80 FR 18294 - BMW of North America, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 80, Issue 64 (April 3, 2015)

BMW of North America, LLC, (BMW) a subsidiary of BMW AG in Munich, Germany, has determined that certain Model year (MY) 2015 BMW model X5 xDrive35i and model X5 xDrive35d multipurpose passenger vehicles (MPV) do not fully comply with paragraph S4.3.3 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 has filed an appropriate report dated October 22, 2014, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports.

[Federal Register Volume 80, Number 64 (Friday, April 3, 2015)]
[Notices]
[Pages 18294-18295]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07608]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2014-0118; 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.

-----------------------------------------------------------------------

SUMMARY: BMW of North America, LLC, (BMW) a subsidiary of BMW AG in 
Munich, Germany, has determined that certain Model year (MY) 2015 BMW 
model X5 xDrive35i and model X5 xDrive35d multipurpose passenger 
vehicles (MPV) do not fully comply with paragraph S4.3.3 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 has filed an appropriate report dated October 22, 
2014, pursuant to 49 CFR part 573, Defect and Noncompliance 
Responsibility and Reports.

DATES: The closing date for comments on the petition is May 4, 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 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.

SUPPLEMENTARY INFORMATION:
    I. BMW's Petition: 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 68 MY 2015 BMW 
model X5 xDrive35i and model X5 xDrive35d MPVs manufactured between 
October 3, 2014 through October 7, 2014.
    III. Noncompliance: BMW explains that the vehicle certification 
labels required by 49 CFR part 567, and some of the tire information 
labels required by FMVSS No. 110, affixed to the subject vehicles show 
that vehicles were originally equipped with 18-inch tires and rims. The 
vehicles were actually originally quipped with 19-inch tires and rims. 
BMW believes that the noncompliance is that the certification label 
required by 49 CFR part 567, and in some cases the tire information 
labels required by FMVSS No. 110, do not list rim information for the 
tires installed on the vehicles as original equipment as required by 
paragraph S4.3.3 of FMVSS No. 110.
    Rule Text: Paragraph S4.3.3 of FMVSS No. 110 requires in pertinent 
part:

    S4.3.3 Additional labeling information for vehicles other than 
passenger cars. Each vehicle shall show the size designation and, if 
applicable, the type designation of rims (not necessarily those on 
the vehicle) appropriate for the tire appropriate for use on that 
vehicle, including the tire installed as original equipment on the 
vehicle by the vehicle manufacturer, after each GAWR listed on the 
certification label required by Sec.  567.4 or Sec.  567.5 of this 
chapter . . .

    V. Summary of BMW's Analyses: BMW stated its belief that the 
subject noncompliance is inconsequential to motor vehicle safety for 
the following reasons:
    In the case of the subject vehicles with an incorrect Part 567 
certification label but a correct FMVSS No. 110 tire information label, 
BMW states that when a person checks or adjusts the inflation of a tire 
and uses this (correct) FMVSS No. 110 tire information label, the 
person will have the correct inflation pressure available from that 
label. If, however, the person only looks at the certification label, 
or both the certification and tire information labels, BMW states that 
the person may then become unsure of what tires have been installed on 
the vehicle. Should this occur, BMW states that a number of information 
sources and services are available which can be used to determine the 
correct tire size and recommended cold inflation pressure. BMW states 
that these information sources include the tires installed on the 
vehicle which have the tire size information contained on their

[[Page 18295]]

sidewalls, the vehicle's Owner's Manual which contains information 
pertaining to the various tire sizes and tire pressure for use on the 
affected vehicles, and BMW's Roadside Assistance\TM\ program which is 
available 24 hours/day and provides representatives who have 
information on all available tire sizes and specifications for a given 
model and model year of BMW. BMW states its belief that all of the 
above listed sources would lead the driver to obtaining the correct 
recommended cold inflation pressure when attempting to inflate the 
tires mounted on their vehicle.
    For the subject vehicles containing both incorrect 49 CFR part 567 
certification labels and incorrect FMVSS No. 110 tire information 
labels BMW states that the driver can use the labeling on the sidewall 
of the installed tires, the vehicle's owner's manual, and BMW Roadside 
Assistance\TM\ to determine the recommended cold inflation pressure for 
the tires installed on their vehicle.
    BMW also maintains that if a driver were to use the cold inflation 
pressure shown on the incorrect labels for the for 18-inch tires when 
inflating the 19-inch tires, that pressure would be sufficient to 
support vehicle loading. Their calculations using the MY 2015 X5 
xDrive35i for example show that the determined load rating for two 19-
inch tires inflated to the pressure meant for 18-inch tires is 1,572 
kg. Because the front gross axle weight rating (GAWR) is 1,279 kg, BMW 
concludes that the 19-inch tires would be adequately inflated. BMW also 
included calculations to demonstrate that the information on the 
certification labels is correct for the 18-inch tires mounted on the 
subject vehicles.
    BMW states that BMW Customer Relations have not received any 
contact from vehicle owners regarding this issue and, therefore, are 
unaware that any vehicle owner has encountered this issue in the field. 
They state that they are also unaware of any accident or injuries that 
have occurred as a result of this noncompliance.
    BMW has additionally informed NHTSA that it has corrected the 
subject noncompliance.
    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 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. 2015-07608 Filed 4-2-15; 8:45 am]
 BILLING CODE 4910-59-P