81 FR 58001 - BMW of North America, LLC, Denial of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 81, Issue 164 (August 24, 2016)
National Highway Traffic Safety Administration
Federal Register Volume 81, Issue 164 (August 24, 2016)
| Page Range | 58001-58002 | |
| FR Document | 2016-20250 |
[Federal Register Volume 81, Number 164 (Wednesday, August 24, 2016)] [Notices] [Pages 58001-58002] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-20250] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2015-0031; Notice 2] BMW of North America, LLC, Denial of Petition for Decision of Inconsequential Noncompliance AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT) ACTION: Denial of petition. ----------------------------------------------------------------------- SUMMARY: BMW of North America, LLC (BMW), a subsidiary of BMW AG in Munich, Germany, has determined that certain model year (MY) 2014-2015 BMW R nineT motorcycles do not fully comply with paragraph S6.4.3(a) (Table V-b) of Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices and Associated Equipment. BMW has filed an appropriate report dated February 20, 2015, 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. ADDRESSES: For further information on this decision contact Mike Cole, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366-5319, facsimile (202) 366-5930. 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. Notice of receipt of BMW's petition was published, with a 30-day public comment period, on June 4, 2015 in the Federal Register (80 FR 31966). 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-2015-0031.'' II. Motorcycles Involved: Affected are approximately 1,792 MY 2014- 2015 BMW R nineT motorcycles manufactured between November 27, 2013 and January 26, 2015. III. Noncompliance: BMW explains that, due to an obstruction caused by the tail lamp assembly, the noncompliance is that the rear turn signal lamps were manufactured with a corner point of 5[deg]IB. The turn signal lamps should have had a corner point of 20[deg]IB as required by paragraph S6.4.3(a) (Table V-b) of FMVSS No. 108. BMW has since revised its petition to indicate that the obstructed lens area was 666 sq-mm and that the photometric test point (20[deg]IB/ 5[deg] down) was also obstructed and measured only 1.1 cd (FMVSS No. 108, S6.1.3.1 and S7.1.2.13.2). IV. Rule Text: FMVSS No 108 requires in pertinent part: Paragraph S6.1.3.1: Each lamp, reflective device, and item of associated equipment must be securely mounted on a rigid part of the vehicle, other than glazing, that is not designed to be removed except for repair, within the mounting location and height limits as specified in Table I, and in a location where it complies with all applicable photometric requirements, effective projected luminous lens area requirements, and visibility requirements with all obstructions considered; Paragraph S6.4.3(a): When a vehicle is equipped with any lamp listed in Table V-b each such lamp must provide not less than 1250 sq mm of unobstructed effective projected luminous lens area in any direction throughout the pattern defined by the corner points specified in Table V-b for each such lamp; Paragraph S7.1.2.13.2: As an alternative to S7.1.2.13.1, a rear turn signal lamp installed on a motorcycle may be designed to conform to the photometry requirements of Table XIII-a. V. Summary of BMW's Analyses: BMW stated its belief that the subject noncompliance is inconsequential to motor vehicle safety for the following reasons: (A) BMW states that when the subject motorcycles are upright on a level surface and equipped with standard tires at their recommended cold tire inflation pressure; the lower edge of the rear turn signal lenses are approximately 747 mm above ground, the lower edge of the tail lamp lens is approximately 710 mm above ground and the tail lamp lens extend upward. BMW believes that due to these geometric conditions there is some overlap in the vertical direction between the rear turn signal lenses and the tail lamp lens however, they are not aligned along the same longitudinal centerline [of the turn signals]. Specifically, the tail lamp is on the motorcycle's longitudinal centerline while the rear turn signals are on stalks offset from the centerline. As a result, BMW believes that this has a very minor affect upon the effective projected luminous lens area. (B) BMW stated its belief that the obstruction from the tail lamp only occurs if another road user in a following vehicle has an eye- point of approximately 747 mm above ground (extremely low for an average vehicle) and is a worst-case-scenario. For other road users with a higher eye-point, there is no apparent obstruction and the turn signal would appear to meet the requirements of FMVSS No. 108. (C) BMW also stated its belief that the effect of the noncompliance, i.e., the overlap or interference of the turn signal lamp by the tail lamp does not occur during critical traffic conditions. A road user, who is following an affected motorcycle, and in the same lane as an affected motorcycle, will be able to fully view an affected motorcycle's rear turn signal at a distance of approximately 1,935 mm (approximately 6 ft). BMW believes that in most traffic conditions, a road user would not want to be closer to a motorcycle than 6 ft. Thus, this ``non-visible'' rear turn signal condition is not likely to occur during the vast majority of traffic conditions. BMW provided detailed analysis of specific travel conditions including following directly behind an affected motorcycle and overtaking/passing an affected motorcycle that it believes supports its conclusion that the condition caused by the subject noncompliance will not interfere with the safety of the motorcycle rider or another road user. (D) BMW Customer Relations has not received any contacts from motorcycle riders, or other road users regarding this issue. Also, BMW is 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 of the subject vehicles will fully comply with FMVSS No. 108. In summation, BMW believes that the described noncompliance of the subject motorcycles 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 noncompliance as required by 49 U.S.C. 30120 should be granted. NHTSA'S Decision NHTSA's Analysis of BMW's Arguments: BMW stated that a number [[Page 58002]] of traffic conditions were analyzed to determine whether the noncompliance is perceptible to other road users and, if so, its affect upon safety. The first condition BMW reviewed was the rear turn signal mounting height. BMW indicates that for another road user with a higher eye- point, there is no apparent obstruction \1\ and the turn signal would appear to meet the requirements of FMVSS No. 108. While many road users will have higher eye-points on a flat road than the mounting height of these lamps, the downward requirements applicable to lamps are generally necessary for instances when other road users are below the preceding vehicles, such as vehicles cresting a hill. NHTSA has previously relaxed the provisions of downward photometric test angles for low mounted turn signal lamps,\2\ however, this provision would not apply to BMW's turn signal lamps due to their moderately higher mounting height. Regardless, even for lower mounted lamps, the photometric test angles were relaxed at test points that were 15[deg] down and 10[deg] down only. Essentially, any photometric requirements for a low mounted turn signal lamp at the 15[deg] down and 10[deg] down locations are allowed to be met at 5[deg] down. In the instant case, BMW's turn signal lamps (as installed) at the 20[deg]IB/5[deg] down test point are 75% below the required minimum photometric requirements. As such, we are not compelled by BMW's argument on this point. --------------------------------------------------------------------------- \1\ BMW later indicated that the obstruction of the turn signal that created the noncompliance was due to a redesigned stop lamp. \2\ See Final Rule at 69 FR 48805, August 11, 2004 --------------------------------------------------------------------------- The second condition that BMW reviewed was a traffic condition of ``Following Directly Behind an Affected Motorcycle.'' BMW's analysis in this case assumes that the motorcycle and following vehicle are in the same lane, and the motorcycle is on the left side of the lane directly in front (and inline) with the driver of the following vehicle. BMW argues that the following driver would have to be closer than 6 feet from the motorcycle for the lamp to become obstructed and that would be unlikely unless they were in bumper to bumper traffic. However, BMW did not analyze the case where the motorcycle and the following vehicle were in the same lane, but the motorcycle was oriented on the right hand side of the lane. In this instance, the motorcycle could be offset by 7.5 feet or more to the opposite side of the following driver, and the distance from the motorcycle where the right turn signal lamp would begin to become obstructed would be over 65 feet. This situation could occur when the motorcyclist is preparing for a right hand turn and the following driver may not receive the signal that the motorcycle is about to slow down for the turn. As such, we are not compelled by BMW's argument on this point. The third condition that BMW reviewed was a traffic condition of ``Overtaking/Passing an Affected Motorcycle.'' BMW's analysis in this case assumes that the following vehicle is not in the same lane as the motorcycle and that if the motorcyclist used its turn signal to indicate a turn into the same lane as the following vehicle, the turn signal lamp would not be obstructed. In this case, where a motorcyclist indicates a turn into the same lane as a following vehicle, NHTSA agrees that the turn signal lamp on that side would not be obstructed. NHTSA's Decision: In consideration of the foregoing, NHTSA finds that BMW has not met its burden of persuasion that the subject FMVSS No. 108 noncompliance described is inconsequential to motor vehicle safety. Accordingly, BMW's petition is hereby denied and BMW is obligated to provide notification of, and a free remedy for, that noncompliance under 49 U.S.C. 30118 and 30120. Authority: 49 U.S.C. 30118, 30120: delegations of authority at 49 CFR 1.95 and 501.8. Gregory K. Rea, Associate Administrator for Enforcement. [FR Doc. 2016-20250 Filed 8-23-16; 8:45 am] BILLING CODE 4910-59-P
![Federal Register / Vol. 81, No. 164 / Wednesday, August 24, 2016 / Notices 58001
Dated: August 16, 2016. II. Motorcycles Involved: Affected are tail lamp is on the motorcycle’s
T. Mitchell Hudson, Jr., approximately 1,792 MY 2014–2015 longitudinal centerline while the rear
Secretary, Maritime Administration. BMW R nineT motorcycles turn signals are on stalks offset from the
[FR Doc. 2016–20224 Filed 8–23–16; 8:45 am] manufactured between November 27, centerline. As a result, BMW believes
BILLING CODE 4910–81–P 2013 and January 26, 2015. that this has a very minor affect upon
III. Noncompliance: BMW explains the effective projected luminous lens
that, due to an obstruction caused by the area.
DEPARTMENT OF TRANSPORTATION tail lamp assembly, the noncompliance (B) BMW stated its belief that the
is that the rear turn signal lamps were obstruction from the tail lamp only
National Highway Traffic Safety manufactured with a corner point of occurs if another road user in a
Administration 5°IB. The turn signal lamps should have following vehicle has an eye-point of
[Docket No. NHTSA–2015–0031; Notice 2] had a corner point of 20°IB as required approximately 747 mm above ground
by paragraph S6.4.3(a) (Table V–b) of (extremely low for an average vehicle)
BMW of North America, LLC, Denial of FMVSS No. 108. and is a worst-case-scenario. For other
Petition for Decision of BMW has since revised its petition to road users with a higher eye-point, there
Inconsequential Noncompliance indicate that the obstructed lens area is no apparent obstruction and the turn
was 666 sq-mm and that the signal would appear to meet the
AGENCY: National Highway Traffic photometric test point (20°IB/5° down) requirements of FMVSS No. 108.
Safety Administration (NHTSA), was also obstructed and measured only (C) BMW also stated its belief that the
Department of Transportation (DOT) 1.1 cd (FMVSS No. 108, S6.1.3.1 and effect of the noncompliance, i.e., the
ACTION: Denial of petition. S7.1.2.13.2). overlap or interference of the turn signal
IV. Rule Text: FMVSS No 108 requires lamp by the tail lamp does not occur
SUMMARY: BMW of North America, LLC during critical traffic conditions. A road
(BMW), a subsidiary of BMW AG in in pertinent part:
user, who is following an affected
Munich, Germany, has determined that Paragraph S6.1.3.1: Each lamp, reflective motorcycle, and in the same lane as an
certain model year (MY) 2014–2015 device, and item of associated equipment
must be securely mounted on a rigid part of
affected motorcycle, will be able to fully
BMW R nineT motorcycles do not fully view an affected motorcycle’s rear turn
comply with paragraph S6.4.3(a) (Table the vehicle, other than glazing, that is not
designed to be removed except for repair, signal at a distance of approximately
V–b) of Federal Motor Vehicle Safety 1,935 mm (approximately 6 ft). BMW
within the mounting location and height
Standard (FMVSS) No. 108, Lamps, limits as specified in Table I, and in a believes that in most traffic conditions,
Reflective Devices and Associated location where it complies with all a road user would not want to be closer
Equipment. BMW has filed an applicable photometric requirements, to a motorcycle than 6 ft. Thus, this
appropriate report dated February 20, effective projected luminous lens area ‘‘non-visible’’ rear turn signal condition
2015, pursuant to 49 CFR part 573, requirements, and visibility requirements is not likely to occur during the vast
Defect and Noncompliance with all obstructions considered;
Paragraph S6.4.3(a): When a vehicle is
majority of traffic conditions. BMW
Responsibility and Reports. BMW then
equipped with any lamp listed in Table V- provided detailed analysis of specific
petitioned NHTSA under 49 CFR part
b each such lamp must provide not less than travel conditions including following
556 requesting a decision that the
1250 sq mm of unobstructed effective directly behind an affected motorcycle
subject noncompliance is
projected luminous lens area in any direction and overtaking/passing an affected
inconsequential to motor vehicle safety. throughout the pattern defined by the corner motorcycle that it believes supports its
ADDRESSES: For further information on points specified in Table V–b for each such conclusion that the condition caused by
this decision contact Mike Cole, Office lamp; the subject noncompliance will not
of Vehicle Safety Compliance, the Paragraph S7.1.2.13.2: As an alternative to interfere with the safety of the
National Highway Traffic Safety S7.1.2.13.1, a rear turn signal lamp installed
motorcycle rider or another road user.
Administration (NHTSA), telephone on a motorcycle may be designed to conform
to the photometry requirements of Table (D) BMW Customer Relations has not
(202) 366–5319, facsimile (202) 366– received any contacts from motorcycle
5930. XIII–a.
riders, or other road users regarding this
SUPPLEMENTARY INFORMATION: V. Summary of BMW’s Analyses: issue. Also, BMW is not aware of any
I. BMW’s Petition: Pursuant to 49 BMW stated its belief that the subject accidents or injuries that have occurred
U.S.C. 30118(d) and 30120(h) (see noncompliance is inconsequential to as a result of this issue.
implementing rule at 49 CFR part 556), motor vehicle safety for the following BMW has additionally informed
BMW submitted a petition for an reasons: NHTSA that it has corrected the
exemption from the notification and (A) BMW states that when the subject noncompliance so that all future
remedy requirements of 49 U.S.C. motorcycles are upright on a level production of the subject vehicles will
Chapter 301 on the basis that this surface and equipped with standard fully comply with FMVSS No. 108.
noncompliance is inconsequential to tires at their recommended cold tire In summation, BMW believes that the
motor vehicle safety. inflation pressure; the lower edge of the described noncompliance of the subject
Notice of receipt of BMW’s petition rear turn signal lenses are motorcycles is inconsequential to motor
was published, with a 30-day public approximately 747 mm above ground, vehicle safety, and that its petition, to
comment period, on June 4, 2015 in the the lower edge of the tail lamp lens is exempt BMW from providing recall
Federal Register (80 FR 31966). No approximately 710 mm above ground notification of noncompliance as
comments were received. To view the and the tail lamp lens extend upward.
mstockstill on DSK3G9T082PROD with NOTICES
required by 49 U.S.C. 30118 and
petition and all supporting documents BMW believes that due to these remedying the noncompliance as
log onto the Federal Docket geometric conditions there is some required by 49 U.S.C. 30120 should be
Management System (FDMS) Web site overlap in the vertical direction between granted.
at: http://www.regulations.gov/. Then the rear turn signal lenses and the tail
follow the online search instructions to lamp lens however, they are not aligned NHTSA’S Decision
locate docket number ‘‘NHTSA–2015– along the same longitudinal centerline NHTSA’s Analysis of BMW’s
0031.’’ [of the turn signals]. Specifically, the Arguments: BMW stated that a number
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![58002 Federal Register / Vol. 81, No. 164 / Wednesday, August 24, 2016 / Notices
of traffic conditions were analyzed to situation could occur when the Syrian Lebanese Commercial Bank, as a
determine whether the noncompliance motorcyclist is preparing for a right financial institution of primary money
is perceptible to other road users and, if hand turn and the following driver may laundering concern. This request for
so, its affect upon safety. not receive the signal that the comments is being made pursuant to the
The first condition BMW reviewed motorcycle is about to slow down for Paperwork Reduction Act of 1995
was the rear turn signal mounting the turn. As such, we are not compelled (‘‘PRA’’), Public Law 104–13, 44 U.S.C.
height. BMW indicates that for another by BMW’s argument on this point. 3506(c)(2)(A).
road user with a higher eye-point, there The third condition that BMW DATES: Written comments are welcome
is no apparent obstruction 1 and the turn reviewed was a traffic condition of and must be received on or before
signal would appear to meet the ‘‘Overtaking/Passing an Affected October 24, 2016.
requirements of FMVSS No. 108. While Motorcycle.’’ BMW’s analysis in this ADDRESSES: You may submit comments
many road users will have higher eye- case assumes that the following vehicle identified by OMB Control Number
points on a flat road than the mounting is not in the same lane as the motorcycle 1506–0036, by any of the following
height of these lamps, the downward and that if the motorcyclist used its turn methods:
requirements applicable to lamps are signal to indicate a turn into the same • Federal E-Rulemaking Portal:
generally necessary for instances when lane as the following vehicle, the turn http://www.regulations.gov. Follow the
other road users are below the preceding signal lamp would not be obstructed. In instructions for submitting comments.
vehicles, such as vehicles cresting a hill. this case, where a motorcyclist indicates • Mail: Written comments should be
NHTSA has previously relaxed the a turn into the same lane as a following submitted to: Financial Crimes
provisions of downward photometric vehicle, NHTSA agrees that the turn Enforcement Network, P.O. Box 39,
test angles for low mounted turn signal signal lamp on that side would not be Vienna, VA 22183, Attention: Comment
lamps,2 however, this provision would obstructed. Request; Imposition of Special Measure
not apply to BMW’s turn signal lamps NHTSA’s Decision: In consideration against Commercial Bank of Syria.
due to their moderately higher of the foregoing, NHTSA finds that • Please submit by one method only.
mounting height. Regardless, even for BMW has not met its burden of • All comments submitted by either
lower mounted lamps, the photometric persuasion that the subject FMVSS No. method in response to this notice will
test angles were relaxed at test points 108 noncompliance described is become a matter of public record.
that were 15° down and 10° down only. inconsequential to motor vehicle safety. Therefore, you should submit only
Essentially, any photometric Accordingly, BMW’s petition is hereby information that you wish to make
requirements for a low mounted turn denied and BMW is obligated to provide publicly available.
signal lamp at the 15° down and 10° notification of, and a free remedy for, Inspection of comments: Comments,
down locations are allowed to be met at that noncompliance under 49 U.S.C. when received, are viewable on the
5° down. In the instant case, BMW’s 30118 and 30120. Regulations.gov public Web site.
turn signal lamps (as installed) at the Persons wishing to review the
Authority: 49 U.S.C. 30118, 30120:
20°IB/5° down test point are 75% below delegations of authority at 49 CFR 1.95 and comments submitted may access the
the required minimum photometric 501.8. posted comments by going to https://
requirements. As such, we are not www.regulations.gov and search on
compelled by BMW’s argument on this Gregory K. Rea,
OMB Control Number 1506–0036.
point. Associate Administrator for Enforcement.
FOR FURTHER INFORMATION CONTACT: The
The second condition that BMW [FR Doc. 2016–20250 Filed 8–23–16; 8:45 am]
reviewed was a traffic condition of FinCEN Resource Center at 1–800–767–
BILLING CODE 4910–59–P
‘‘Following Directly Behind an Affected 2825 or 1–703–905–3591 (not a toll free
Motorcycle.’’ BMW’s analysis in this number) and select option 3 for
case assumes that the motorcycle and regulatory questions. Email inquiries
DEPARTMENT OF THE TREASURY can be sent to FRC@fincen.gov.
following vehicle are in the same lane,
and the motorcycle is on the left side of Financial Crimes Enforcement Network SUPPLEMENTARY INFORMATION:
the lane directly in front (and inline) Abstract: The Director of the
with the driver of the following vehicle. Proposed Renewal Without Change; Financial Crimes Enforcement Network
BMW argues that the following driver Comment Request; Imposition of (‘‘FinCEN’’) is the delegated
would have to be closer than 6 feet from Special Measure Against Commercial administrator of the Bank Secrecy Act
the motorcycle for the lamp to become Bank of Syria, Including Its Subsidiary (‘‘BSA’’). The Act authorizes the
obstructed and that would be unlikely Syrian Lebanese Commercial Bank, as Director to issue regulations to require
unless they were in bumper to bumper a Financial Institution of Primary all financial institutions defined as such
traffic. However, BMW did not analyze Money Laundering Concern pursuant to the Act to maintain or file
the case where the motorcycle and the certain reports or records that have been
AGENCY: Financial Crimes Enforcement determined to have a high degree of
following vehicle were in the same lane,
Network, Department of the Treasury. usefulness in criminal, tax, or regulatory
but the motorcycle was oriented on the
right hand side of the lane. In this ACTION: Notice and request for investigations or proceedings, or in the
instance, the motorcycle could be offset comments. conduct of intelligence or counter-
by 7.5 feet or more to the opposite side intelligence activities, including
SUMMARY: As part of our continuing analysis, to protect against international
of the following driver, and the distance
effort to reduce paperwork and
mstockstill on DSK3G9T082PROD with NOTICES
from the motorcycle where the right terrorism.1 Regulations implementing
respondent burden, FinCEN invites
turn signal lamp would begin to become
comment on a renewal, without change, 1 Public Law 91–508, as amended and codified at
obstructed would be over 65 feet. This
to information collection requirements 12 U.S.C. 1829b, 12 U.S.C. 1951–1959 and 31 U.S.C.
finalized on March 15, 2006 (71 FR 5311–5332. Language expanding the scope of the
1 BMW later indicated that the obstruction of the
BSA to intelligence or counter-intelligence
turn signal that created the noncompliance was due 13260, RIN 1506–AA64), imposing a activities to protect against international terrorism
to a redesigned stop lamp. special measure against the Commercial was added by section 358 of the Uniting and
2 See Final Rule at 69 FR 48805, August 11, 2004 Bank of Syria, including its subsidiary Strengthening America by Providing Appropriate
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Document Created: 2016-08-24 03:03:08
Document Modified: 2016-08-24 03:03:08
| 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 | Denial of petition. | |
| FR Citation | 81 FR 58001 |
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