82 FR 24203 - BMW of North America, LLC, Denial of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 82, Issue 100 (May 25, 2017)
National Highway Traffic Safety Administration
Federal Register Volume 82, Issue 100 (May 25, 2017)
| Page Range | 24203-24204 | |
| FR Document | 2017-10743 |
[Federal Register Volume 82, Number 100 (Thursday, May 25, 2017)] [Notices] [Pages 24203-24204] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-10743] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2015-0040; Notice 2] BMW of North America, LLC, Denial of Petition for Decision of Inconsequential Noncompliance AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Denial of petition. ----------------------------------------------------------------------- SUMMARY: BMW of North America, LLC, (BMW) a subsidiary of BMW AG in Munich, Germany, has determined that certain model year (MY) 2013 BMW 5 Series sedan passenger cars do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices and Associated Equipment. BMW filed a noncompliance report dated March 26, 2015. BMW also petitioned NHTSA on April 17, 2015, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. ADDRESSES: For further information on this decision contact Mike Cole, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366-5319, facsimile (202) 366-3081. SUPPLEMENTARY INFORMATION: I. Overview BMW of North America, LLC, (BMW) a subsidiary of BMW AG in Munich, Germany, has determined that certain model year (MY) 2013 BMW 5 Series sedan passenger cars do not fully comply with paragraph S8.1.11 of Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices and Associated Equipment. BMW filed a noncompliance report dated March 26, 2015, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 CFR part 556), BMW also petitioned NHTSA on April 17, 2015, for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that the subject noncompliance is inconsequential as it relates to motor vehicle safety. Notice of receipt of the petition was published with a 30-day public comment period, on June 11, 2015, in the Federal Register (80 FR 33332). No comments were received. To view the petition and all supporting documents log onto the Federal Docket Management System (FDMS) Web site at: https://www.regulations.gov/. Then follow the online search instructions to locate docket number ``NHTSA-2015-0040.'' II. Vehicles Involved Affected are approximately 13,899 MY 2013 BMW 5 Series sedan passenger cars manufactured between January 30, 2013 and June 28, 2013. III. Noncompliance BMW explains the noncompliance as a failure of some of the rear reflex reflectors on the affected vehicles to fully conform to the minimum photometric performance required by paragraph S8.1.11 of FMVSS No. 108. IV. Rule Text Paragraph S8.1.11 of FMVSS No. 108 requires in pertinent part: S8.1.11 Photometry. Each reflex reflector must be designed to conform to the photometry requirements of Table XVI-a when tested according to the procedure of S14.2.3 for the reflex reflector color as specified by this section. V. Summary of BMW's Analyses BMW used Ricco's Law to determine a minimum required reflection coefficient in its analysis. BMW chose Ricco's Law because they believe it best corresponds to the human physiological condition in which a light source of a given size and intensity is minimally capable (i.e., illumination threshold) of producing visual perception. As such, BMW created a graph whereby the y-axis represented the reflection coefficient in units consistent with FMVSS No. 108 and the x-axis represented the distance between two vehicles in order to simulate the condition of an approaching vehicle and a parked or stopped vehicle. BMW provided the graph to illustrate that even with parameters representing a ``worst-case scenario,'' sufficient visibility of the rear reflex reflectors of the affected vehicles exists. BMW stated that it has not received any contacts from vehicle owners or other road users regarding issues related to the subject noncompliance and is also not aware of any accidents or injuries that have occurred as a result of this issue. BMW has additionally informed NHTSA that it has corrected the noncompliance so that subsequent vehicle production will conform to paragraph 8.1.11 of FMVSS No. 108. 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: Reflex reflectors make a vehicle conspicuous to drivers of other vehicles at night and at other times when there is reduced ambient light including dawn and dusk. The advance warning provided by the rear reflex reflectors has the potential to enable drivers to avoid a collision when approaching from the rear. In reviewing BMW's technical arguments, BMW claims that 2.5 mcd/lux is sufficient ``visibility'' for reflex reflectors. BMW bases this claim on an equation known as Ricco's law, and provided a link to a University of Calgary Web page (http://ucalgary.ca/pip369/mod3/brightness/threelaws) that provides a very limited description of this science. When compared to the FMVSS No. 108 required minimum performance of 420, 280, and 140 mcd/lux at certain test points and observation angles, the value that BMW claims is sufficient, 2.5 mcd/ lux, represents only 0.5%, 0.8%, and 1.7% [[Page 24204]] of the required minimum performance requirements. Based on the agency's review of BMW's technical analysis, we do not believe they have fully accounted for the complexities of real world driving in their proposed minimum perceivable performance. Additional factors must be accounted for in the determination of minimum performance, some include: Dirt buildup on the device, older driver's visual perception skills, a variety of ambient illumination and surrounding contrast scenes, and the continually changing viewing geometry between the reflex reflector and observer. In consideration that the primary function of a rear reflex reflector is to reduce crashes by permitting early detection of unlighted preceding motor vehicles or those parked by the side of the road, NHTSA has concluded that BMW's assessment that 2.5 mcd/lux is a suitable ``required reflection coefficient,'' a value representing less than 1.7% of the FMVSS No. 108 required minimum values, is not compelling. BMW did not provide any test reports detailing the performance of its noncompliant rear reflex reflectors; however, it did indicate that the worst measured values were 154, 120, and 91 mcd/lux at certain test points. These values are substantially below the minimum values required by FMVSS No. 108 (420, 280, and 140 mcd/lux) by 63%, 57%, and 35%, respectively. Based on these photometric performance failures, NHTSA believes that BMW's noncompliant reflex reflectors present a consequential risk to motor vehicle safety. BMW also states that it had not received contacts from vehicle owners, or other road users, regarding this issue. Nor is it aware of any accidents or injuries that have occurred as a result of this issue. NHTSA does not consider the absence of complaints to show that a noncompliance is inconsequential to safety. Vehicle lighting functions as a signal to other motorists and pedestrians; if other motorists found the noncompliant lighting confusing, it is unlikely that those motorists would have been able to identify the subject vehicle and make a complaint to either NHTSA or BMW. Most importantly, the absence of a complaint does not mean there have not been any safety issues, nor does it mean that there will not be safety issues in the future. NHTSA's Decision: In consideration of the foregoing, NHTSA finds that BMW has not met its burden of persuasion that the FMVSS No. 108 noncompliance is inconsequential to motor vehicle safety. Accordingly, BMW's petition is hereby denied and BMW is obligated to provide notification of, and a remedy for, that noncompliance under 49 U.S.C. 30118 and 30120. Authority: (49 U.S.C. 30118, 30120: delegations of authority at 49 CFR 1.95 and 501.8). Jeffrey M. Giuseppe, Acting Associate Administrator, Enforcement. [FR Doc. 2017-10743 Filed 5-24-17; 8:45 am] BILLING CODE 4910-59-P
![Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / Notices 24203
http://www.regulations.gov at any time Administration (NHTSA), telephone coefficient in its analysis. BMW chose
or to the Docket Management Facility in (202) 366–5319, facsimile (202) 366– Ricco’s Law because they believe it best
Room W12–140 of the West Building 3081. corresponds to the human physiological
Ground Floor at 1200 New Jersey SUPPLEMENTARY INFORMATION: condition in which a light source of a
Avenue SE., Washington, DC, between 9 given size and intensity is minimally
a.m. and 5 p.m., Monday through I. Overview capable (i.e., illumination threshold) of
Friday, except Federal holidays. BMW of North America, LLC, (BMW) producing visual perception.
FOR FURTHER INFORMATION CONTACT: a subsidiary of BMW AG in Munich, As such, BMW created a graph
Lynette Mitterer, ANM–113, Federal Germany, has determined that certain whereby the y-axis represented the
Aviation Administration, 1601 Lind model year (MY) 2013 BMW 5 Series reflection coefficient in units consistent
Avenue SW., Renton, WA 98057–3356, sedan passenger cars do not fully with FMVSS No. 108 and the x-axis
email Lynette.Mitterer@faa.gov, phone comply with paragraph S8.1.11 of represented the distance between two
(425) 227–1047. Federal Motor Vehicle Safety Standard vehicles in order to simulate the
This notice is published pursuant to (FMVSS) No. 108, Lamps, Reflective condition of an approaching vehicle and
14 CFR 11.85. Devices and Associated Equipment. a parked or stopped vehicle.
BMW filed a noncompliance report BMW provided the graph to illustrate
Issued in Renton, Washington, on April 13, that even with parameters representing
2017. dated March 26, 2015, pursuant to 49
CFR part 573, Defect and a ‘‘worst-case scenario,’’ sufficient
Victor Wicklund, visibility of the rear reflex reflectors of
Noncompliance Responsibility and
Manager, Transport Standards Staff. the affected vehicles exists.
Reports.
Petition for Exemption Pursuant to 49 U.S.C. 30118(d) and BMW stated that it has not received
30120(h) (see implementing rule at 49 any contacts from vehicle owners or
Docket No.: FAA–2017–0269. other road users regarding issues related
CFR part 556), BMW also petitioned
Petitioner: Gulfstream. to the subject noncompliance and is also
NHTSA on April 17, 2015, for an
Section of 14 CFR Affected: not aware of any accidents or injuries
exemption from the notification and
§ 25.981(a)(3). that have occurred as a result of this
Description of Relief Sought: Allow a remedy requirements of 49 U.S.C.
Chapter 301 on the basis that the subject issue.
simpler lightning protection design that BMW has additionally informed
is less susceptible to inadvertent failure noncompliance is inconsequential as it
relates to motor vehicle safety. NHTSA that it has corrected the
conditions that could result in ignition noncompliance so that subsequent
Notice of receipt of the petition was
sources. vehicle production will conform to
published with a 30-day public
[FR Doc. 2017–10692 Filed 5–24–17; 8:45 am]
comment period, on June 11, 2015, in paragraph 8.1.11 of FMVSS No. 108.
BILLING CODE 4910–13–P the Federal Register (80 FR 33332). No In summation, BMW believes that the
comments were received. To view the described noncompliance of the subject
petition and all supporting documents vehicles is inconsequential to motor
DEPARTMENT OF TRANSPORTATION log onto the Federal Docket vehicle safety, and that its petition, to
Management System (FDMS) Web site exempt BMW from providing recall
National Highway Traffic Safety notification of noncompliance as
Administration at: https://www.regulations.gov/. Then
follow the online search instructions to required by 49 U.S.C. 30118 and
[Docket No. NHTSA–2015–0040; Notice 2] locate docket number ‘‘NHTSA–2015– remedying the recall noncompliance as
0040.’’ required by 49 U.S.C. 30120 should be
BMW of North America, LLC, Denial of granted.
Petition for Decision of II. Vehicles Involved
NHTSA’s Decision
Inconsequential Noncompliance Affected are approximately 13,899
MY 2013 BMW 5 Series sedan passenger NHTSA’s Analysis: Reflex reflectors
AGENCY: National Highway Traffic make a vehicle conspicuous to drivers
Safety Administration (NHTSA), cars manufactured between January 30,
2013 and June 28, 2013. of other vehicles at night and at other
Department of Transportation (DOT). times when there is reduced ambient
ACTION: Denial of petition. III. Noncompliance light including dawn and dusk. The
BMW explains the noncompliance as advance warning provided by the rear
SUMMARY: BMW of North America, LLC, reflex reflectors has the potential to
a failure of some of the rear reflex
(BMW) a subsidiary of BMW AG in enable drivers to avoid a collision when
reflectors on the affected vehicles to
Munich, Germany, has determined that approaching from the rear.
fully conform to the minimum
certain model year (MY) 2013 BMW 5 In reviewing BMW’s technical
photometric performance required by
Series sedan passenger cars do not fully arguments, BMW claims that 2.5 mcd/
paragraph S8.1.11 of FMVSS No. 108.
comply with Federal Motor Vehicle lux is sufficient ‘‘visibility’’ for reflex
Safety Standard (FMVSS) No. 108, IV. Rule Text reflectors. BMW bases this claim on an
Lamps, Reflective Devices and Paragraph S8.1.11 of FMVSS No. 108 equation known as Ricco’s law, and
Associated Equipment. BMW filed a requires in pertinent part: provided a link to a University of
noncompliance report dated March 26, Calgary Web page (http://ucalgary.ca/
S8.1.11 Photometry. Each reflex reflector
2015. BMW also petitioned NHTSA on pip369/mod3/brightness/threelaws) that
must be designed to conform to the
April 17, 2015, for a decision that the photometry requirements of Table XVI–a provides a very limited description of
subject noncompliance is when tested according to the procedure of this science. When compared to the
inconsequential as it relates to motor S14.2.3 for the reflex reflector color as FMVSS No. 108 required minimum
vehicle safety. specified by this section. performance of 420, 280, and 140 mcd/
ADDRESSES: For further information on lux at certain test points and
this decision contact Mike Cole, Office V. Summary of BMW’s Analyses observation angles, the value that BMW
of Vehicle Safety Compliance, the BMW used Ricco’s Law to determine claims is sufficient, 2.5 mcd/lux,
National Highway Traffic Safety a minimum required reflection represents only 0.5%, 0.8%, and 1.7%
VerDate Sep<11>2014 18:04 May 24, 2017 Jkt 241001 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1](https://thefederalregister.org/doc/82_FR_24303/page/1.svg)
![24204 Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / Notices
of the required minimum performance BMW has not met its burden of (FMVSS) No. 108, Lamps, Reflective
requirements. Based on the agency’s persuasion that the FMVSS No. 108 Devices, and Associated Equipment.
review of BMW’s technical analysis, we noncompliance is inconsequential to DRV filed a noncompliance report dated
do not believe they have fully accounted motor vehicle safety. Accordingly, July 31, 2015, that was later revised on
for the complexities of real world BMW’s petition is hereby denied and August 18, 2015, pursuant to 49 CFR
driving in their proposed minimum BMW is obligated to provide part 573, Defect and Noncompliance
perceivable performance. Additional notification of, and a remedy for, that Responsibility and Reports. DRV also
factors must be accounted for in the noncompliance under 49 U.S.C. 30118 petitioned NHTSA on August 14, 2015,
determination of minimum and 30120. pursuant to 49 U.S.C. 30118(d) and
performance, some include: Dirt Authority: (49 U.S.C. 30118, 30120: 30120(h) (see implementing rule at 49
buildup on the device, older driver’s delegations of authority at 49 CFR 1.95 and CFR part 556), for an exemption from
visual perception skills, a variety of 501.8). the notification and remedy
ambient illumination and surrounding requirements of 49 U.S.C. Chapter 301
contrast scenes, and the continually Jeffrey M. Giuseppe,
on the basis that this noncompliance is
changing viewing geometry between the Acting Associate Administrator, Enforcement. inconsequential to motor vehicle safety.
reflex reflector and observer. [FR Doc. 2017–10743 Filed 5–24–17; 8:45 am] Notice of receipt of the petition was
In consideration that the primary BILLING CODE 4910–59–P published, with a 30-day public
function of a rear reflex reflector is to comment period, on October 8, 2015, in
reduce crashes by permitting early the Federal Register (80 FR 60955). No
detection of unlighted preceding motor DEPARTMENT OF TRANSPORTATION comments were received. To view the
vehicles or those parked by the side of petition and all supporting documents,
the road, NHTSA has concluded that National Highway Traffic Safety
Administration log onto the Federal Docket
BMW’s assessment that 2.5 mcd/lux is Management System (FDMS) Web site
a suitable ‘‘required reflection [Docket No. NHTSA–2015–0092; Notice 2] at: http://www.regulations.gov/. Follow
coefficient,’’ a value representing less the online search instructions to locate
than 1.7% of the FMVSS No. 108 DRV, LLC, Denial of Petition for docket number ‘‘NHTSA–2015–0092.’’
required minimum values, is not Decision of Inconsequential
compelling. Noncompliance II. Trailers Involved
BMW did not provide any test reports
AGENCY: National Highway Traffic Affected are approximately 7,465 of
detailing the performance of its
noncompliant rear reflex reflectors; Safety Administration (NHTSA), the following trailers:
however, it did indicate that the worst Department of Transportation (DOT). • MY 2003–2016 DRV Mobile Suites
measured values were 154, 120, and 91 ACTION: Denial of Petition. (Manufactured between April 22,
mcd/lux at certain test points. These 2003 and July 22, 2015)
SUMMARY: DRV, LLC (DRV), a wholly
values are substantially below the • MY 2014–2015 DRV Traditions
owned subsidiary of Thor Industries,
minimum values required by FMVSS (Manufactured between April 1, 2013
Inc., has determined that certain model
No. 108 (420, 280, and 140 mcd/lux) by and July 24, 2015)
year (MY) 2003–2016 DRV trailers do
63%, 57%, and 35%, respectively.
not fully comply with Federal Motor • MY 2013–2016 DRV Estates
Based on these photometric (Manufactured between April 1, 2012
Vehicle Safety Standard (FMVSS) No.
performance failures, NHTSA believes and July 24, 2015)
that BMW’s noncompliant reflex 108, Lamps, Reflective Devices, and
Associated Equipment. DRV filed a • MY 2006–2016 DRV Elite Suites
reflectors present a consequential risk to (Manufactured April 1, 2005 and July
motor vehicle safety. noncompliance report dated July 31,
2015, that was later revised on August 24, 2015)
BMW also states that it had not
18, 2015. DRV also petitioned NHTSA • MY 2014–2016 DRV Full House
received contacts from vehicle owners,
on August 14, 2015, for a decision that (Manufactured April 1, 2013 and July
or other road users, regarding this issue.
the subject noncompliance is 24, 2015)
Nor is it aware of any accidents or
injuries that have occurred as a result of inconsequential as it relates to motor III. Noncompliance
this issue. NHTSA does not consider the vehicle safety.
ADDRESSES: For further information on DRV explained the noncompliance as
absence of complaints to show that a
this decision contact Michael Cole, the location of the front side reflex
noncompliance is inconsequential to
Office of Vehicle Safety Compliance, the reflectors on the subject trailers at
safety. Vehicle lighting functions as a
National Highway Traffic Safety approximately 8″ and 10″ above the
signal to other motorists and
Administration (NHTSA), telephone maximum 60″ height-above-road surface
pedestrians; if other motorists found the
(202) 366–5319, facsimile (202) 366– required by paragraph S8.1 of FMVSS
noncompliant lighting confusing, it is
3081. No. 108.
unlikely that those motorists would
have been able to identify the subject SUPPLEMENTARY INFORMATION: IV. Rule Text
vehicle and make a complaint to either
I. Overview Paragraph S8.1 of FMVSS No. 108
NHTSA or BMW. Most importantly, the
DRV, LLC (DRV), a wholly owned requires in pertinent part:
absence of a complaint does not mean
there have not been any safety issues, subsidiary of Thor Industries, Inc., has S8.1 Reflex reflectors.
nor does it mean that there will not be determined that certain model year . . .
safety issues in the future. (MY) 2003–2016 DRV trailers do not S8.1.4 Mounting Height. See Tables I–
NHTSA’s Decision: In consideration fully comply with paragraph S8.1 of a, I–b, I–c.
of the foregoing, NHTSA finds that Federal Motor Vehicle Safety Standard . . .
VerDate Sep<11>2014 18:04 May 24, 2017 Jkt 241001 PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1](https://thefederalregister.org/doc/82_FR_24303/page/2.svg)
Document Created: 2018-11-08 08:53:17
Document Modified: 2018-11-08 08:53:17
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Denial of petition. | |
| FR Citation | 82 FR 24203 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR