80 FR 52845 - BMW of North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 80, Issue 169 (September 1, 2015)
National Highway Traffic Safety Administration
Federal Register Volume 80, Issue 169 (September 1, 2015)
| Page Range | 52845-52846 | |
| FR Document | 2015-21580 |
[Federal Register Volume 80, Number 169 (Tuesday, September 1, 2015)] [Notices] [Pages 52845-52846] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-21580] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2015-0053; Notice 1] BMW of North America, Inc., 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, Inc. (BMW) has determined that certain model year (MY) 2015 MINI Cooper, Cooper S hardtop 2 door, and Cooper S hardtop 4 door passenger cars do not fully comply with paragraph S4.2.3(a) of Federal Motor Vehicle Safety Standard (FMVSS) No. 226, Ejection Mitigation. BMW has filed an appropriate report dated May 20, 2015, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. DATES: The closing date for comments on the petition is October 1, 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 for comments indicated above 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. Overview: 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 4,208 MY 2015 MINI Cooper, Cooper S hardtop 2 door, and Cooper S hardtop 4 door passenger cars manufactured from February 25, 2015 to April 24, 2015. III. Noncompliance: BMW explains that written information describing the ejection mitigation countermeasure installed in the vehicles was not provided to the vehicle consumers as required by paragraph S4.2.3(a) of FMVSS No. 226. IV. Rule Text: Paragraph S4.2.3 of FMVSS No. 226 requires in pertinent part: S4.2.3 Written information. (a) Vehicles with an ejection mitigation countermeasure that deploys in the event of a rollover must be described as such in the vehicle's owner manual or in other written information provided by the vehicle manufacturer to the consumer. V. Summary of BMW's Position: BMW stated its belief that the subject noncompliance in the affected vehicles is inconsequential to motor vehicle safety. A summary of its reasoning is provided as follows. Detailed explanations of its reasoning are included in its petition: 1. The vehicles are equipped with a countermeasure that meets the performance requirements of FMVSS No. 226. 2. The owner's manuals contain a description of the ejection mitigation countermeasure in the context of side impact. 3. The owner's manuals contain precautions related to the [ejection mitigation] system even though not required by FMVSS No. 226. 4. The [ejection mitigation] system uses the FMVSS No. 208 required readiness indicator, as allowed by FMVSS No. 226. 5. BMW has not received any customer complaints due to this issue. 6. BMW is not aware of any accidents or injuries due to this issue. 7. NHTSA may have granted similar manufacturer petitions re owner's manuals. 8. BMW has corrected the noncompliance so that all future production vehicles will comply with FMVSS No. 226. 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 [[Page 52846]] 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. 2015-21580 Filed 8-31-15; 8:45 am] BILLING CODE 4910-59-P
![Federal Register / Vol. 80, No. 169 / Tuesday, September 1, 2015 / Notices 52845
The agency will summarize and/or instructions for submitting comments. required by paragraph S4.2.3(a) of
include your comments in the request Comments may also be faxed to (202) FMVSS No. 226.
for OMB’s clearance of this information 493–2251. IV. Rule Text: Paragraph S4.2.3 of
collection. Comments must be written in the FMVSS No. 226 requires in pertinent
Authority: 44 U.S.C. Section 3506(c)(2)(A). English language, and be no greater than part:
15 pages in length, although there is no S4.2.3 Written information.
Issued on: August 25, 2015. limit to the length of necessary (a) Vehicles with an ejection mitigation
Jeff Michael, attachments to the comments. If countermeasure that deploys in the event of
Associate Administrator, Research and comments are submitted in hard copy a rollover must be described as such in the
Program Development. form, please ensure that two copies are vehicle’s owner manual or in other written
[FR Doc. 2015–21603 Filed 8–31–15; 8:45 am] provided. If you wish to receive information provided by the vehicle
BILLING CODE 4910–59–P confirmation that your comments were manufacturer to the consumer.
received, please enclose a stamped, self- V. Summary of BMW’s Position: BMW
addressed postcard with the comments. stated its belief that the subject
DEPARTMENT OF TRANSPORTATION Note that all comments received will be noncompliance in the affected vehicles
posted without change to http:// is inconsequential to motor vehicle
National Highway Traffic Safety www.regulations.gov, including any safety. A summary of its reasoning is
Administration personal information provided. provided as follows. Detailed
[Docket No. NHTSA–2015–0053; Notice 1] Documents submitted to a docket may explanations of its reasoning are
be viewed by anyone at the address and included in its petition:
BMW of North America, Inc., Receipt of times given above. The documents may 1. The vehicles are equipped with a
Petition for Decision of also be viewed on the Internet at countermeasure that meets the
Inconsequential Noncompliance http://www.regulations.gov by following performance requirements of FMVSS
AGENCY: National Highway Traffic the online instructions for accessing the No. 226.
dockets. DOT’s complete Privacy Act 2. The owner’s manuals contain a
Safety Administration (NHTSA),
Statement is available for review in the description of the ejection mitigation
Department of Transportation (DOT).
Federal Register published on April 11, countermeasure in the context of side
ACTION: Receipt of petition. impact.
2000, (65 FR 19477–78).
SUMMARY: BMW of North America, Inc. The petition, supporting materials, 3. The owner’s manuals contain
(BMW) has determined that certain and all comments received before the precautions related to the [ejection
model year (MY) 2015 MINI Cooper, close of business on the closing date for mitigation] system even though not
Cooper S hardtop 2 door, and Cooper S comments indicated above will be filed required by FMVSS No. 226.
and will be considered. All comments 4. The [ejection mitigation] system
hardtop 4 door passenger cars do not
and supporting materials received after uses the FMVSS No. 208 required
fully comply with paragraph S4.2.3(a) of
the closing date will also be filed and readiness indicator, as allowed by
Federal Motor Vehicle Safety Standard
will be considered to the extent FMVSS No. 226.
(FMVSS) No. 226, Ejection Mitigation. 5. BMW has not received any
BMW has filed an appropriate report possible. When the petition is granted or
denied, notice of the decision will be customer complaints due to this issue.
dated May 20, 2015, pursuant to 49 CFR 6. BMW is not aware of any accidents
part 573, Defect and Noncompliance published in the Federal Register
pursuant to the authority indicated or injuries due to this issue.
Responsibility and Reports. 7. NHTSA may have granted similar
DATES: The closing date for comments below.
manufacturer petitions re owner’s
on the petition is October 1, 2015. SUPPLEMENTARY INFORMATION: manuals.
ADDRESSES: Interested persons are I. Overview: Pursuant to 49 U.S.C. 8. BMW has corrected the
invited to submit written data, views, 30118(d) and 30120(h) (see noncompliance so that all future
and arguments on this petition. implementing rule at 49 CFR part 556), production vehicles will comply with
Comments must refer to the docket and BMW submitted a petition for an FMVSS No. 226.
notice number cited at the beginning of exemption from the notification and In summation, BMW believes that the
this notice and submitted by any of the remedy requirements of 49 U.S.C. described noncompliance of the subject
following methods: Chapter 301 on the basis that this vehicles is inconsequential to motor
• Mail: Send comments by mail noncompliance is inconsequential to vehicle safety, and that its petition, to
addressed to: U.S. Department of motor vehicle safety. exempt BMW from providing recall
Transportation, Docket Operations, M– This notice of receipt of BMW’s notification of noncompliance as
30, West Building Ground Floor, Room petition is published under 49 U.S.C. required by 49 U.S.C. 30118 and
W12–140, 1200 New Jersey Avenue SE., 30118 and 30120 and does not represent remedying the recall noncompliance as
Washington, DC 20590. any agency decision or other exercise of required by 49 U.S.C. 30120 should be
• Hand Deliver: Deliver comments by judgment concerning the merits of the granted.
hand to: U.S. Department of petition. NHTSA notes that the statutory
Transportation, Docket Operations, M– II. Vehicles Involved: Affected are provisions (49 U.S.C. 30118(d) and
30, West Building Ground Floor, Room approximately 4,208 MY 2015 MINI 30120(h)) that permit manufacturers to
W12–140, 1200 New Jersey Avenue SE., Cooper, Cooper S hardtop 2 door, and file petitions for a determination of
mstockstill on DSK4VPTVN1PROD with NOTICES
Washington, DC 20590. The Docket Cooper S hardtop 4 door passenger cars inconsequentiality allow NHTSA to
Section is open on weekdays from 10 manufactured from February 25, 2015 to exempt manufacturers only from the
a.m. to 5 p.m. except Federal Holidays. April 24, 2015. duties found in sections 30118 and
• Electronically: Submit comments III. Noncompliance: BMW explains 30120, respectively, to notify owners,
electronically by: logging onto the that written information describing the purchasers, and dealers of a defect or
Federal Docket Management System ejection mitigation countermeasure noncompliance and to remedy the
(FDMS) Web site at http:// installed in the vehicles was not defect or noncompliance. Therefore, any
www.regulations.gov/. Follow the online provided to the vehicle consumers as decision on this petition only applies to
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![52846 Federal Register / Vol. 80, No. 169 / Tuesday, September 1, 2015 / Notices
the subject vehicles that BMW no longer items include the following: Remarks by System. This data collection effort
controlled at the time it determined that Board Chairman Daniel R. Elliott III, supports a multi-year program focused
the noncompliance existed. However, Board Vice Chairman and NGCC Co- on improving transit rail safety by
any decision on this petition does not Chairman Ann D. Begeman, and collecting and analyzing data and
relieve vehicle distributors and dealers Commissioner Deb Miller; a review of information on close calls and other
of the prohibitions on the sale, offer for the upcoming harvest by Bill Hudson, unsafe occurrences in the Washington
sale, or introduction or delivery for founder of The ProExporter Network®; Metropolitan Area Transit Authority
introduction into interstate commerce of and follow-up responses, as well as (WMATA) rail system. The program is
the noncompliant vehicles under their discussions of related issues, by co-sponsored by WMATA’s Office of the
control after BMW notified them that railroad, shipper, and manufacturer/ Deputy General Manager Operations
the subject noncompliance existed. lessor response panels. The full agenda, (DGMO) and the President/Business
Authority: (49 U.S.C. 30118, 30120: along with other information regarding Agent of the Amalgamated Transit
delegations of authority at 49 CFR 1.95 and the NGCC, is posted on the Board’s Web Union (ATU) Local 689. It is designed
501.8) site at http://www.stb.dot.gov/stb/rail/ to identify safety issues and propose
graincar_council.html. corrective actions based on voluntary
Jeffrey M. Giuseppe, The meeting, which is open to the reports of close calls submitted
Director, Office of Vehicle Safety Compliance. public, will be conducted pursuant to confidentially to the Bureau of
[FR Doc. 2015–21580 Filed 8–31–15; 8:45 am] the Federal Advisory Committee Act, 5 Transportation Statistics (BTS), U.S.
BILLING CODE 4910–59–P U.S.C. app. 2; Federal Advisory Department of Transportation. This
Committee Management, 41 CFR pt. information collection is necessary to
102–3; the NGCC Charter; and Board aid WMATA/ATU in systematically
DEPARTMENT OF TRANSPORTATION procedures. collecting and analyzing data to identify
Public Comments: Members of the root causes of potentially unsafe events.
Surface Transportation Board public may submit written comments to DATES: Comments must be received by
[Docket No. EP 519 (Sub-No. 4)] the NGCC at any time. Comments November 2, 2015.
should be addressed to NGCC, c/o Fred ADDRESSES: To ensure that your
Notice of National Grain Car Council Forstall, Surface Transportation Board,
Meeting comments are not entered more than
395 E Street SW., Washington, DC once into the docket, submit comments
AGENCY: Surface Transportation Board, 20423–0001 or alfred.forstall@ by only one of the following methods:
DOT. stb.dot.gov. Any further • Federal eRulemaking Portal: Go to
communications about this meeting will http://www.regulations.gov and follow
ACTION:Notice of National Grain Car be announced through the STB Web
Council meeting. the instructions for sending your
site. comments electronically. Docket
SUMMARY: Notice is hereby given of a Decided: August 27, 2015. Number: RITA–2008–2002.
meeting of the National Grain Car By the Board, Rachel D. Campbell, • Mail: Docket Management Facility
Council (NGCC), pursuant to the Federal Director, Office of Proceedings. (DMF), U.S. Department of
Advisory Committee Act, 5 U.S.C., app. Tia Delano, Transportation, 1200 New Jersey
2 § 10(a)(2). Clearance Clerk. Avenue SE., West Building, Ground
DATES: The meeting will be held on [FR Doc. 2015–21613 Filed 8–31–15; 8:45 am] Floor, Room W12–140, Washington, DC
Thursday, September 17, 2015, BILLING CODE 4915–01–P
20590–0001.
beginning at 1:00 p.m. (CDT), and is • Hand Delivery: Deliver to mail
expected to conclude at 5:00 p.m. address above between 9 a.m. and 5
(CDT). DEPARTMENT OF TRANSPORTATION p.m. EST, Monday through Friday,
except Federal holidays.
ADDRESSES: The meeting will be held at [Docket Number: RITA–2008–0002] • Fax: (202) 493–2251.
the Westin Kansas City at Crown Center, Identify all transmission with ‘‘Docket
1 East Pershing Road, Kansas City, MO Agency Information Collection
Number RITA–2008–0002’’ at the
64108. Phone (816) 474–4400. Activity; Notice of Request for
beginning of each page of the document.
FOR FURTHER INFORMATION CONTACT: Fred Approval To Collect New Information:
Instructions: All comments must
Forstall at (202) 245–0241 or Confidential Close Call Reporting for
include the agency name and docket
alfred.forstall@stb.dot.gov. [Assistance Transit Rail System
number for this notice. Paper comments
for the hearing impaired is available AGENCY: Bureau of Transportation should be submitted in duplicate. The
through the Federal Information Relay Statistics (BTS), Office of the Assistant DMF is open for examination and
Service (FIRS) at: (800) 877–8339]. Secretary for Research Technology copying, at the above address from 9
SUPPLEMENTARY INFORMATION: The NGCC (OST–R), U.S. Department of a.m. to 5 p.m. EST, Monday through
was established by the Interstate Transportation. Friday, except Federal holidays. If you
Commerce Commission (ICC) as a ACTION: Notice and request for wish to receive confirmation of receipt
working group to facilitate private- comments. of your written comments, please
sector solutions and recommendations include a self-addressed, stamped
to the ICC (and now the Board) on SUMMARY: In accordance with the postcard with the following statement:
mstockstill on DSK4VPTVN1PROD with NOTICES
matters affecting rail grain car requirements of section 3506(c)(2)(A) of ‘‘Comments on Docket RITA–2008–
availability and transportation. Nat’l the Paperwork Reduction Act of 1995, 0002.’’ The Docket Clerk will date stamp
Grain Car Supply—Conference of this notice announces the intention of the postcard prior to returning it to you
Interested Parties, EP 519 (ICC served the Bureau of Transportation Statistics via the U.S. mail. Please note that all
Jan. 7, 1994). to request the Office of Management and comments received, including any
The general purpose of this meeting is Budget (OMB) to approve the following personal information, will be posted
to discuss rail carrier preparedness to information collection: Confidential and will be available to Internet users,
transport the 2015 grain harvest. Agenda Close Call Reporting for Transit Rail without change, at www.regulations.gov.
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Document Created: 2018-02-26 10:04:51
Document Modified: 2018-02-26 10:04:51
| 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 October 1, 2015. | |
| FR Citation | 80 FR 52845 |
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