82 FR 17511 - BMW of North America, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 82, Issue 68 (April 11, 2017)
National Highway Traffic Safety Administration
Federal Register Volume 82, Issue 68 (April 11, 2017)
| Page Range | 17511-17514 | |
| FR Document | 2017-07164 |
[Federal Register Volume 82, Number 68 (Tuesday, April 11, 2017)] [Notices] [Pages 17511-17514] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-07164] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2017-0012; 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. ----------------------------------------------------------------------- SUMMARY: BMW of North America, LLC (BMW), has determined that certain model year (MY) 2017 BMW 330i and 330i xDrive motor vehicles do not fully comply with 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 noncompliance report dated January 26, 2017. BMW also petitioned NHTSA on February 17, 2017, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. DATES: The closing date for comments on the petition is May 11, 2017. 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 Delivery: Deliver comments by hand to U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. except Federal Holidays. Electronically: Submit comments electronically by logging onto the Federal Docket Management System (FDMS) Web site at https://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 [[Page 17512]] 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 https://www.regulations.gov, including any personal information provided. All comments and supporting materials 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 fullest 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 comments, background documentation, and supporting materials 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 https://www.regulations.gov by following the online instructions for accessing the dockets. The docket ID number for this petition is shown in the heading of this notice. DOT's complete Privacy Act Statement is available for review in a Federal Register notice published on April 11, 2000, (65 FR 19477-78). SUPPLEMENTARY INFORMATION: I. Overview: BMW of North America, LLC (BMW), has determined that certain model year (MY) 2017 BMW 330i and 330i xDrive motor vehicles do not fully comply with paragraphs S4.3(c) and S4.3(d) 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 noncompliance information report dated January 26, 2017, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. BMW also petitioned NHTSA on February 17, 2017, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential as it relates 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: Approximately 3,300 MY 2017 BMW 330i and 330i xDrive motor vehicles, manufactured between August 1, 2016, and December 1, 2016, are potentially involved. III. Noncompliance: BMW explains that the noncompliance is that the tire information placard on the subject vehicles states that the vehicles were equipped with 18-inch tires when in fact the subject vehicles were actually equipped with 17-inch tires. The tire information placard also states that the cold tire inflation pressure for the rear tires is 240kPa/35psi when it should read 220kPa/32psi. Thus, the subject vehicles do not fully comply with paragraphs S4.3(c) and (d) of FMVSS No. 110. IV. Rule Text: Paragraphs S4.3(c) and (d) of FMVSS No. 110 States in pertinent: S4.3 Placard. Each vehicle, except for a trailer or incomplete vehicle, shall show the information specified in S4.3 (a) through (g), and may show, at the manufacturer's option, the information specified in S4.3 (h) and (i), on a placard permanently affixed to the driver's side B-pillar. In each vehicle without a driver's side B-pillar and with two doors on the driver's side of the vehicle opening in opposite directions, the placard shall be affixed on the forward edge of the rear side door . . . (c) Vehicle manufacturer's recommended cold tire inflation pressure for front, rear and spare tires subject to the limitations of S4.3.4. For full size spare tires, the statement ``see above'' may, at the manufacturer's option replace manufacturer's recommended cold tire inflation pressure. If no spare tire is provided, the word ``none'' must replace the manufacturer's recommended cold tire inflation pressure . . . (d) Tire size designation, indicated by the headings ``size'' or ``original tire size,'' and ``spare tire'' or ``spare,'' for the tires installed at the time of first purchase for purposes other than resale. For full size spare tires, the statement ``see above'' may, at the manufacturer's option replace the tire size designation. If no spare tire is provided, the word ``none'' must replace the tire size designation; . . . V. Summary of BMW's Petition: BMW described the subject noncompliance and stated its belief that the noncompliance is inconsequential as it relates to motor vehicle safety. In support of its petition, BMW submitted the following reasoning: (a) Overview of Tire Information Placards for 17-inch Tires and 18- inch Tires: Although affected vehicles were properly equipped with 17- inch tires, the FMVSS No. 110 tire information placard states that the vehicles were equipped with 18-inch tires. The placard includes the manufacturer's recommended cold tire inflation pressure and tire size designation for the 18-inch tires. Additionally, affected vehicles were equipped with a tire information placard intended for the BMW 320i model, although affected vehicles are the BMW 330i and 330i xDrive models. Notably, the tire information placard for the 18-inch rear tires denotes a cold tire inflation pressure value of 35psi, whereas the placard for the 17-inch rear tire denotes a cold tire inflation pressure value of 32psi. This will not result in a vehicle overload condition as explained in further detail below. (b) Using Tire Information Placard to Set Tire Pressure: If a vehicle operator uses the tire information placard to set the tire pressures, the tire pressures will be set at 32psi and 35psi for the front and for the rear tires, respectively. This will not lead to a vehicle overload condition as explained below: For the front tires, the tire information placard displays the manufacturer's recommended cold tire inflation pressure value which is identical to that which is required for the tires equipped on the vehicles. For the rear tires, the tire information placard displays the manufacturer's recommended cold tire inflation pressure value, which is larger than that which is required for the tires equipped on the vehicle. Therefore, a vehicle operator would not inflate the front and rear tires to a tire pressure which is lower than that which is required. In other petitions in which there exists the possibility to inflate tires to a tire pressure value which is lower than the required value, calculations can be performed to show that even in those cases, the equipped tires at the lower tire pressure value still have sufficient load carrying capacity, and therefore will not lead to a vehicle overload condition. Such calculations can be performed using either axle load limits, or using individual tire load limits. However, for the vehicles that are the subject of this petition, that possibility does not exist. The vehicle operator would not underinflate the front tires or the rear tires; therefore, such calculations are not necessary in this petition. (c) Using Other Information Sources to Set Tire Pressure: If a vehicle operator notices that the tires depicted on the tire information placard do not correspond to the tires equipped on the vehicle, there are a number of information sources and services available, which can be used to identify the correct tire pressure and, therefore, achieve the [[Page 17513]] proper inflation level for the tires equipped on the vehicle. Sources That Point to the Vehicle Owner's Manual --FMVSS No. 110 Section 4.3(f) requires that the tire information placard contain the following statement: ``See Owner's Manual for Additional Information''. Therefore, the tire information placard will help point the vehicle operator to the Owner's Manual in order to identify the correct tire inflation pressures for use on the vehicle. --FMVSS No. 138 Section 4.5(a) requires that the Owner's Manual contain the following text: ``Each tire, including the spare (if provided), should be checked monthly when cold and inflated to the inflation pressure recommended by the vehicle manufacturer on the vehicle placard or tire inflation pressure label. (If your vehicle has tires of a different size than the size indicated on the vehicle placard or tire inflation pressure label, you should determine the proper tire inflation pressure for those tires.)'' (Emphasis added.) Vehicle Operators who attempt to check the vehicle's tire pressure on a routine schedule (e.g., monthly, as noted above), or when necessary, would be pointed to the Owner's Manual for additional clarifying information. Therefore, after reviewing this information, it is likely that they would inflate the tires to the recommended cold tire inflation pressure. This is explained in further detail below. A vehicle operator could check the specific tires installed on the vehicle which, in this case, are 17-inch tires. The information that is stamped onto the sidewall of the tires identifies the tire size. Subsequent to checking and identifying the installed tires, the vehicle operator could consult the vehicle Owner's Manual, or contact BMW Roadside AssistanceTM, BMW AssistTM, or BMW Customer Relations, for further information in order to set the correct tire pressure. This is explained in further detail below. Owner's Manual The vehicle Owner's Manual contains information pertaining to the various tire sizes and tire pressures available for use on the affected vehicles. Affected vehicles contain a tire information placard denoting 18- inch tires having a front, and rear, tire pressure of 32psi and 35psi. However, affected vehicles (BMW 330i, 330i xDrive) were equipped with 17-inch tires in which a front, and a rear, tire pressure should be 32psi. Therefore, a vehicle operator would be able to check the Owner's manual, identify the correct tires equipped on the vehicle, and then set the tire inflation pressures to the correct levels. Additionally, affected vehicles are also equipped with and in- vehicle electronic Owner's Manual accessed through the iDriveTM controller containing the same information as in the hardcopy Owner's Manual. Furthermore, the electronic Owner's Manual also contains contact information for BMW Roadside AssistanceTM, and if equipped also BMW AssistTM, and BMW Customer Relations. Vehicle operators can use these additional information sources and services to identify the correct tires equipped on the vehicle, and then set the tire inflation pressures to the correct levels. BMW Roadside AssistanceTM BMW Roadside AssistanceTM (available 24 hours/day) representatives have information available indicating by vehicle model and model year, all of the available tire sizes and specifications for the affected vehicles. All affected vehicles contain a reference to, and instructions for contacting, BMW Roadside AssistanceTM in the vehicle Owner's Manual. Therefore, if contacted, BMW Roadside AssistanceTM would be able to help the vehicle operator determine the correct tire pressure for use on the vehicle. Vehicle operators are able to contact BMW Roadside AssistanceTM using the toll-free telephone number located: --on the BMW Roadside AssistanceTM Card located in the vehicle's portfolio --on one, or more, BMW Roadside AssistanceTM specific Labels in the vehicle --within the vehicle's Quick Reference Guide --within the vehicle's Service and Warranty Book. Vehicle Operators are also able to contact BMW Roadside AssistanceTM using the: -- in-vehicle iDriveTM controller and menu option for BMW Roadside AssistanceTM --in-vehicle emergency call button on the overhead console BMW AssistTM BMW AssistTM (available 24 hours/day) representatives have information available indicating by vehicle model and model year, all of the available tire sizes and specifications for the affected vehicles. All affected vehicles contain a reference to, and instructions for contacting, BMW AssistTM in the vehicle Owner's Manual. Therefore, if contacted, BMW AssistTM would be able to help the vehicle operator determine the correct tire pressures for use on the vehicle. Vehicle Operators are able to contact BMW AssistTM by using the: --in-vehicle iDriveTM controller and menu option for BMW AssistTM --in-vehicle emergency call button on the overhead console Vehicles with BMW AssistTM contain a BMW AssistTM Book located in the vehicle's portfolio with contact information for BMW AssistTM, BMW Roadside AssistanceTM, and BMW Customer Relations. BMW Customer Relations If a vehicle operator contacts BMW Customer Relations, and provides the Vehicle Identification Number, a Customer Relations Representative will be able to inform the vehicle operator of the specific vehicle configuration. Therefore, if contacted, BMW Customer Relations would be able to help the vehicle operator determine the correct tire pressures for use on the vehicle. Vehicle Operators are able to contact BMW Customer Relations by: --Using the toll free telephone number located in the vehicle Owner's Manual and the Service and Warranty Book --using the in-vehicle iDriveTM controller and menu option for BMW Customer Relations --contacting BMW AssistTM who can, if necessary, transfer the vehicle operator to BMW Customer Relations (d) Field Experience: Owner Contacts to BMW Customer Relations BMW Customer Relations has not received any contacts from vehicle owners regarding this issue. Therefore, BMW is unaware that any vehicle owner has encountered this issue. Accidents/Injuries BMW is unaware of any accidents or injuries that have occurred as a result of this issue. (e) Prior NHTSA Grants to Manufacturer Petitions: NHTSA has previously granted petitions for inconsequential noncompliance regarding FMVSS No. 110 involving vehicles whereby the tire information placard contained tire size and tire pressure information which did not match the tires equipped on the vehicle. In particular, it was shown that although the tire information placard displayed the manufacturer's recommended cold tire inflation pressure which was a smaller value than that which was required for the tires equipped on the vehicle, the load carrying capacity of the equipped tires, at this smaller tire pressure, was still sufficient and would not lead to a vehicle overload condition. [[Page 17514]] For the affected vehicles that are the subject of this petition, the FMVSS No. 110 tire information placard displays the manufacturer's recommended cold tire inflation pressure value for the front tires which is identical to that which is required for the tires equipped on the vehicle and, displays the manufacturer's recommended cold tire inflation pressure value for the rear tires which is larger than the value which is required for the tires equipped on the vehicle. Consequently, there is no risk of an underinflated tire, the load carrying capacity of the equipped tires is still sufficient and, therefore, there is no risk of a vehicle overload condition. Nevertheless, as a reference, and for comparison to this petition, NHTSA has granted petitions from manufacturers in cases where the tire information placard displayed a tire inflation pressure value which was smaller than that which was required for the tires equipped on the vehicle. (See BMW, 81 FR 62970, September 13, 2016; BMW, 78 FR 76408, December 17, 2013; and Volkswagen, 78 FR 28287, May 14, 2013) (f) Vehicle Production: Vehicle production has been corrected to conform to FMVSS No. 110 Section 4.3(c) and S4.3(d). BMW concluded by expressing the belief that the subject noncompliance is inconsequential as it relates to motor vehicle safety, and that its petition to be exempted from providing notification of the noncompliance, as required by 49 U.S.C. 30118, and a remedy for 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. 2017-07164 Filed 4-10-17; 8:45 am] BILLING CODE 4910-59-P
![Federal Register / Vol. 82, No. 68 / Tuesday, April 11, 2017 / Notices 17511
information has no bearing on the Management Services), Inc., to ensure DEPARTMENT OF TRANSPORTATION
performance or operation of a tire and that the registration database could
does not create a safety concern to either accept the registration regardless of the National Highway Traffic Safety
the operator of the vehicle on which the incorrect code. Administration
tires are mounted or the safety of
Finally, Cooper informed the agency [Docket No. NHTSA–2017–0012; Notice 1]
personnel in the tire repair, retread and
that in an effort to prevent reoccurrence
recycle industry. Cooper also stated that BMW of North America, LLC, Receipt
on March 29, 2016 the incorrect mold of this noncompliance, they have
implemented a change to their support of Petition for Decision of
was taken out of service and has not Inconsequential Noncompliance
been used since. software. Specifically, the selection of
Please refer to Cooper’s petition for its the plant code is no longer manual, but AGENCY: National Highway Traffic
complete reasoning and any associated rather selected from a drop down menu Safety Administration (NHTSA),
illustrations. The petition and all with only one choice ‘‘U9.’’ NHTSA Department of Transportation (DOT).
supporting documents are available by feels that this is important to ensure this ACTION: Receipt of petition.
logging onto the Federal Docket noncompliance is corrected on all of
Management System (FDMS) Web site Cooper’s future production tires since SUMMARY: BMW of North America, LLC
at: http://www.regulations.gov/ and the cumulative effect of recurring (BMW), has determined that certain
following the online search instructions noncompliances could result in a safety model year (MY) 2017 BMW 330i and
to locate the docket number listed in the problem. 330i xDrive motor vehicles do not fully
title of this notice. comply with Federal Motor Vehicle
In summation, Cooper believes that NHTSA’s Decision: In consideration
Safety Standard (FMVSS) No. 110, Tire
the described noncompliance of the of the foregoing, NHTSA finds that
Selection and Rims and Motor Home/
subject tires is inconsequential as it Cooper has met its burden of persuasion Recreation vehicle Trailer Load Carrying
relates to motor vehicle safety, and that that the subject FMVSS No. 139 Capacity Information for Motor Vehicles
its petition, to exempt Cooper from noncompliance in the affected tires is with a GVWR of 4,536 kilograms (10,000
providing notification of the inconsequential to motor vehicle safety. pounds) or less. BMW filed a
noncompliance, as required by 49 Accordingly, Cooper’s petition is hereby noncompliance report dated January 26,
U.S.C. 30118, and remedying the granted and Cooper is consequently 2017. BMW also petitioned NHTSA on
noncompliance, as required by 49 exempted from the obligation of February 17, 2017, for a decision that
U.S.C. 30120, should be granted. providing notification of, and a free the subject noncompliance is
NHTSA’S DECISION: remedy for, the subject noncompliance inconsequential as it relates to motor
NHTSA’S Analysis: under 49 U.S.C. 30118 and 30120. vehicle safety.
In this case, the agency believes that
one measure of inconsequentiality to NHTSA notes that the statutory DATES: The closing date for comments
motor vehicle safety is that there is no provisions (49 U.S.C. 30118(d) and on the petition is May 11, 2017.
effect of the noncompliance on the 30120(h)) that permit manufacturers to ADDRESSES: Interested persons are
operational safety of the vehicles on file petitions for a determination of invited to submit written data, views,
which these tires are mounted. Cooper inconsequentiality allow NHTSA to and arguments on this petition.
certified and stated that the subject tires exempt manufacturers only from the Comments must refer to the docket and
meet and/or exceed all performance duties found in sections 30118 and notice number cited in the title of this
requirements and all other labeling 30120, respectively, to notify owners, notice and submitted by any of the
markings required by FMVSS No. 139, purchasers, and dealers of a defect or following methods:
and therefore NHTSA has no reason to noncompliance and to remedy the • Mail: Send comments by mail
believe that there are any operational defect or noncompliance. Therefore, this addressed to U.S. Department of
safety issues for these tires. decision on this petition only applies to Transportation, Docket Operations, M–
Second, the agency believes it is the subject tires that Cooper no longer 30, West Building Ground Floor, Room
necessary that consumers be able to controlled at the time it determined that W12–140, 1200 New Jersey Avenue SE.,
readily identify the tire manufacturer for the noncompliance existed. However, Washington, DC 20590.
safety reasons. Cooper explained that the granting of this petition does not • Hand Delivery: Deliver comments
while the tire identification number by hand to U.S. Department of
relieve equipment distributors and
(TIN) on the outboard sidewall of the Transportation, Docket Operations, M–
dealers of the prohibitions on the sale,
subject tires is marked with the 30, West Building Ground Floor, Room
offer for sale, or introduction or delivery W12–140, 1200 New Jersey Avenue SE.,
incorrect manufacturer’s identification
for introduction into interstate Washington, DC 20590. The Docket
mark (known in the industry as ‘‘plant
code’’) ‘‘Y9,’’ instead of the correct code commerce of the noncompliant tires Section is open on weekdays from 10
‘‘U9’’, the information which identifies under their control after Cooper notified a.m. to 5 p.m. except Federal Holidays.
the correct manufacturer’s identification them that the subject noncompliance • Electronically: Submit comments
mark, is properly marked on the inboard existed. electronically by logging onto the
sidewall. These tires can also be Authority: (49 U.S.C. 30118, 30120: Federal Docket Management System
identified by the Cooper brand name Delegations of authority at 49 CFR 1.95 and (FDMS) Web site at https://
and by the tire size marked on the 501.8) www.regulations.gov/. Follow the online
sidewall of the subject tires. instructions for submitting comments.
srobinson on DSK5SPTVN1PROD with NOTICES
Third, NHTSA recognizes that Cooper Jeffrey M. Giuseppe, • Comments may also be faxed to
took steps to prevent the possibility that Director, Office of Vehicle Safety Compliance. (202) 493–2251.
customers would not be able to register [FR Doc. 2017–07169 Filed 4–10–17; 8:45 am] Comments must be written in the
their tires because those tires have the BILLING CODE 4910–59–P English language, and be no greater than
incorrect manufacturer’s identification 15 pages in length, although there is no
mark on them. Cooper worked with limit to the length of necessary
CIMS (Computerized Information and attachments to the comments. If
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![17514 Federal Register / Vol. 82, No. 68 / Tuesday, April 11, 2017 / Notices
For the affected vehicles that are the Authority: (49 U.S.C. 30118, 30120: • Electronically: Submit comments
subject of this petition, the FMVSS No. delegations of authority at 49 CFR 1.95 and electronically by logging onto the
110 tire information placard displays 501.8) Federal Docket Management System
the manufacturer’s recommended cold Jeffrey M. Giuseppe, (FDMS) Web site at https://
tire inflation pressure value for the front Director, Office of Vehicle Safety Compliance. www.regulations.gov/. Follow the online
tires which is identical to that which is [FR Doc. 2017–07164 Filed 4–10–17; 8:45 am]
instructions for submitting comments.
required for the tires equipped on the • Comments may also be faxed to
BILLING CODE 4910–59–P
vehicle and, displays the manufacturer’s (202) 493–2251.
recommended cold tire inflation Comments must be written in the
pressure value for the rear tires which DEPARTMENT OF TRANSPORTATION English language, and be no greater than
is larger than the value which is 15 pages in length, although there is no
National Highway Traffic Safety limit to the length of necessary
required for the tires equipped on the
Administration attachments to the comments. If
vehicle. Consequently, there is no risk
comments are submitted in hard copy
of an underinflated tire, the load [Docket No. NHTSA–2016–0061; Notice 1] form, please ensure that two copies are
carrying capacity of the equipped tires provided. If you wish to receive
is still sufficient and, therefore, there is Notice of Receipt of Petition for
Decision That Nonconforming Model confirmation that comments you have
no risk of a vehicle overload condition. submitted by mail were received, please
Year 2010 Jeep Wrangler Multipurpose
Nevertheless, as a reference, and for Passenger Vehicles (MPV) Are Eligible enclose a stamped, self-addressed
comparison to this petition, NHTSA has for Importation postcard with the comments. Note that
granted petitions from manufacturers in all comments received will be posted
cases where the tire information placard AGENCY: National Highway Traffic without change to https://
displayed a tire inflation pressure value Safety Administration (NHTSA), www.regulations.gov, including any
which was smaller than that which was Department of Transportation (DOT). personal information provided.
required for the tires equipped on the ACTION: Receipt of petition. All comments and supporting
vehicle. (See BMW, 81 FR 62970, materials received before the close of
September 13, 2016; BMW, 78 FR SUMMARY: This document announces business on the closing date indicated
76408, December 17, 2013; and receipt by the National Highway Traffic above will be filed in the docket and
Volkswagen, 78 FR 28287, May 14, Safety Administration (NHTSA) of a will be considered. All comments and
2013) petition for a decision that model year supporting materials received after the
(MY) 2010 Jeep Wrangler Multipurpose closing date will also be filed and will
(f) Vehicle Production: Vehicle Passenger Vehicles (MPV) that were not be considered to the fullest extent
production has been corrected to originally manufactured to comply with possible.
conform to FMVSS No. 110 Section all applicable Federal motor vehicle When the petition is granted or
4.3(c) and S4.3(d). safety standards (FMVSS), are eligible denied, notice of the decision will also
BMW concluded by expressing the for importation into the United States be published in the Federal Register
belief that the subject noncompliance is because they are substantially similar to pursuant to the authority indicated at
inconsequential as it relates to motor vehicles that were originally the end of this notice.
vehicle safety, and that its petition to be manufactured for sale in the United All comments, background
exempted from providing notification of States and that were certified by their documentation, and supporting
the noncompliance, as required by 49 manufacturer as complying with the materials submitted to the docket may
U.S.C. 30118, and a remedy for the safety standards (the U.S.-certified be viewed by anyone at the address and
noncompliance, as required by 49 version of the 2010 Jeep Wrangler MPV) times given above. The documents may
U.S.C. 30120, should be granted. and they are capable of being readily also be viewed on the Internet at https://
altered to conform to the standards. www.regulations.gov by following the
NHTSA notes that the statutory online instructions for accessing the
DATES: The closing date for comments
provisions (49 U.S.C. 30118(d) and dockets. The docket ID number for this
on the petition is May 11, 2017.
30120(h)) that permit manufacturers to petition is shown in the heading of this
ADDRESSES: Interested persons are
file petitions for a determination of notice.
inconsequentiality allow NHTSA to invited to submit written data, views,
and arguments on this petition. DOT’s complete Privacy Act
exempt manufacturers only from the Statement is available for review in a
Comments must refer to the docket and
duties found in sections 30118 and Federal Register notice published on
notice number cited in the title of this
30120, respectively, to notify owners, April 11, 2000, (65 FR 19477–78).
notice and be submitted by any of the
purchasers, and dealers of a defect or following methods: FOR FURTHER INFORMATION CONTACT:
noncompliance and to remedy the • Mail: Send comments by mail George Stevens, Office of Vehicle Safety
defect or noncompliance. Therefore, any addressed to U.S. Department of Compliance, NHTSA (202–366–5308).
decision on this petition only applies to Transportation, Docket Operations, M– SUPPLEMENTARY INFORMATION:
the subject vehicles that BMW no longer 30, West Building Ground Floor, Room
controlled at the time it determined that W12–140, 1200 New Jersey Avenue SE., Background
the noncompliance existed. However, Washington, DC 20590. Under 49 U.S.C. 30141(a)(1)(A), a
any decision on this petition does not • Hand Delivery: Deliver comments motor vehicle that was not originally
srobinson on DSK5SPTVN1PROD with NOTICES
relieve vehicle distributors and dealers by hand to U.S. Department of manufactured to conform to all
of the prohibitions on the sale, offer for Transportation, Docket Operations, M– applicable FMVSS shall be refused
sale, or introduction or delivery for 30, West Building Ground Floor, Room admission into the United States unless
introduction into interstate commerce of W12–140, 1200 New Jersey Avenue SE., NHTSA has decided that the motor
the noncompliant vehicles under their Washington, DC 20590. The Docket vehicle is substantially similar to a
control after BMW notified them that Section is open on weekdays from 10 motor vehicle originally manufactured
the subject noncompliance existed. a.m. to 5 p.m. except Federal Holidays. for importation into and sale in the
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Document Created: 2017-04-11 00:48:52
Document Modified: 2017-04-11 00:48:52
| 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 May 11, 2017. | |
| FR Citation | 82 FR 17511 |
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