indicator shall display a word
or words in accordance with the requirements of Standard No. 101 (49
CFR 571.101) and this section, which shall be legible to the driver
under all daytime and nighttime conditions when activated. Unless
otherwise specified, the words shall have letters not less than 3.2
mm (1/8 inch) high and the letters and background shall be of
contrasting colors, one of which is red. Words or symbols in
addition to those required by Standard No. 101 and this section may
be provided for purposes of clarity.
(b) Vehicles manufactured with a split service brake system may
use a common brake warning indicator to indicate two or more of the
functions described in S5.5.1(a) through S5.5.1(g). If a common
indicator is used, it shall display the word ``Brake.''
BMW explained that the noncompliance is that the telltales used for
Brake Warning, Park Brake Warning and Antilock Braking System (ABS)
failure warnings are displayed using International Organization for
Standardization (ISO) symbols instead
[[Page 51469]]
of the telltale symbols required by FMVSS Nos. 101 and 135.
BMW stated its belief that although the instrument cluster telltale
symbols are displayed using ISO symbols the noncompliance is
inconsequential to motor vehicle safety for the following reasons:
(1) If a problem is encountered in which a brake system warning or
malfunction indicator symbol is displayed, it is believed that the
driver will be able to understand the warning symbol and take any
necessary actions required.
(2) The instrument cluster is mounted behind the steering wheel in
direct sight of the driver, making any warning symbol or indicator
visible.
(3) There is a ``message center'' within the tachometer which is
also used to inform the driver that a problem exists and can be used to
better clarify why the warning symbol is illuminated.
(4) Due to similarities between the symbols required by FMVSS Nos.
101 and 135 and ISO symbols, eventually the driver will come to
associate the wheel depiction symbol with the brake system.
(5) In such an event where the driver is unable to identify the
warning symbol the driver would be able to consult the owner's manual
which depicts as well as explains each of the warning/malfunction
indicator symbols.
(6) BMW has received no customer complaints regarding the issue of
non compliant telltales.
BMW also explains NHTSA has previously granted similar petitions.
In summation, BMW believes that the described noncompliance of its
vehicles is inconsequential to motor vehicle safety, and that its
petition, to exempt it 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.
DATES: Comment closing date: September 19, 2011.
Authority: (49 U.S.C. 30118, 30120: delegations of authority at
CFR 1.50 and 501.8)
Issued on: August 12, 2011.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2011-21087 Filed 8-17-11; 8:45 am]
BILLING CODE 4910-59-P