81_FR_63147 81 FR 62970 - BMW of North America, LLC, Grant of Petition for Decision of Inconsequential Noncompliance

81 FR 62970 - BMW of North America, LLC, Grant of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 81, Issue 177 (September 13, 2016)

Page Range62970-62972
FR Document2016-21978

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 filed a report dated October 22, 2014, 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 177 (Tuesday, September 13, 2016)
[Federal Register Volume 81, Number 177 (Tuesday, September 13, 2016)]
[Notices]
[Pages 62970-62972]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21978]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2014-0118; 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.

-----------------------------------------------------------------------

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 filed a report dated October 22, 2014, pursuant to 
49 CFR part 573, Defect and Noncompliance Responsibility and Reports. 
BMW then petitioned NHTSA under 49 CFR part 556 requesting a

[[Page 62971]]

decision that the subject noncompliance is inconsequential to motor 
vehicle safety.

ADDRESSES: For further information on this decision contact Stu Seigel, 
Office of Vehicle Safety Compliance, the National Highway Traffic 
Safety Administration (NHTSA), telephone (202) 366-5287, facsimile 
(202) 366-7002.

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 April 3, 2015 in the Federal Register (80 FR 
18294). 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-2014-0118.''
    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 the vehicles were originally equipped with 18-inch tires and rims. 
The vehicles were actually originally equipped 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 
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 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's Decision

    NHTSA's Analysis: The 68 affected vehicles were all originally 
equipped with 19 inch tires but the Part 567 certification label on 
these vehicles incorrectly only lists rim type and size information for 
an 18 inch tire violating the requirements of FMVSS No. 110 section 
S4.3.3., which effectively requires that the rim size on the label be 
appropriate for the tire size installed on the vehicle as original 
equipment. Additionally, for some of the 68 vehicles, the FMVSS No.110 
required vehicle placard lists information for an 18 inch tire, 
including tire size and recommended inflation pressure, when a 19 inch 
tire was originally installed on the vehicle violating FMVSS No.110 
sections S4.3(c) and (d). Section S4.3(c) requires that the placard 
identify the manufacturer recommended cold tire inflation pressure for 
the fitted tires, and section S4.3(d) requires the tire size 
designation for the tires installed at the time of the first purchase.
    For all 68 vehicles where the rim type and size is not provided for 
the originally installed 19 inch tire, the agency believes the vehicle 
owners will not encounter any safety problems if their rims need to be 
replaced. First, in addition to the rim size information that was 
inadvertently not included on the certification label required by 49 
CFR part 567, FMVSS No. 110 requires that the rim size, along with 
other information, be stamped on the rim itself. Also, the tire size 
stamped on the sidewall of the tire indicates the corresponding rim 
diameter.

[[Page 62972]]

Furthermore, BMW mentioned that their owner's manual contains tire 
information and that vehicle owners can contact BMW Roadside 
Assistance, BMW Assist, and BMW Customer Relations for additional 
assistance.
    For the vehicles where the FMVSS No. 110 required vehicle placard 
lists information for an 18 inch tire, including tire size and 
recommended inflation pressure, when a 19 inch tire was originally 
installed on the vehicle, a different analysis needs to be considered. 
FMVSS No. 110 requires that the original tires installed on a vehicle 
and the tires listed on the vehicle placard be the same size, and that 
the tires at the manufacturer recommended inflation pressure be 
appropriate for the designed vehicle maximum load conditions. If a 
customer were to look at the vehicle placard to determine recommended 
inflation pressure values they would see values intended for the 18 
inch tire and not the 19 inch tire. If that customer did not notice 
that their vehicle had 19 inch wheels installed they may use the 18 
inch tire inflation values which are less than required for the 19 inch 
tires. If this were the case, calculations show that the 19 inch tire 
load carrying capacities at the 18 inch tire delineated pressures (with 
tire load capacity reduced/divided by a 1.1 reduction factor as 
required in FMVSS No. 110 for passenger car tires used on multi-purpose 
passenger vehicles) is appropriate for the front and rear specified 
GAWR's in all affected vehicle models except for the ``worst case'' 
model with the heaviest GAWR which is the axle rating assigned by BMW 
to the X5xDrive35i 7-seater rear axle. For a 19 inch tire at an 18 inch 
recommended inflation pressure of 33 PSI and 41 PSI front and rear 
axles respectively, a front tire load rating is 810 kg, then, with a 
10% reduction factor results in a value of 736 kg or a total of 1,472 
kg front axle load carrying capacity. This value exceeds all four front 
GAWR values provided by BMW for the four models of vehicles with the 
largest axle rating value of 1334 kg. At 41 psi, the per tire load 
rating equates to 950 kg, then with a 10% reduction factor becomes 864 
kg per tire or 1727 kg rear axle load carrying capacity. The 1727 kg 
value is larger than rear axle GAWR values provided by BMW on three 
models, but not on the fourth model, the 7-seat X5 vehicle which has a 
rear GAWR of 1742 kg. For this model at full load capacity, the tires 
technically, are undersized for the rear axle by 15 kg (1742kg-1727 kg) 
or approximately 33 pounds divided by the two tires resulting in 
approximately 15 pounds per tire. In follow-up discussions with BMW, 
they indicated that only five of the 68 non-compliant vehicles are the 
7-seat model, and agreed that for those five vehicles new corrected 
FMVSS No. 110 vehicle placard labels will be sent to the owners. On 08/
16/2016, BMW confirmed that the respective five owners were contacted 
and new vehicle placards were mailed out.
    NHTSA's Decision: Considering the above analysis, the fact that BMW 
stated they have no reports of accidents or injuries due to this 
noncompliance, and that BMW is providing corrected replacement labels 
to the five owners of the 7-seat model X5 which has tire overload 
potential, NHTSA finds that BMW has met its burden of persuasion that 
the subject FMVSS No. 110 rim and tire size labeling noncompliances on 
the subject vehicles are inconsequential to motor vehicle safety. 
Accordingly, BMW's petition is hereby granted and BMW is consequently 
exempted from the obligation of providing notification of, and a free 
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 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.

    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. 2016-21978 Filed 9-12-16; 8:45 am]
 BILLING CODE 4910-59-P



                                             62970                     Federal Register / Vol. 81, No. 177 / Tuesday, September 13, 2016 / Notices

                                             that are final within the meaning of 23                 bicycle and pedestrian facilities along               Mitigation, 23 U.S.C. 103(b)(6)(m),
                                             U.S.C. 139(l)(1). The environmental                     the frontage roads.                                   133(b)(11); Flood Disaster Protection
                                             review, consultation, and other actions                    The actions by TxDOT and the                       Act, 42 U.S.C. 4001–4128.
                                             required by applicable Federal                          Federal agencies, and the laws under                    8. Executive Orders: E.O. 11990
                                             environmental laws for this project are                 which such actions were taken, are                    Protection of Wetlands; E.O. 11988
                                             being, or have been, carried-out by                     described in the Environmental                        Floodplain Management; E.O. 12898,
                                             TxDOT pursuant to 23 U.S.C. 327 and                     Assessment (EA) and Finding of No                     Federal Actions to Address
                                             a Memorandum of Understanding dated                     Significant Impact (FONSI) issued on                  Environmental Justice in Minority
                                             December 16, 2014 and executed by                       August 1, 2016, and in other documents                Populations and Low Income
                                             FHWA and TxDOT. The actions relate                      in the TxDOT project file. The EA,                    Populations; E.O. 11593 Protection and
                                             to a proposed highway project, I–35                     FONSI, and other documents in the                     Enhancement of Cultural Resources;
                                             Improvements from Rundberg Lane to                      TxDOT project file are available by                   E.O. 13007 Indian Sacred Sites; E.O.
                                             US 290 East in Austin, Travis County,                   contacting TxDOT at the addresses                     13287 Preserve America; E.O. 13175
                                             in the State of Texas. Those actions                    provided above. The TxDOT EA and                      Consultation and Coordination with
                                             grant licenses, permits, and approvals                  FONSI can be viewed and downloaded                    Indian Tribal Governments; E.O. 11514
                                             for the project. Under MAP–21 section                   from the project Web site at                          Protection and Enhancement of
                                             1319, TxDOT has issued a Finding of No                  www.My35.org/Capital or by visiting the               Environmental Quality; E.O. 13112
                                             Significant Impact for this action.                     TxDOT Austin District Office at 7901                  Invasive Species. (Catalog of Federal
                                                                                                     North I–35, Austin, TX 78753.                         Domestic Assistance Program Number
                                             DATES:   By this notice, TxDOT is                          This notice applies to all Federal
                                             advising the public of final agency                                                                           20.205, Highway Planning and
                                                                                                     agency decisions as of the issuance date              Construction. The regulations
                                             actions subject to 23 U.S.C. 139(l)(1). A               of this notice and all laws under which
                                             claim seeking judicial review of the                                                                          implementing Executive Order 12372
                                                                                                     such actions were taken, including but                regarding intergovernmental
                                             Federal agency actions on the highway                   not limited to:
                                             project will be barred unless the claim                                                                       consultation on Federal programs and
                                                                                                        1. General: National Environmental                 activities apply to this program.)
                                             is filed on or before February 9, 2017.                 Policy Act (NEPA) [42 U.S.C. 4321–
                                             If the Federal law that authorizes                                                                              Authority: 23 U.S.C. 139(l)(1).
                                                                                                     4351]; Federal-Aid Highway Act [23
                                             judicial review of a claim provides a                   U.S.C. 109].                                            Issued on: August 31, 2016.
                                             time period of less than 150 days for                      2. Air: Clean Air Act, 42 U.S.C. 7401–             Michael T. Leary,
                                             filing such claim, then that shorter time               7671(q).                                              Director, Planning and Program Development,
                                             period still applies.                                      3. Land: Section 4(f) of the                       Federal Highway Administration.
                                             FOR FURTHER INFORMATION CONTACT:    Mr.                 Department of Transportation Act of                   [FR Doc. 2016–21406 Filed 9–12–16; 8:45 am]
                                             Carlos Swonke, P.G., Environmental                      1966 [49 U.S.C. 303]; Landscaping and                 BILLING CODE 4910–22–P
                                             Affairs Division, Texas Department of                   Scenic Enhancement (Wildflowers), 23
                                             Transportation, 125 East 11th Street,                   U.S.C. 319.
                                             Austin, Texas 78701; telephone: (512)                      4. Wildlife: Endangered Species Act                DEPARTMENT OF TRANSPORTATION
                                             416–2734; email: carlos.swonke@                         [16 U.S.C. 1531–1544 and Section
                                             txdot.gov. TxDOT’s normal business                      1536], Marine Mammal Protection Act                   National Highway Traffic Safety
                                             hours are 8:00 a.m.–5:00 p.m. (central                  [16 U.S.C. 1361], Fish and Wildlife                   Administration
                                             time), Monday through Friday.                           Coordination Act [16 U.S.C. 661–
                                                                                                                                                           [Docket No. NHTSA–2014–0118; Notice 2]
                                                                                                     667(d)], Migratory Bird Treaty Act [16
                                             SUPPLEMENTARY INFORMATION:      Notice is               U.S.C. 703–712].                                      BMW of North America, LLC, Grant of
                                             hereby given that TxDOT and Federal                        5. Historic and Cultural Resources:                Petition for Decision of
                                             agencies have taken final agency actions                Section 106 of the National Historic                  Inconsequential Noncompliance
                                             by issuing licenses, permits, and                       Preservation Act of 1966, as amended
                                             approvals for the following highway                     [16 U.S.C. 470(f) et seq.]; Archeological             AGENCY: National Highway Traffic
                                             project in the State of Texas: I–35                     Resources Protection Act of 1977 [16                  Safety Administration (NHTSA),
                                             Improvements from Rundberg Lane to                      U.S.C. 470(aa)–11]; Archeological and                 Department of Transportation (DOT)
                                             US 290 East in Austin, Travis County.                   Historic Preservation Act [16 U.S.C.                  ACTION: Grant of petition.
                                             The project is approximately 1.6 miles                  469–469(c)]; Native American Grave
                                             in length on US 183 and approximately                   Protection and Repatriation Act                       SUMMARY:   BMW of North America, LLC,
                                             2.35 miles in length on I–35, would                     (NAGPRA) [25 U.S.C. 3001–3013].                       (BMW) a subsidiary of BMW AG in
                                             require approximately 7 acres of                           6. Social and Economic: Civil Rights               Munich, Germany, has determined that
                                             additional right-of-way, and would                      Act of 1964 [42 U.S.C. 2000(d)–                       certain Model year (MY) 2015 BMW
                                             provide direct connectors (flyovers)                    2000(d)(1)]; American Indian Religious                model X5 xDrive35i and model X5
                                             between I–35 southbound to US 183                       Freedom Act [42 U.S.C. 1996]; Farmland                xDrive35d multipurpose passenger
                                             southbound; US 183 northbound to I–35                   Protection Policy Act (FPPA) [7 U.S.C.                vehicles (MPV) do not fully comply
                                             northbound; and I–35 southbound to US                   4201–4209].                                           with paragraph S4.3.3 of Federal Motor
                                             183 northbound. The project will also                      7. Wetlands and Water Resources:                   Vehicle Safety Standard (FMVSS) No.
                                             add lanes to the I–35 frontage road in                  Clean Water Act, 33 U.S.C. 1251–1377                  110, Tire Selection and Rims and Motor
                                             both directions to bypass the St. Johns                 (Section 404, Section 401, Section 319);              Home/Recreation Vehicle Trailer Load
                                             Avenue signalized intersection; replace                 Land and Water Conservation Fund                      Carrying Capacity Information for Motor
Lhorne on DSK30JT082PROD with NOTICES




                                             the existing St. Johns Avenue bridge                    (LWCF), 16 U.S.C. 4601–4604; Safe                     Vehicles with a GVWR of 4,536
                                             over I–35 to provide the required                       Drinking Water Act (SDWA), 42 U.S.C.                  kilograms (10,000 pounds) or less. BMW
                                             vertical clearance; provide frontage road               300(f)–300(j)(6); Rivers and Harbors Act              filed a report dated October 22, 2014,
                                             U-turns for the northbound and                          of 1899, 33 U.S.C. 401–406; Wild and                  pursuant to 49 CFR part 573, Defect and
                                             southbound directions at St. Johns                      Scenic Rivers Act, 16 U.S.C. 1271–1287;               Noncompliance Responsibility and
                                             Avenue; modify the I–35 northbound to                   Emergency Wetlands Resources Act, 16                  Reports. BMW then petitioned NHTSA
                                             US 183 northbound flyover; and provide                  U.S.C. 3921, 3931; TEA–21 Wetlands                    under 49 CFR part 556 requesting a


                                        VerDate Sep<11>2014   15:27 Sep 12, 2016   Jkt 238001   PO 00000   Frm 00117   Fmt 4703   Sfmt 4703   E:\FR\FM\13SEN1.SGM   13SEN1


                                                                       Federal Register / Vol. 81, No. 177 / Tuesday, September 13, 2016 / Notices                                             62971

                                             decision that the subject noncompliance                    V. Summary of BMW’s Analyses:                      BMW also included calculations to
                                             is inconsequential to motor vehicle                     BMW stated its belief that the subject                demonstrate that the information on the
                                             safety.                                                 noncompliance is inconsequential to                   certification labels is correct for the 18-
                                                                                                     motor vehicle safety for the following                inch tires mounted on the subject
                                             ADDRESSES:   For further information on
                                                                                                     reasons:                                              vehicles.
                                             this decision contact Stu Seigel, Office
                                                                                                        In the case of the subject vehicles                   BMW states that BMW Customer
                                             of Vehicle Safety Compliance, the                       with an incorrect Part 567 certification              Relations have not received any contact
                                             National Highway Traffic Safety                         label but a correct FMVSS No. 110 tire                from vehicle owners regarding this issue
                                             Administration (NHTSA), telephone                       information label, BMW states that                    and, therefore, are unaware that any
                                             (202) 366–5287, facsimile (202) 366–                    when a person checks or adjusts the                   vehicle owner has encountered this
                                             7002.                                                   inflation of a tire and uses this (correct)           issue in the field. They state that they
                                             SUPPLEMENTARY INFORMATION:                              FMVSS No. 110 tire information label,                 are also unaware of any accident or
                                                I. BMW’s Petition: Pursuant to 49                    the person will have the correct                      injuries that have occurred as a result of
                                             U.S.C. 30118(d) and 30120(h) (see                       inflation pressure available from that                this noncompliance.
                                             implementing rule at 49 CFR part 556),                  label. If, however, the person only looks                BMW has additionally informed
                                             BMW submitted a petition for an                         at the certification label, or both the               NHTSA that it has corrected the subject
                                             exemption from the notification and                     certification and tire information labels,            noncompliance.
                                             remedy requirements of 49 U.S.C.                        BMW states that the person may then                      In summation, BMW believes that the
                                             Chapter 301 on the basis that this                      become unsure of what tires have been                 described noncompliance of the subject
                                             noncompliance is inconsequential to                     installed on the vehicle. Should this                 vehicles is inconsequential to motor
                                             motor vehicle safety.                                   occur, BMW states that a number of                    vehicle safety, and that its petition, to
                                                Notice of receipt of BMW’s petition                  information sources and services are                  exempt BMW from providing recall
                                             was published, with a 30-day public                     available which can be used to                        notification of noncompliance as
                                             comment period, on April 3, 2015 in the                 determine the correct tire size and                   required by 49 U.S.C. 30118 and
                                             Federal Register (80 FR 18294). No                      recommended cold inflation pressure.                  remedying the recall noncompliance as
                                             comments were received. To view the                     BMW states that these information                     required by 49 U.S.C. 30120 should be
                                             petition and all supporting documents                   sources include the tires installed on the            granted.
                                             log onto the Federal Docket                             vehicle which have the tire size                      NHTSA’s Decision
                                             Management System (FDMS) Web site                       information contained on their
                                                                                                     sidewalls, the vehicle’s Owner’s Manual                  NHTSA’s Analysis: The 68 affected
                                             at: http://www.regulations.gov/. Then
                                                                                                     which contains information pertaining                 vehicles were all originally equipped
                                             follow the online search instructions to                                                                      with 19 inch tires but the Part 567
                                             locate docket number ‘‘NHTSA–2014–                      to the various tire sizes and tire pressure
                                                                                                     for use on the affected vehicles, and                 certification label on these vehicles
                                             0118.’’                                                                                                       incorrectly only lists rim type and size
                                                II. Vehicles Involved: Affected are                  BMW’s Roadside AssistanceTM program
                                                                                                     which is available 24 hours/day and                   information for an 18 inch tire violating
                                             approximately 68 MY 2015 BMW model                                                                            the requirements of FMVSS No. 110
                                             X5 xDrive35i and model X5 xDrive35d                     provides representatives who have
                                                                                                     information on all available tire sizes               section S4.3.3., which effectively
                                             MPVs manufactured between October 3,                                                                          requires that the rim size on the label be
                                             2014 through October 7, 2014.                           and specifications for a given model and
                                                                                                     model year of BMW. BMW states its                     appropriate for the tire size installed on
                                                III. Noncompliance: BMW explains                                                                           the vehicle as original equipment.
                                             that the vehicle certification labels                   belief that all of the above listed sources
                                                                                                     would lead the driver to obtaining the                Additionally, for some of the 68
                                             required by 49 CFR part 567, and some                                                                         vehicles, the FMVSS No.110 required
                                             of the tire information labels required by              correct recommended cold inflation
                                                                                                     pressure when attempting to inflate the               vehicle placard lists information for an
                                             FMVSS No. 110, affixed to the subject                                                                         18 inch tire, including tire size and
                                             vehicles show that the vehicles were                    tires mounted on their vehicle.
                                                                                                        For the subject vehicles containing                recommended inflation pressure, when
                                             originally equipped with 18-inch tires                                                                        a 19 inch tire was originally installed on
                                                                                                     both incorrect 49 CFR part 567
                                             and rims. The vehicles were actually                                                                          the vehicle violating FMVSS No.110
                                                                                                     certification labels’ and incorrect
                                             originally equipped with 19-inch tires                                                                        sections S4.3(c) and (d). Section S4.3(c)
                                                                                                     FMVSS No. 110 tire information labels
                                             and rims. BMW believes that the                                                                               requires that the placard identify the
                                                                                                     BMW states that the driver can use the
                                             noncompliance is that the certification                                                                       manufacturer recommended cold tire
                                                                                                     labeling on the sidewall of the installed
                                             label required by 49 CFR part 567, and                                                                        inflation pressure for the fitted tires, and
                                                                                                     tires, the vehicle’s owner’s manual, and
                                             in some cases the tire information labels                                                                     section S4.3(d) requires the tire size
                                                                                                     BMW Roadside AssistanceTM to
                                             required by FMVSS No. 110, do not list                                                                        designation for the tires installed at the
                                                                                                     determine the recommended cold
                                             rim information for the tires installed on              inflation pressure for the tires installed            time of the first purchase.
                                             the vehicles as original equipment as                   on their vehicle.                                        For all 68 vehicles where the rim type
                                             required by paragraph S4.3.3 of FMVSS                      BMW also maintains that if a driver                and size is not provided for the
                                             No. 110.                                                were to use the cold inflation pressure               originally installed 19 inch tire, the
                                                Rule Text: Paragraph S4.3.3 of FMVSS                 shown on the incorrect labels for the 18-             agency believes the vehicle owners will
                                             No. 110 requires in pertinent part:                     inch tires when inflating the 19-inch                 not encounter any safety problems if
                                                S4.3.3 Additional labeling information               tires, that pressure would be sufficient              their rims need to be replaced. First, in
                                             for vehicles other than passenger cars. Each            to support vehicle loading. Their                     addition to the rim size information that
                                             vehicle shall show the size designation and,            calculations using the MY 2015 X5                     was inadvertently not included on the
                                             if applicable, the type designation of rims
Lhorne on DSK30JT082PROD with NOTICES




                                                                                                     xDrive35i for example show that the                   certification label required by 49 CFR
                                             (not necessarily those on the vehicle)                  determined load rating for two 19-inch                part 567, FMVSS No. 110 requires that
                                             appropriate for the tire appropriate for use on
                                             that vehicle, including the tire installed as
                                                                                                     tires inflated to the pressure meant for              the rim size, along with other
                                             original equipment on the vehicle by the                18-inch tires is 1,572 kg. Because the                information, be stamped on the rim
                                             vehicle manufacturer, after each GAWR                   front gross axle weight rating (GAWR) is              itself. Also, the tire size stamped on the
                                             listed on the certification label required by           1,279 kg, BMW concludes that the 19-                  sidewall of the tire indicates the
                                             § 567.4 or § 567.5 of this chapter . . .                inch tires would be adequately inflated.              corresponding rim diameter.


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                                             62972                     Federal Register / Vol. 81, No. 177 / Tuesday, September 13, 2016 / Notices

                                             Furthermore, BMW mentioned that their                   the two tires resulting in approximately              DEPARTMENT OF TRANSPORTATION
                                             owner’s manual contains tire                            15 pounds per tire. In follow-up
                                             information and that vehicle owners can                 discussions with BMW, they indicated                  Pipeline and Hazardous Materials
                                             contact BMW Roadside Assistance,                        that only five of the 68 non-compliant                Safety Administration
                                             BMW Assist, and BMW Customer                            vehicles are the 7-seat model, and                    [Docket No. PHMSA–2016–0064, Notice No.
                                             Relations for additional assistance.                    agreed that for those five vehicles new               2016–8]
                                                For the vehicles where the FMVSS                     corrected FMVSS No. 110 vehicle
                                             No. 110 required vehicle placard lists                  placard labels will be sent to the                    Hazardous Materials: International
                                             information for an 18 inch tire,                        owners. On 08/16/2016, BMW                            Regulations for the Safe Transport of
                                             including tire size and recommended                     confirmed that the respective five                    Radioactive Material (SSR–6); Draft
                                             inflation pressure, when a 19 inch tire                 owners were contacted and new vehicle                 Revision Available for Comment
                                             was originally installed on the vehicle,                placards were mailed out.
                                             a different analysis needs to be                                                                              AGENCY: Pipeline and Hazardous
                                             considered. FMVSS No. 110 requires                         NHTSA’s Decision: Considering the                  Materials Safety Administration
                                             that the original tires installed on a                  above analysis, the fact that BMW stated              (PHMSA), DOT.
                                             vehicle and the tires listed on the                     they have no reports of accidents or                  ACTION: Notice; document availability
                                             vehicle placard be the same size, and                   injuries due to this noncompliance, and               and request for comments.
                                             that the tires at the manufacturer                      that BMW is providing corrected
                                             recommended inflation pressure be                       replacement labels to the five owners of              SUMMARY:   PHMSA seeks public
                                             appropriate for the designed vehicle                    the 7-seat model X5 which has tire                    comment on a draft revision of the
                                             maximum load conditions. If a customer                  overload potential, NHTSA finds that                  International Atomic Energy Agency’s
                                             were to look at the vehicle placard to                  BMW has met its burden of persuasion                  (IAEA) ‘‘Regulations for the Safe
                                             determine recommended inflation                         that the subject FMVSS No. 110 rim and                Transport of Radioactive Material’’
                                             pressure values they would see values                   tire size labeling noncompliances on the              (SSR–6), which is scheduled for
                                             intended for the 18 inch tire and not the               subject vehicles are inconsequential to               publication in 2018. PHMSA and the
                                             19 inch tire. If that customer did not                  motor vehicle safety. Accordingly,                    U.S. Nuclear Regulatory Commission
                                             notice that their vehicle had 19 inch                                                                         (NRC) will submit comments jointly to
                                                                                                     BMW’s petition is hereby granted and
                                             wheels installed they may use the 18                                                                          the IAEA regarding the draft document.
                                                                                                     BMW is consequently exempted from
                                             inch tire inflation values which are less                                                                     PHMSA thereby requests public input to
                                                                                                     the obligation of providing notification              assist in U.S. comment development.
                                             than required for the 19 inch tires. If                 of, and a free remedy for, that
                                             this were the case, calculations show                                                                         DATES: Comments must be received on
                                                                                                     noncompliance under 49 U.S.C. 30118
                                             that the 19 inch tire load carrying                                                                           or before October 28, 2016. Comments
                                                                                                     and 30120.
                                             capacities at the 18 inch tire delineated                                                                     received after this date will be
                                             pressures (with tire load capacity                         NHTSA notes that the statutory                     considered if it is practical to do so;
                                             reduced/divided by a 1.1 reduction                      provisions (49 U.S.C. 30118(d) and                    however, we are only able to assure
                                             factor as required in FMVSS No. 110 for                 30120(h)) that permit manufacturers to                consideration for comments received on
                                             passenger car tires used on multi-                      file petitions for a determination of                 or before this date.
                                             purpose passenger vehicles) is                          inconsequentiality allow NHTSA to                     ADDRESSES: You may submit comments
                                             appropriate for the front and rear                      exempt manufacturers only from the                    by any of the following methods:
                                             specified GAWR’s in all affected vehicle                duties found in sections 30118 and                      • Federal Rulemaking Portal: http://
                                             models except for the ‘‘worst case’’                    30120, respectively, to notify owners,                www.regulations.gov. Follow the
                                             model with the heaviest GAWR which                      purchasers, and dealers of a defect or                instructions for submitting comments.
                                             is the axle rating assigned by BMW to                   noncompliance and to remedy the                         • Fax: 1–202–493–2251.
                                             the X5xDrive35i 7-seater rear axle. For                 defect or noncompliance. Therefore, this                • Mail: Dockets Management System;
                                             a 19 inch tire at an 18 inch                            decision only applies to the subject                  U.S. Department of Transportation,
                                             recommended inflation pressure of 33                    vehicles that BMW no longer controlled                Dockets Operations, M–30, Ground
                                             PSI and 41 PSI front and rear axles                     at the time it determined that the                    Floor, Room W12–140, 1200 New Jersey
                                             respectively, a front tire load rating is               noncompliance existed. However, the                   Avenue SE., Washington, DC 20590–
                                             810 kg, then, with a 10% reduction                      granting of this petition does not relieve            0001.
                                             factor results in a value of 736 kg or a                vehicle distributors and dealers of the                 • Hand Delivery: To U.S. Department
                                             total of 1,472 kg front axle load carrying              prohibitions on the sale, offer for sale,             of Transportation, Dockets Operations,
                                             capacity. This value exceeds all four                   or introduction or delivery for                       M–30, Ground Floor, Room W12–140,
                                             front GAWR values provided by BMW                       introduction into interstate commerce of              1200 New Jersey Avenue SE.,
                                             for the four models of vehicles with the                the noncompliant vehicles under their                 Washington, DC 20590–0001, between
                                             largest axle rating value of 1334 kg. At                                                                      9:00 a.m. and 5:00 p.m., Monday
                                                                                                     control after BMW notified them that
                                             41 psi, the per tire load rating equates                                                                      through Friday, except Federal holidays.
                                                                                                     the subject noncompliance existed.
                                             to 950 kg, then with a 10% reduction                                                                            Instructions: Include the agency name
                                             factor becomes 864 kg per tire or 1727                    Authority: (49 U.S.C. 30118, 30120:                 and docket number PHMSA–2016–0064
                                             kg rear axle load carrying capacity. The                delegations of authority at 49 CFR 1.95 and           for this notice at the beginning of your
                                             1727 kg value is larger than rear axle                  501.8)                                                comment. Note that all comments
                                             GAWR values provided by BMW on                          Jeffrey M. Giuseppe,
                                                                                                                                                           received will be posted without change
Lhorne on DSK30JT082PROD with NOTICES




                                             three models, but not on the fourth                                                                           to http://www.regulations.gov including
                                                                                                     Director, Office of Vehicle Safety Compliance.
                                             model, the 7-seat X5 vehicle which has                                                                        any personal information provided. If
                                             a rear GAWR of 1742 kg. For this model                  [FR Doc. 2016–21978 Filed 9–12–16; 8:45 am]           sent by mail, comments must be
                                             at full load capacity, the tires                        BILLING CODE 4910–59–P                                submitted in duplicate. Persons wishing
                                             technically, are undersized for the rear                                                                      to receive confirmation of receipt of
                                             axle by 15 kg (1742kg–1727 kg) or                                                                             their comments must include a self-
                                             approximately 33 pounds divided by                                                                            addressed stamped postcard.


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Document Created: 2018-02-09 13:16:51
Document Modified: 2018-02-09 13:16:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionGrant of petition.
FR Citation81 FR 62970 

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