80 FR 61884 - BMW of North America, LLC, Grant of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 80, Issue 198 (October 14, 2015)

Page Range		61884-61886
FR Document		2015-26062

BMW of North America, LLC, (BMW) a subsidiary of BMW AG in Munich, Germany, has determined that certain model year (MY) 2014 BMW 7 series and 6 series vehicles do not fully comply with paragraph S5.2.1 of Federal Motor Vehicle Safety Standard (FMVSS) No. 101, Controls and Displays. BMW has filed an appropriate report dated December 5, 2013 pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports.

Federal Register, Volume 80 Issue 198 (Wednesday, October 14, 2015)

[Federal Register Volume 80, Number 198 (Wednesday, October 14, 2015)]
[Notices]
[Pages 61884-61886]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-26062]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0146; Notice 2]

BMW of North America, LLC, Grant of Petition for Decision of
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Grant of petition.

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SUMMARY: BMW of North America, LLC, (BMW) a subsidiary of BMW AG in
Munich, Germany, has determined that certain model year (MY) 2014 BMW 7
series and 6 series vehicles do not fully comply with paragraph S5.2.1
of Federal Motor Vehicle Safety Standard (FMVSS) No. 101, Controls and
Displays. BMW has filed an appropriate report dated December 5, 2013
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility
and Reports.

ADDRESSES: For further information on this decision contact Amina
Fisher, Office of Vehicle Safety Compliance, National Highway Traffic
Safety Administration (NHTSA), telephone (202) 366-5307, facsimile
(202) 366-5930.

SUPPLEMENTARY INFORMATION:
I. BMW's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) and
the rule implementing those provisions 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.
Notice of receipt of BMW's petition was published, with a 30-day
public comment period, on June 6, 2014 in the Federal Register (FR
32815). No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System
(FDMS) Web site at: http://www.regulations.gov/. Then follow the online
search instructions to locate docket number ``NHTSA-2013-0146.''
II. Vehicles Involved: Affected are approximately 5,806 of the
following MY 2014 BMW vehicles:
2014 BMW 7 Series manufactured between July 1, 2013 and November 4,
2013;
2014 BMW 6 Series Coupe M Sport Edition manufactured between May
15, 2013 and October 29, 2013;
2014 BMW 6 Series Grand Coupe M Sport Edition manufactured between
May 15, 2013 and July 30, 2013; and
2014 BMW 6 Series Convertible M Sport Edition manufactured between
April 2, 2013 and October 29, 2013.
III. Noncompliance: BMW explains that while using in-vehicle
controls and displays, there is a possibility for the vehicle operator
or front seat passenger to enable the speedometer to display vehicle
speed in units of either only miles-per-hour (mph) or only kilometers-
per-hour (km/h). Since all vehicles sold in the U.S. must display
vehicle speeds in mph, or mph and km/h these vehicles fail to fully
meet the requirements set forth in paragraph S5.2.1 of FMVSS No. 101.
IV. Rule Text: 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 . . .

Table 1--Controls, Telltales, and Indicators With Illumination or Color Requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
Column 5
Column 1 item Column 2 symbol Column 3 words or abbreviations Column 4 function illumination Column 6 color
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
Speedometer............. ........................ MPH, or MPH and km/h \14\ Indicator Yes .......................

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
* * * * * * *
14. If the speedometer is graduated in both miles per hour and in kilometers per hour, the scales must be identified ``MPH'' and ``km/h'', respectively,
in any combination of upper- and lowercase letters. . . .

[[Page 61885]]

V. Summary of BMW's Analyses: BMW stated its belief that the
subject noncompliance is inconsequential to motor vehicle safety for
the following reasons:
1. BMW states that vehicles are initially delivered for first-sale
in a compliant state (speed display in miles-per-hour) and that it is
only through driver (or passenger) interaction within the Settings menu
that the display can be changed from miles-per-hour to kilometers-per-
hour. BMW believes that this adjustment cannot be accomplished
inadvertently.
2. BMW states that the two speedometer scales are noticeably
different, and that if a previous driver changed the units, a
subsequent driver would be able to tell at a glance that the scale is
not in miles-per-hour.
3. BMW states that the indicated vehicle speed in km/h is 1.6 times
greater than speed in mph. BMW believes that if a vehicle operator
changes the display to indicate km/h and later forgets that the change
had been made, the operator will clearly recognize that the vehicle is
moving at a lower speed than intended and adjust the vehicle speed to
match road and traffic conditions. This should signal the operator (at
the next appropriate opportunity) to perform the necessary steps to
adjust the speedometer.
4. BMW also states that the vehicle's Owner Manual contains
information pertaining to the use of the iDrive\TM\ controller to
change the units displayed within the ``Settings'' menu. Therefore, if
a vehicle operator needs to reconfigure the display to indicate mph,
instructions are available.
5. BMW further states that the vehicle's Owner Manual and Service
and Warranty Book contain the toll-free telephone number for BMW
Customer Relations. Additionally, the in-vehicle iDrive\TM\ system
offers the vehicle operator a BMW Customer Relations menu option to
directly contact BMW Customer Relations via the embedded wireless
communications module. Therefore, if a vehicle operator notices that
the speed is incorrectly displayed in km/h and does not know how to
reset the speed to display in mph, e.g., as set by a prior operator,
the vehicle operator can easily contact BMW Customer Relations for
assistance.
6. BMW is not aware of any contacts from vehicle operators
regarding this issue.
7. BMW is also not aware of any accidents or injuries that have
occurred as a result of this issue.
BMW has additionally informed NHTSA that it has corrected the
noncompliance so that all future production vehicles will comply with
FMVSS No. 101.
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 Decision

NHTSA Analysis: NHTSA has reviewed BMW's justification for an
inconsequential noncompliance determination and agrees that the subject
noncompliance is inconsequential to motor vehicle safety.
BMW explained that the affected vehicles are delivered in a
compliant state with the speedometer displaying miles-per-hour (mph)
and that switching the display to kilometers-per-hour (km/h) could not
be done inadvertently because the driver (or passenger) would have to
complete multiple interactions within the vehicle's settings menu to
make the change. NHTSA agrees with BMW that it is unlikely that the
switch from mph to km/h could be done inadvertently because several
physical actions are required by the operator to make the change. We
believe that if an operator were to make this change it would be done
intentionally and with some understanding of the implications, and that
such a change would not cause any impact to vehicle safety.
Furthermore, we believe that the vast majority of the owners of these
vehicles will continue to operate these vehicles as purchased (with the
speed identified in mph) and never attempt to change to the metric
units.
Next, BMW stated that the speedometer scales are noticeably
different and provided figures showing the speedometer appearance with
each different unit of measure. BMW explained that if a previous driver
changed the units being displayed a subsequent driver would be able to
tell at a glance which scale is being used. The agency reviewed the
speedometer figures provided by BMW indicating the different units of
measure. We agree that it is easy to identify the units of measure
being used because the abbreviated units are clearly labeled in the top
center of the speedometer. We believe that the act of a driver
realizing the vehicle is indicating speed in km/h instead of mph would
not cause any unintended or unsafe actions by the driver and would thus
be inconsequential to motor vehicle safety. In this case, once a driver
realized the speedometer was indicating in km/h, we anticipate the
driver would want to change the speedometer back to mph, and would
refer to the owner's manual or BMW's customer assistance for guidance.
Lastly, BMW stated its belief that because indicated vehicle speed
in km/h is 1.6 times greater than the same speed in mph, a driver who
does not initially notice that a vehicle's speed indication is in km/h
would soon recognize that the vehicle is moving at a speed much slower
than the surrounding traffic and will adjust accordingly to match road
and traffic conditions. With some caution, we agree with BMW's
assessment. While a vehicle traveling as much as 1.6 times slower could
hamper the natural flow of traffic, we believe that affected drivers
would in-fact adjust their speed to the surrounding traffic and then,
at the next appropriate opportunity, perform the necessary steps to
adjust the speedometer back to mph.
NHTSA Decision: In consideration of the foregoing, NHTSA has
decided that BMW has met its burden of persuasion that the FMVSS No.
101 noncompliance is inconsequential to motor vehicle safety.
Accordingly, BMW's petition is hereby granted and BMW is exempted from
the obligation of providing notification of, and a remedy for, that
noncompliance under 49 U.S.C. 30118 and 30120.
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, this decision
only applies to the subject noncompliant vehicles that BMW no longer
controlled at the time it determined that the noncompliance existed.
However, the granting of 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.

[[Page 61886]]

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. 2015-26062 Filed 10-13-15; 8:45 am]
BILLING CODE 4910-59-P

61886 Federal Register / Vol. 80, No. 198 / Wednesday, October 14, 2015 / Notices

Authority: (49 U.S.C. 30118, 30120: Docket: For access to the dockets to a risk-based timeline for the retrofit of
delegations of authority at 49 CFR 1.95 and read background documents or existing tank cars to meet an enhanced
501.8). comments received, go to http:// Casualty Prevention Circular (CPC–
Jeffrey M. Giuseppe, www.regulations.gov. 1232) standard when used as part of an
Director, Office of Vehicle Safety Compliance. FOR FURTHER INFORMATION CONTACT: HHFT. The retrofit timeline focuses on
[FR Doc. 2015–26062 Filed 10–13–15; 8:45 am] Steven Andrews or T. Glenn Foster, two risk factors, the packing group and
BILLING CODE 4910–59–P Standards and Rulemaking Division differing types of DOT–111 and CPC–
(PHH–12), Pipeline and Hazardous 1232 tank cars. The timeline provides
Materials Safety Administration, 1200 an accelerated risk reduction that more
DEPARTMENT OF TRANSPORTATION New Jersey Avenue SE., East Building, appropriately addresses the overall risk.
2nd Floor, Washington, DC 20590–0001, The timeline is provided in the
Pipeline and Hazardous Materials Telephone (202) 366–8553. §§ 173.241, 173.242, and 173.243 tables
Safety Administration
SUPPLEMENTARY INFORMATION: Section
of the final rulemaking [80 FR 26643]
[Docket No. PHMSA–2012–0082 (Notice No. 1320.8 (d), Title 5, Code of Federal and includes a January 1, 2017 deadline
15–16)] Regulations requires PHMSA to provide for of non-jacketed DOT–111 tank cars
interested members of the public and in PG I service in an HHFT. Not
Hazardous Materials: Information affected agencies an opportunity to adhering to the January 1, 2017 deadline
Collection Activities comment on information collection and would trigger a reporting requirement.
AGENCY: Pipeline and Hazardous recordkeeping requests. This notice This reporting requirement would
Materials Safety Administration identifies an information collection require owners of non-jacketed DOT–
(PHMSA), Department of Transportation request that PHMSA will be submitting 111 tank cars in Packing Group I service
(DOT). to OMB for revision. This information in an HHFT to report to DOT the
collection request is contained in 49 following information regarding the
ACTION: Notice and request for
CFR part 174 of the Hazardous Materials retrofitting progress:
comments.
Regulations (HMR; 49 CFR parts 171– • The total number of tank cars
SUMMARY: In accordance with the 180). PHMSA has revised the burden retrofitted to meet the DOT–117R
Paperwork Reduction Act of 1995, estimate, where appropriate, to reflect specification;
PHMSA invites comments on its current reporting levels or adjustments • The total number of tank cars built
intention to revise an information based on changes described in this or retrofitted to meet the DOT–117P
collection under Office of Management notice. The following information is specification;
and Budget (OMB) Control Number provided for the information collection: • The total number of DOT–111 tank
2137–0628, ‘‘Flammable Hazardous (1) Title of the information collection, cars (including those built to CPC–1232
Materials by Rail Transportation.’’ This including former title if a change is industry standard) that have not been
reporting requirement would require being made; (2) OMB control number; modified;
tank car owners to report their progress (3) summary of the information • The total number of tank cars built
in the retrofitting of tank cars to the collection activity; (4) description of
Department of Transportation (DOT). to meet the DOT–117 specification; and
affected public; (5) estimate of total
DATES: Interested persons are invited to
• The total number of tank cars built
annual reporting and recordkeeping
submit comments on, or before or retrofitted to a DOT–117, 117R, or
burden; and (6) frequency of collection.
November 13, 2015. 117P specification that are
PHMSA will request a three-year term of
Electronically Controlled Pneumatic
ADDRESSES: Send comments regarding approval for the information collection
(ECP) brake ready or ECP brake
the burden estimate, including activity and, when approved by OMB,
equipped.
suggestions for reducing the burden, by publish a notice of the approval in the
mail to the Office of Information and Federal Register. Although this reporting requirement
Regulatory Affairs, Office of PHMSA requests comments on the applies to individual owners of non-
Management and Budget, Attention: following information collection: jacketed DOT–111 tank cars in PG I
Desk Officer for DOT–PHMSA, 725 17th Title: Flammable Hazardous Materials service in an HHFT, DOT would accept
Street NW., Washington, DC 20503, by by Rail Transportation. a consolidated report from a group
fax, 202–395–5806, or by email, to OMB Control Number: 2137–0628. representing the affected industries.
OIRA_Submission@omb.eop.gov. Summary: This information collection Furthermore, while not adhering to the
Comments should refer to the pertains to requirements for the creation January 1, 2017 retrofit deadline triggers
information collection by title and/or of a sampling and testing program for an initial reporting requirement, it
OMB Control Number. unrefined petroleum-based products would also trigger a requirement which
We invite comments on: (1) Whether and rail routing for High Hazard would authorize the Secretary of
the proposed collection of information Flammable Trains (HHFTs) a, routing Transportation to request additional
is necessary for the proper performance requirements for rail operators, and the reports of the above information with
of the functions of the Department, reporting of incidents that may occur reasonable notice.
including whether the information will from HFFTs. PHMSA received comments on the
have practical utility; (2) the accuracy of In the final rule entitled ‘‘Enhanced 60-Day Notice (80 FR 27844) for the
the Department’s estimate of the burden Tank Car Standards and Operational revision to this collection from the
of the proposed information collection; Controls for High-Hazard Flammable American Fuel & Petrochemical
tkelley on DSK3SPTVN1PROD with NOTICES

(3) ways to enhance the quality, utility, Trains’’ PHMSA and the Federal Manufacturers (AFPM) and the
and clarity of the information to be Railroad Administration (FRA) adopted Oklahoma Department of Transportation
collected; and (4) ways to minimize the (DOT) both in support of the tank car
a An HHFT means a single train transporting 20
burden of the collection of information retrofit reporting requirements. AFPM
or more loaded tank cars of a Class 3 flammable
on respondents, including the use of liquid in a continuous block or a single train
states that expanding the final rule’s
automated collection techniques or carrying 35 or more loaded tank cars of a Class 3 reporting requirement would improve
other forms of information technology. flammable liquid throughout the train consist. the understanding of how the retrofit

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Document Created: 2018-02-27 08:50:15
Document Modified: 2018-02-27 08:50:15

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		Grant of petition.
FR Citation		80 FR 61884

80 FR 61884 - BMW of North America, LLC, Grant of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATIONNational Highway Traffic Safety Administration

Federal Register Volume 80, Issue 198 (October 14, 2015)

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration