81 FR 11645 - BMW of North America, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 81, Issue 43 (March 4, 2016)

Page Range		11645-11647
FR Document		2016-04862

BMW of North America, LLC (BMW), has determined that certain model year (MY) 2016 BMW 7 Series passenger cars do not fully comply with paragraph S7.7.13.3 of Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, reflective devices and associated equipment. BMW filed a report dated January 21, 2016, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. BMW then petitioned NHTSA under 49 CFR part 556 requesting a decision that the subject noncompliance is inconsequential to motor vehicle safety.

Federal Register, Volume 81 Issue 43 (Friday, March 4, 2016)

[Federal Register Volume 81, Number 43 (Friday, March 4, 2016)]
[Notices]
[Pages 11645-11647]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04862]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0025; 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.

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SUMMARY: BMW of North America, LLC (BMW), has determined that certain 
model year (MY) 2016 BMW 7 Series passenger cars do not fully comply 
with paragraph S7.7.13.3 of Federal Motor Vehicle Safety Standard 
(FMVSS) No. 108, Lamps, reflective devices and associated equipment. 
BMW filed a report dated January 21, 2016, pursuant to 49 CFR part 573, 
Defect and Noncompliance Responsibility and Reports. BMW then 
petitioned NHTSA under 49 CFR part 556 requesting a decision that the 
subject noncompliance is inconsequential to motor vehicle safety.

DATES: The closing date for comments on the petition is April 4, 2016.

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 in the title 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

[[Page 11646]]

(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 comments you have submitted by mail 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.
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated above will 
be filed in the docket 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 
also be published in the Federal Register pursuant to the authority 
indicated at the end of this notice.
    All documents submitted to the 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. The docket ID number for this 
petition is shown at the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in the 
Federal Register published on April 11, 2000, (65 FR 19477-78).

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 5,076 MY 2016 BMW 
7 Series passenger cars that were manufactured between August 03, 2015 
and November 20, 2015.
    III. Noncompliance: BMW states that the rear license plate lamp may 
not fully conform to paragraph S7.7.13.3 of FMVSS No. 108 because it 
exceeds the illumination ratio specified in that paragraph.
    IV. Rule Text: Paragraph S7.7.13.3 of FMVSS No. 108 requires, in 
pertinent part:

    S7.7.13.3 The ratio of the average of the two highest 
illumination values divided by the average of the two lowest 
illumination values must not exceed 20:1 for vehicles other than 
motorcycles and motor driven cycles.

    V. Summary of BMW's Petition: BMW described the subject 
noncompliance and stated its belief that the noncompliance is 
inconsequential to motor vehicle safety for the following reasons:
     The out-of-specification lamps satisfy all other 
requirements of FMVSS No. 108.
     The out-of-specification lamps only deviate from paragraph 
7.7.13.3 of FMVSs No. 108 with regard to the lamp's illumination ratio 
and not the lamp's actual illumination.
     Personnel who participated in a company assessment 
reported no difference in their visual perception of the simulated 
license plates that were used as test specimens.
     BMW has not received any customer complaints related to 
the issue.
     BMW is not aware of any accidents or injuries related to 
this issue.
     NHTSA has previously granted petitions in which the 
illumination of test points remains well above the requirements.
     Vehicle production has been corrected.
    In support of its petition, BMW submitted the following information 
pertaining to laboratory testing and analysis of the subject 
noncompliance:
    (1) FMVSS No. 108 Lamp Certification: BMW submitted a test report 
dated April 7, 2015 pertaining to lamps manufactured by U-SHIN Italia 
S.p.A. (U-SHIN) prior to vehicle production. According to BMW, this 
report indicates that the lamp satisfies FMVSS No. 108 requirements, as 
the ratio of the average of the two highest illumination values divided 
by the average of the two lowest illumination values is 14.1, and FMVSS 
No. 108 requires that the value be less than 20.
    (2) Evaluation by Measurement Equipment: Both BMW and U-SHIN 
performed a number of tests of both in-specification and out-of-
specification lamps to assess the performance of the subject lamps to 
the pertinent requirement of FMVSS No. 108. BMW submitted one 
representative test report for each test condition. The results are as 
follows:

--U-SHIN out-of-specification lamp tests: These showed an illumination 
ratio of 22.0. BMW noted, however, that each of the eight (8) test 
points satisfies the applicable FMVSS No. 108 photometric 
(illumination) requirements.
--BMW out-of-specification lamp tests: BMW performed its own out-of-
specification tests to verify U-SHIN's test results and to obtain 
results for the lamps when equipped within a vehicle. These showed an 
illumination ratio of 22.2. BMW noted, however, that each of the eight 
(8) test points satisfies the applicable FMVSS No. 108 photometric 
(illumination) requirements.
--U-SHIN in-specification lamp tests: These showed an illumination 
ratio of 13.8. As with the previously described tests, BMW noted, 
however, that each of the eight (8) test points satisfies the 
applicable FMVSS No. 108 photometric (illumination) requirements.
--BMW in-specification tests: BMW performed their own in-specification 
tests to verify U-SHIN's test results and to obtain results for the 
lamps when equipped within a vehicle. These showed an illumination 
ratio of 13.9. BMW again noted, however, that each of the eight (8) 
test points satisfies the applicable FMVSS No. 108 applicable 
photometric (illumination) requirements.

    (3) Evaluation by human assessment: In addition to the laboratory 
testing performed by both BMW and U-SHIN using specific lamp 
measurement equipment, BMW also compared the out-of-specification lamps 
to the in-specification lamps via human assessment. BMW performed this 
assessment to determine whether or not the condition caused by the non-
compliance was perceptible to other road users (i.e., drivers 
approaching an affected vehicle) and, if so, its effect on safety.
    BMW submitted photographs that depict the illumination of a test 
specimen simulating a rear license plate by both in-specification and 
out-of-specification lamps. According to BMW, while there may be a 
slightly perceptible difference in the photographs depicting the test 
specimen illuminated by in-specification and out-of-specification 
lamps, this is due to tolerances of the camera equipment related to 
exposure time and shutter speed. BMW stated that the personnel

[[Page 11647]]

who participated in this assessment reported no difference in their 
visual perception of the test specimens.
    Additionally, BMW noted that even for the out-of-specification 
lamp, all of the eight (8) test points satisfy the applicable FMVSS No. 
108 photometric (illumination) requirements. BMW emphasized that the 
noncompliance pertains to the illumination ratio, not to the actual 
lamp illumination. As a consequence, BMW asserts that while the 
noncompliance condition can be measured in a laboratory, it cannot be 
detected by the human eye, and therefore drivers of approaching 
vehicles will be afforded the same level of visibility as if 
approaching a non-affected vehicle. According to BMW, these analyses 
support the conclusion that the condition caused by the noncompliance 
does not affect the safety of affected vehicle occupants or other road 
users such as drivers approaching affected vehicles.
    (4) Field Experience: BMW states that its Customer Relations 
division has not received any contacts from vehicle owners regarding 
the matter at issue. As a consequence, BMW believes that, consistent 
with the results of the laboratory tests and human assessments 
described above, the condition is undetectable to road users such as 
drivers approaching affected vehicles. BMW further notes that it is not 
aware of any accidents or injuries that have occurred as a result of 
the condition.
    (5) Prior NHTSA Rulings: BMW states that NHTSA has previously 
granted petitions from other manufacturers involving various issues 
pertaining to FMVSS No. 108 noncompliance. BMW believes that in some of 
those petitions, the photometry (illumination) of the test points 
remains well above the FMVSS No. 108 requirements as the noncompliance 
has no affect upon the illumination of the test points.
    (6) Vehicle Production: BMW stated that subsequent vehicle 
production has been corrected to conform to paragraph 7.7.13.3 of FMVSS 
No. 108.
    In summation, BMW expressed the belief that the subject 
noncompliance is inconsequential to motor vehicle safety, and that its 
petition, to exempt BMW from providing notification of the 
noncompliance, as required by 49 U.S.C. 30118, and remedying the 
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. 2016-04862 Filed 3-3-16; 8:45 am]
 BILLING CODE 4910-59-P

Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Notices 11647

who participated in this assessment 30120, respectively, to notify owners, program, including a statutory 60-day
reported no difference in their visual purchasers, and dealers of a defect or Congressional notification requirement,
perception of the test specimens. noncompliance and to remedy the which is no later than July 30, 2016. In
Additionally, BMW noted that even defect or noncompliance. Therefore, any order to ensure that the NSFHP grants
for the out-of-specification lamp, all of decision on this petition only applies to are awarded in an expeditious manner
the eight (8) test points satisfy the the subject vehicles that BMW no longer and in the timeframes established by the
applicable FMVSS No. 108 photometric controlled at the time it determined that FAST Act, the Department requests
(illumination) requirements. BMW the noncompliance existed. However, approval of an information collection
emphasized that the noncompliance any decision on this petition does not using OMB’s emergency processing
pertains to the illumination ratio, not to relieve vehicle distributors and dealers system to meet Paperwork Reduction
the actual lamp illumination. As a of the prohibitions on the sale, offer for Act (PRA) requirements.
consequence, BMW asserts that while sale, or introduction or delivery for Information related to this ICR,
the noncompliance condition can be introduction into interstate commerce of including applicable supporting
measured in a laboratory, it cannot be the noncompliant vehicles under their documentation may be obtained by
detected by the human eye, and control after BMW notified them that contacting the NSFHP program manager
therefore drivers of approaching the subject noncompliance existed. via email at NSFHP@dot.gov.
vehicles will be afforded the same level DATES: Comments should be submitted
Authority: 49 U.S.C. 30118, 30120:
of visibility as if approaching a non- delegations of authority at 49 CFR 1.95 and as soon as possible upon publication of
affected vehicle. According to BMW, 501.8. this notice in the Federal Register.
these analyses support the conclusion Comments and questions should be
that the condition caused by the Jeffrey M. Giuseppe,
directed to the Office of Information and
noncompliance does not affect the Director, Office of Vehicle Safety Compliance.
Regulatory Affairs (OIRA), Attn: OST
safety of affected vehicle occupants or [FR Doc. 2016–04862 Filed 3–3–16; 8:45 am]
OMB Desk Officer, 725 17th Street NW.,
other road users such as drivers BILLING CODE 4910–59–P Washington, DC 20503. Comments and
approaching affected vehicles. questions about the ICR identified
(4) Field Experience: BMW states that
below may be transmitted electronically
its Customer Relations division has not DEPARTMENT OF TRANSPORTATION to OIRA at oira_submissions@
received any contacts from vehicle
[Docket No. DOT–OST–2016–0033] omb.eop.gov.
owners regarding the matter at issue. As
a consequence, BMW believes that, SUPPLEMENTARY INFORMATION:
Agency Request for Emergency
consistent with the results of the OMB Control Number: 2105–XXXX
Approval of an Information Collection
laboratory tests and human assessments Title: Supplemental Discretionary
described above, the condition is AGENCY: Office of the Secretary of Grants for a Nationally Significant
undetectable to road users such as Transportation (OST), DOT. Freight and Highway Projects (NSFHP)
drivers approaching affected vehicles. ACTION: Notice and request for program, or NSFHP program.
BMW further notes that it is not aware comments. Type of Review: Emergency
of any accidents or injuries that have information collection request.
occurred as a result of the condition. SUMMARY: In compliance with the Expected Number of Respondents:
(5) Prior NHTSA Rulings: BMW states Paperwork Reduction Act of 1995 (44 Approximately 200.
that NHTSA has previously granted U.S.C. 3501 et seq.), the Department of Frequency: The Department expects
petitions from other manufacturers Transportation (DOT) provides notice that this information collection will
involving various issues pertaining to that it will submit an information occur up to five times—once per fiscal
FMVSS No. 108 noncompliance. BMW collection requests (ICR) to the Office of year—from FY 2016 through FY 2020.
believes that in some of those petitions, Management and Budget (OMB) for Estimated Average Burden per
the photometry (illumination) of the test emergency approval of a proposed Response: 100 hours.
points remains well above the FMVSS information collection. Upon receiving Estimated Total Annual Burden:
No. 108 requirements as the the requested six-month emergency 20,000.
noncompliance has no affect upon the approval by OMB, the Office of the Abstract: On December 4, 2015,
illumination of the test points. Secretary of Transportation (OST) will President Obama signed into law the
(6) Vehicle Production: BMW stated follow the normal PRA procedures to Fixing America’s Surface Transportation
that subsequent vehicle production has obtain extended approval for this Act, or ‘‘FAST Act.’’ It is the first law
been corrected to conform to paragraph proposed information collection. The enacted in over ten years that provides
7.7.13.3 of FMVSS No. 108. collection of information is necessary in long-term funding certainty for surface
In summation, BMW expressed the order to receive applications for grant transportation. The FAST Act
belief that the subject noncompliance is funds pursuant to Section 1105 of the authorized at $4.5 billion for fiscal years
inconsequential to motor vehicle safety, Fixing America’s Surface Transportation (FY) 2016 through 2020, including $800
and that its petition, to exempt BMW (FAST) Act of 2015, which was signed million for FY 2016 to be awarded by
from providing notification of the into law on December 4, 2015. Section the Department of Transportation (the
noncompliance, as required by 49 1105 establishes a new program for OST ‘‘Department’’) on a competitive basis to
U.S.C. 30118, and remedying the to provide Supplemental Discretionary projects of national or regional
noncompliance, as required by 49 Grants for a Nationally Significant significance. The funds provided by
Freight and Highway Projects (NSFHP) NSFHP program will be awarded on a
jstallworth on DSK7TPTVN1PROD with NOTICES

U.S.C. 30120, should be granted.
NHTSA notes that the statutory program. The Department will also refer competitive basis to projects that have a
provisions (49 U.S.C. 30118(d) and to NSFHP grants as Fostering significant impact on the Nation, a
30120(h)) that permit manufacturers to Advancements in Shipping and metropolitan area, or a region. On or
file petitions for a determination of Transportation for the Long-term about the date hereof, the Department
inconsequentiality allow NHTSA to Achievement of National Efficiencies published a solicitation for applications
exempt manufacturers only from the (FASTLANE) grants. The FAST Act for NSFHP grants. The solicitation
duties found in sections 30118 and provides specific deadlines for this announces the availability of funding

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Document Created: 2018-02-02 15:05:32
Document Modified: 2018-02-02 15:05:32

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 April 4, 2016.
FR Citation		81 FR 11645

81 FR 11645 - BMW of North America, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATIONNational Highway Traffic Safety Administration

Federal Register Volume 81, Issue 43 (March 4, 2016)

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration