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)
National Highway Traffic Safety Administration
Federal Register Volume 80, Issue 64 (April 3, 2015)
| Page Range | 18294-18295 | |
| FR Document | 2015-07608 |
[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
![18294 Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Notices
Public Comments Invited: You are Transportation, Docket Operations, M– 30118 and 30120 and does not represent
asked to comment on any aspect of this 30, West Building Ground Floor, Room any agency decision or other exercise of
information collection, including: (1) W12–140, 1200 New Jersey Avenue SE., judgment concerning the merits of the
Whether the proposed collection is Washington, DC 20590. petition.
necessary for the performance of • Hand Deliver: Deliver comments by II. Vehicles Involved: Affected are
FMCSA’s functions; (2) the accuracy of hand to: U.S. Department of approximately 68 MY 2015 BMW model
the estimated burden; (3) ways for the Transportation, Docket Operations, M– X5 xDrive35i and model X5 xDrive35d
FMCSA to enhance the quality, 30, West Building Ground Floor, Room MPVs manufactured between October 3,
usefulness, and clarity of the collected W12–140, 1200 New Jersey Avenue SE., 2014 through October 7, 2014.
information; and (4) ways that the Washington, DC 20590. The Docket III. Noncompliance: BMW explains
burden could be minimized without Section is open on weekdays from 10 that the vehicle certification labels
reducing the quality of the information a.m. to 5 p.m. except Federal Holidays. required by 49 CFR part 567, and some
collected. The Agency will summarize • Electronically: Submit comments of the tire information labels required by
or include your comments in the request electronically by: Logging onto the FMVSS No. 110, affixed to the subject
for OMB’s clearance of this ICR. Federal Docket Management System vehicles show that vehicles were
Issued under the authority of 49 CFR 1.87
(FDMS) Web site at http:// originally equipped with 18-inch tires
on: March 26, 2015. www.regulations.gov/. Follow the online and rims. The vehicles were actually
G. Kelly Regal,
instructions for submitting comments. originally quipped with 19-inch tires
Comments may also be faxed to (202) and rims. BMW believes that the
Associate Administrator for Office of
Research and Information Technology and
493–2251. noncompliance is that the certification
Chief Information Officer. Comments must be written in the label required by 49 CFR part 567, and
English language, and be no greater than in some cases the tire information labels
[FR Doc. 2015–07676 Filed 4–2–15; 8:45 am]
15 pages in length, although there is no required by FMVSS No. 110, do not list
BILLING CODE 4910–EX–P
limit to the length of necessary rim information for the tires installed on
attachments to the comments. If the vehicles as original equipment as
DEPARTMENT OF TRANSPORTATION comments are submitted in hard copy required by paragraph S4.3.3 of FMVSS
form, please ensure that two copies are No. 110.
National Highway Traffic Safety provided. If you wish to receive Rule Text: Paragraph S4.3.3 of FMVSS
Administration confirmation that your comments were No. 110 requires in pertinent part:
received, please enclose a stamped, self-
[Docket No. NHTSA–2014–0118; Notice 1] S4.3.3 Additional labeling information
addressed postcard with the comments.
for vehicles other than passenger cars. Each
Note that all comments received will be vehicle shall show the size designation and,
BMW of North America, LLC, Receipt
posted without change to http:// if applicable, the type designation of rims
of Petition for Decision of
www.regulations.gov, including any (not necessarily those on the vehicle)
Inconsequential Noncompliance
personal information provided. appropriate for the tire appropriate for use on
AGENCY: National Highway Traffic Documents submitted to a docket may that vehicle, including the tire installed as
Safety Administration (NHTSA), be viewed by anyone at the address and original equipment on the vehicle by the
Department of Transportation (DOT). times given above. The documents may vehicle manufacturer, after each GAWR
also be viewed on the Internet at listed on the certification label required by
ACTION: Receipt of petition.
http://www.regulations.gov by following § 567.4 or § 567.5 of this chapter . . .
SUMMARY: BMW of North America, LLC, the online instructions for accessing the V. Summary of BMW’s Analyses:
(BMW) a subsidiary of BMW AG in dockets. DOT’s complete Privacy Act BMW stated its belief that the subject
Munich, Germany, has determined that Statement is available for review in the noncompliance is inconsequential to
certain Model year (MY) 2015 BMW Federal Register published on April 11, motor vehicle safety for the following
model X5 xDrive35i and model X5 2000, (65 FR 19477–78). reasons:
xDrive35d multipurpose passenger The petition, supporting materials, In the case of the subject vehicles
vehicles (MPV) do not fully comply and all comments received before the with an incorrect Part 567 certification
with paragraph S4.3.3 of Federal Motor close of business on the closing date label but a correct FMVSS No. 110 tire
Vehicle Safety Standard (FMVSS) No. indicated below will be filed and will be information label, BMW states that
110, Tire Selection and Rims and Motor considered. All comments and when a person checks or adjusts the
Home/Recreation Vehicle Trailer Load supporting materials received after the inflation of a tire and uses this (correct)
Carrying Capacity Information for Motor closing date will also be filed and will FMVSS No. 110 tire information label,
Vehicles with a GVWR of 4,536 be considered to the extent possible. the person will have the correct
kilograms (10,000 pounds) or less. BMW When the petition is granted or denied, inflation pressure available from that
has filed an appropriate report dated notice of the decision will be published label. If, however, the person only looks
October 22, 2014, pursuant to 49 CFR in the Federal Register pursuant to the at the certification label, or both the
part 573, Defect and Noncompliance authority indicated below. certification and tire information labels,
Responsibility and Reports. SUPPLEMENTARY INFORMATION: BMW states that the person may then
DATES: The closing date for comments I. BMW’s Petition: Pursuant to 49 become unsure of what tires have been
on the petition is May 4, 2015. U.S.C. 30118(d) and 30120(h) (see installed on the vehicle. Should this
ADDRESSES: Interested persons are implementing rule at 49 CFR part 556), occur, BMW states that a number of
asabaliauskas on DSK5VPTVN1PROD with NOTICES
invited to submit written data, views, BMW submitted a petition for an information sources and services are
and arguments on this petition. exemption from the notification and available which can be used to
Comments must refer to the docket and remedy requirements of 49 U.S.C. determine the correct tire size and
notice number cited at the beginning of Chapter 301 on the basis that this recommended cold inflation pressure.
this notice and submitted by any of the noncompliance is inconsequential to BMW states that these information
following methods: motor vehicle safety. sources include the tires installed on the
• Mail: Send comments by mail This notice of receipt of BMW’s vehicle which have the tire size
addressed to: U.S. Department of petition is published under 49 U.S.C. information contained on their
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![Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Notices 18295
sidewalls, the vehicle’s Owner’s Manual 30120(h)) that permit manufacturers to to the Office of Information and
which contains information pertaining file petitions for a determination of Regulatory Affairs, Office of
to the various tire sizes and tire pressure inconsequentiality allow NHTSA to Management and Budget. Comments
for use on the affected vehicles, and exempt manufacturers only from the should be addressed to the attention of
BMW’s Roadside AssistanceTM program duties found in sections 30118 and the Desk Officer, Department of
which is available 24 hours/day and 30120, respectively, to notify owners, Transportation/Federal Motor Carrier
provides representatives who have purchasers, and dealers of a defect or Safety Administration, and sent via
information on all available tire sizes noncompliance and to remedy the electronic mail to oira_submission@
and specifications for a given model and defect or noncompliance. Therefore, any omb.eop.gov, or faxed to (202) 395–
model year of BMW. BMW states its decision on this petition only applies to 6974, or mailed to the Office of
belief that all of the above listed sources the subject vehicles that BMW no longer Information and Regulatory Affairs,
would lead the driver to obtaining the controlled at the time it determined that Office of Management and Budget,
correct recommended cold inflation the noncompliance existed. However, Docket Library, Room 10102, 725 17th
pressure when attempting to inflate the any decision on this petition does not Street NW., Washington, DC 20503.
tires mounted on their vehicle. relieve vehicle distributors and dealers FOR FURTHER INFORMATION CONTACT: Mr.
For the subject vehicles containing of the prohibitions on the sale, offer for Brian Routhier, Transportation
both incorrect 49 CFR part 567 sale, or introduction or delivery for Specialist, Technology Division, Office
certification labels and incorrect FMVSS introduction into interstate commerce of of Analysis, Research and Technology,
No. 110 tire information labels BMW the noncompliant vehicles under their Federal Motor Carrier Safety
states that the driver can use the control after BMW notified them that Administration, Department of
labeling on the sidewall of the installed the subject noncompliance existed. Transportation, West Building 6th
tires, the vehicle’s owner’s manual, and
Authority: 49 U.S.C. 30118, 30120: Floor, 1200 New Jersey Avenue SE.,
BMW Roadside AssistanceTM to
delegations of authority at 49 CFR 1.95 and Washington, DC 20590. Telephone:
determine the recommended cold 501.8. 202–366–1225; email brian.routhier@
inflation pressure for the tires installed
Jeffrey M. Giuseppe, dot.gov. Office hours are from 9:00 a.m.
on their vehicle.
BMW also maintains that if a driver to 5 p.m., Monday through Friday,
Director, Office of Vehicle Safety Compliance.
were to use the cold inflation pressure except Federal holidays.
[FR Doc. 2015–07608 Filed 4–2–15; 8:45 am]
shown on the incorrect labels for the for SUPPLEMENTARY INFORMATION:
BILLING CODE 4910–59–P
18-inch tires when inflating the 19-inch Title: Electronic Logging Device (ELD)
tires, that pressure would be sufficient Registration.
to support vehicle loading. Their DEPARTMENT OF TRANSPORTATION OMB Control Number: 2126–00XX.
calculations using the MY 2015 X5 Type of Request: New Collection.
xDrive35i for example show that the Federal Motor Carrier Safety Respondents: ELD providers.
determined load rating for two 19-inch Administration Estimated Number of Respondents:
tires inflated to the pressure meant for 22. FMCSA estimates that there will be
[Docket No. FMCSA–2014–0377] 22 respondents, 20 U.S. and 2 foreign
18-inch tires is 1,572 kg. Because the
front gross axle weight rating (GAWR) is Agency Information Collection ELD providers, and that each provider
1,279 kg, BMW concludes that the 19- Activities; New Information Collection will register an average of 4 devices. The
inch tires would be adequately inflated. Request: Electronic Logging Device total of 88 devices (4 devices × 22
BMW also included calculations to (ELD) Registration providers) exceeds the number of
demonstrate that the information on the devices that FMCSA is currently aware
certification labels is correct for the 18- AGENCY: Federal Motor Carrier Safety of, but the Agency has opted to use a
inch tires mounted on the subject Administration (FMCSA), DOT. conservatively high count in order to
vehicles. ACTION: Notice and request for avoid under-estimating the burden for
BMW states that BMW Customer comments. this ICR.
Relations have not received any contact Estimated Time per Response: 15
SUMMARY: In accordance with the minutes first year and 7.5 minutes in
from vehicle owners regarding this issue
Paperwork Reduction Act of 1995, subsequent years. Each provider will
and, therefore, are unaware that any
FMCSA announces its plan to submit take an estimated 15 minutes of
vehicle owner has encountered this
the Information Collection Request (ICR) preparation time plus 15 minutes per
issue in the field. They state that they
described below to the Office of device to complete the initial
are also unaware of any accident or
Management and Budget (OMB) for its registration, for a total of 75 minutes per
injuries that have occurred as a result of
review and approval and invites public provider in the first year (15 minutes of
this noncompliance.
BMW has additionally informed comment on the approval of a new (ICR) preparation time + (4 devices per
NHTSA that it has corrected the subject entitled, Electronic Logging Device provider × 15 minutes per device) = 75
noncompliance. Registration. This ICR will be used to minutes). In subsequent years, it is
In summation, BMW believes that the enable providers to register their ELDs estimated that registration updates will
described noncompliance of the subject with FMCSA. take half the initial time, for a total of
vehicles is inconsequential to motor DATES: Please send your comments by 37.5 minutes per provider (7.5 minutes
vehicle safety, and that its petition, to May 4, 2015. OMB must receive your of preparation time + (4 devices per
asabaliauskas on DSK5VPTVN1PROD with NOTICES
exempt BMW from providing recall comments by this date in order to act on provider x 7.5 minutes per device) =
notification of noncompliance as the ICR. 37.5 minutes).
required by 49 U.S.C. 30118 and ADDRESSES: All comments should Expiration Date: N/A. This is a new
remedying the recall noncompliance as reference Federal Docket Management ICR.
required by 49 U.S.C. 30120 should be System (FDMS) Docket Number Frequency of Response: On occasion.
granted. FMCSA–2014–0377. Interested persons Estimated Total Annual Burden: 18
NHTSA notes that the statutory are invited to submit written comments hours [((22 respondents × 75 minutes in
provisions (49 U.S.C. 30118(d) and on the proposed information collection year 1) + (22 respondents × 37.5 minutes
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Document Created: 2015-12-18 15:28:39
Document Modified: 2015-12-18 15:28:39
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Receipt of petition. | |
| Dates | The closing date for comments on the petition is May 4, 2015. | |
| FR Citation | 80 FR 18294 |
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