82 FR 40640 - 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 164 (August 25, 2017)
National Highway Traffic Safety Administration
Federal Register Volume 82, Issue 164 (August 25, 2017)
| Page Range | 40640-40643 | |
| FR Document | 2017-17998 |
[Federal Register Volume 82, Number 164 (Friday, August 25, 2017)] [Notices] [Pages 40640-40643] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-17998] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2017-0042; 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), a subsidiary of BMW AG, Munich, Germany, has determined that certain model year (MY) 2018 BMW M4 Coupe and BMW M4 convertible 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 April 26, 2017. BMW also petitioned NHTSA on May 19, 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 September 25, 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 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:// [[Page 40641]] 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), a subsidiary of BMW AG, Munich, Germany, has determined that certain model year (MY) 2018 BMW M4 Coupe and BMW M4 convertible motor vehicles do not fully comply with one or more of the following paragraphs: S4.3(a), S4.3(c) and S4.3(d) of 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 April 26, 2017, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. BMW also petitioned NHTSA on May 19, 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 93 MY 2018 BMW M4 Coupe and BMW M4 convertible motor vehicles, manufactured between February 28, 2017, and March 24, 2017, are potentially involved. III. Noncompliance: BMW describes three noncompliances of the affected vehicles equipped with a Tire Information Placard that may not fully conform to FMVSS No. 110. Although the affected vehicles were properly equipped with 20-inch tires, the FMVSS No. 110 Tire Information Placard states that the vehicles were equipped with 18-inch tires. Additionally, the placard for the BMW M4 Coupe states a vehicle capacity weight of 390kg although it should state a vehicle capacity weight of 381kg. Furthermore, the placard for the BMW M4 Convertible states a manufacturer's recommended cold tire inflation pressure of 32psi when it should state a tire inflation pressure of 33psi. IV. Rule Text: Paragraph S4.3 of FMVSS No. 110 states in pertinent part: 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 . . . (a) Vehicle capacity weight expressed as ``The combined weight of occupants and cargo should never exceed XXX kilograms or XXX pounds . . . (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'' or ``original size,'' and ``spare tire'' or ``spare,'' for the tires installed at the time of the 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: 1. BMW M4 Coupe--Although affected vehicles were properly equipped with 20-inch tires, the FMVSS No. 110 Tire Information Placard incorrectly states that the vehicles are equipped with 18-inch tires. It also incorrectly states a vehicle capacity weight of 390kg. The placard should state that the vehicles are equipped with 20-inch tires and have a vehicle capacity weight of 381kg. The vehicle capacity weight of 390kg will not result in a vehicle overload condition as explained in further detail below. a. Assessment of Additional Vehicle Capacity Weight--An analysis was performed regarding the potential adverse effect of the additional 9kg on vehicle braking, steering, and stability. Vehicle components and system including brakes, steering, and suspension were evaluated. It was determined that there would not be any adverse impact on these vehicle systems due to robustness in vehicle design. In other words, the vehicle was designed to account for a larger vehicle capacity weight than the weight stated on the tire information placard. b. Part 567 Certification Label--Affected vehicles are equipped with a Part 567 Certification Label which states accurate information for the Gross Vehicle Weight Rating (GVWR). Therefore, a vehicle operator who uses this information would be able to determine the correct maximum vehicle weight. 2. BMW M4 Convertible--Although affected vehicles were properly equipped with 20-inch tires, the FMVSS No. 110 Tire Information Placard incorrectly states that the vehicles were equipped with 18-inch tires, and incorrectly states a manufacturer's recommended cold tire inflation pressure of 32psi. The placard should state that the vehicles are equipped with 20-inch tires and have a manufacturer's recommended cold tire inflation pressure of 33psi. The manufacturer's recommended cold tire inflation pressure of 32psi will not result in a vehicle overload condition as explained in further detail below. a. Using Tire Information Placard to Set Tire Pressure i. Assessment Using Tire Pressure Information--(Front Tires)--The FMVSS No. 110 Tire Information Placard identifies a front tire size of ``255/40 R 18'' with a recommended cold tire inflation pressure of 32psi (220kPa). The load rating from the European Tire and Rim Technical Organization (ETRTO) table at 32psi (220kPa) is 605kg for a tire with a load index of 94. Note that the equipped tires are Extra Load (XL) tires, and that the ETRTO standards require the use of the Standard Load table for tire pressures up to 250kPa (36psi). The sum of the load ratings for the front tires is 1,210kg. As noted, the GAWR (front) is 1,050kg. Therefore, the 20-inch front tires, inflated to 32psi, are sufficient to support vehicle loading. (Rear Tires)--The FMVSS No. 110 Tire Information Placard identifies a rear tire size of ``275/40 R 18'' with a recommended cold tire inflation pressure of 32psi (220kPa). The load rating from the European Tire and Rim Technical Organization (ETRTO) table at 32psi (220kPa) is 700kg for a tire with a load index of 99. It should be noted that the equipped tires are Extra Load (XL) tires, and also that the ETRTO standards state to use the Standard Load table for tire pressures up to 250kPa (36psi). The sum of the load ratings for the rear tires is 1,400kg. As noted, the GAWR (rear) is 1,250kg. Therefore, the 20-inch rear tires, inflated to 32psi, are sufficient to support vehicle loading. ii. Assessment Using Tire Load Limits--FMVSS No. 110 Section 4.2.1 (Tire Load Limits for Passenger Cars) states, in subsection 4.2.1.2: [[Page 40642]] ``The vehicle normal load on the tire shall not be greater than 94 percent of the load rating at the vehicle manufacturer's recommended cold inflation pressure for that tire.'' The BMW M4 Convertible has a curb weight of 1,841kg (manual transmission) and 1,866kg (automatic transmission) and a seating capacity of 4 occupants. In order to determine the vehicle normal load per tire, the automatic transmission weight is used as ``worst case scenario'' as it is larger than the manual transmission weight. The vehicle normal load per tire is calculated, per ETRTO standards, by distributing 2 occupants (for a 4 occupant vehicle), at the front axle. Using the required weight of 68kg per occupant results in a vehicle normal load per front tire of 534kg and a normal load per rear tire of 466kg. (Front Tires)--As noted above, the load rating for the front tires is 605kg. According to FMVSS No. 110 Section 4.2.1.2, ``[T]he vehicle normal load on the tire shall not be greater than 94 percent of the load rating at the vehicle manufacturer's recommended cold inflation pressure for that tire.'' Using the load rating of 605kg results in a ``94% load rating'' of 568kg. As noted above, the vehicle normal load per front tire is 534kg and therefore is within the limit required by Section 4.2.1.2. (Rear Tires)--As noted above, the load rating for the rear tires is 700kg. According to FMVSS No. 110 Section 4.2.1.2, ``[T]he vehicle normal load on the tire shall not be greater than 94 percent of the load rating at the vehicle manufacturer's recommended cold inflation pressure for that tire.'' Using the load rating of 700kg results in a ``94% load rating'' of 658kg. As noted above, the vehicle normal load per rear tire is 466kg and therefore is within the limit required by Section 4.2.1.2. b. Using Other Information Source To Set Tire Pressure--If a vehicle operator notices that the tires identified 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 that can be used to identify the correct tire pressure and, therefore, achieve the proper inflation level for the tires equipped on the vehicle. i. 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. A vehicle operator could check the specific tires installed on the vehicle which, in this case, are 20-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. ii. 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 identifying that the vehicles as being equipped with 18-inch tires even though they are equipped with 20-inch tires. 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 an 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 so equipped, also with 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. iii. 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 pressures 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 included in the vehicle's portfolio --On one or more BMW Roadside AssistanceTM Labels in the vehicle --Within the vehicle's Quick Reference Guide --Within the vehicle's Service 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 iv. 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. v. BMW Customer Relations--If a vehicle operator contacts BMW Customer Relations, and provides the [[Page 40643]] 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 identified 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 which can, if necessary, transfer the vehicle operator to BMW Customer Relations 3. Field Experience--Owner Contacts to BMW Customer Relations--BMW Customer Relations has not received any contacts from vehicle owners regarding these issues. Therefore, BMW is unaware that any vehicle owner has encountered these issues. Accidents/Injuries--BMW is unaware of any accidents or injuries that have occurred as a result of these issues. 4. Prior NHTSA Grants to Manufacturer Petitions--NHTSA has previously granted petitions for Inconsequential Noncompliance regarding FMVSS No. 110 involving vehicles for which the tire information placard contained tire size and tire pressure information which did not match the tires equipped on the vehicle. In some of these instances, even though the tire information placard identified a manufacturer's recommended cold tire inflation pressure that was less than the value required for the tires equipped on the vehicle, the load carrying capacity of the equipped tires, at this lower tire pressure, was still sufficient and would not lead to a vehicle overload condition. 5. Vehicle Production--Vehicle production has been corrected to conform to FMVSS No. 110 Section 4.3(a), 4.3(C) and 4.3(d). BMW concluded by expressing the belief that the subject noncompliances are inconsequential as they relate 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. To view BMW's petition analyses and any supplemental information in its entirety you can visit https://www.regulations.gov by following the online instructions for accessing the dockets and by using the docket ID number for this petition shown in the heading of this notice. 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. 2017-17998 Filed 8-24-17; 8:45 am] BILLING CODE 4910-59-P
![40640 Federal Register / Vol. 82, No. 164 / Friday, August 25, 2017 / Notices
comments received go to the Federal Estimated Average Annual Burden DATES: The closing date for comments
eRulemaking Portal: Go to http:// per Response: 560 hours per on the petition is September 25, 2017.
www.regulations.gov. Follow the online respondent. ADDRESSES: Interested persons are
instructions for submitting comments. Estimated Total Annual Burden invited to submit written data, views,
Fax: 1–202–493–2251. Hours: 29,120 hours. and arguments on this petition.
Mail: Docket Management Facility, Public Comments Invited: You are Comments must refer to the docket and
U.S. Department of Transportation, asked to comment on any aspect of this notice number cited in the title of this
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FOR FURTHER INFORMATION CONTACT: Mr.
and (4) ways that the burden could be
Transportation, Docket Operations,
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Title: Planning and Research Program (FDMS) Web site at https://
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OMB Control #: 2125–0039. Michael Howell, instructions for submitting comments.
Background: Under the provisions of Information Collection Officer. • Comments may also be faxed to
Title 23, United States Code, Section [FR Doc. 2017–17994 Filed 8–24–17; 8:45 am] (202) 493–2251.
505, 2 percent of Federal-aid highway BILLING CODE 4910–22–P Comments must be written in the
funds in certain categories that are English language, and be no greater than
apportioned to the States are set aside 15 pages in length, although there is no
to be used only for State Planning and DEPARTMENT OF TRANSPORTATION limit to the length of necessary
Research (SPR). At least 25 percent of attachments to the comments. If
the SPR funds apportioned annually National Highway Traffic Safety comments are submitted in hard copy
must be used for research, development, Administration form, please ensure that two copies are
and technology transfer activities. In [Docket No. NHTSA–2017–0042; Notice 1] provided. If you wish to receive
accordance with government-wide grant confirmation that comments you have
management procedures, a grant BMW of North America, LLC, Receipt submitted by mail were received, please
application must be submitted for these of Petition for Decision of enclose a stamped, self-addressed
funds. In addition, recipients must Inconsequential Noncompliance postcard with the comments. Note that
submit periodic progress and financial AGENCY: National Highway Traffic all comments received will be posted
reports. In lieu of Standard Form 424, Safety Administration (NHTSA), without change to https://
Application for Federal Assistance, the Department of Transportation (DOT). www.regulations.gov, including any
FHWA uses a work program as the grant personal information provided.
ACTION: Receipt of petition.
application. The information contained All comments and supporting
in the work program includes task SUMMARY: BMW of North America, LLC materials received before the close of
descriptions, assignments of (BMW), a subsidiary of BMW AG, business on the closing date indicated
responsibility for conducting the work Munich, Germany, has determined that above will be filed in the docket and
effort, and estimated costs for the tasks. certain model year (MY) 2018 BMW M4 will be considered. All comments and
This information is necessary to Coupe and BMW M4 convertible motor supporting materials received after the
determine how FHWA planning and vehicles do not fully comply with closing date will also be filed and will
research funds will be utilized by the Federal Motor Vehicle Safety Standard be considered to the fullest extent
State Transportation Departments and if (FMVSS) No. 110, Tire Selection and possible.
the proposed work is eligible for Federal Rims and Motor Home/Recreation When the petition is granted or
participation. The content and Vehicle Trailer Load Carrying Capacity denied, notice of the decision will also
frequency of submission of progress and Information for Motor Vehicles with a be published in the Federal Register
GVWR of 4,536 kilograms (10,000 pursuant to the authority indicated at
sradovich on DSK3GMQ082PROD with NOTICES
financial reports specified in 23 CFR
part 420 are specified in OMB Circular pounds) or Less. BMW filed a the end of this notice.
A–102 and the companion common noncompliance report dated April 26, All comments, background
grant management regulations. 2017. BMW also petitioned NHTSA on documentation, and supporting
Respondents: 52 State Transportation May 19, 2017, for a decision that the materials submitted to the docket may
Departments, including the District of subject noncompliance is be viewed by anyone at the address and
Columbia and Puerto Rico. inconsequential as it relates to motor times given above. The documents may
Frequency: Annual. vehicle safety. also be viewed on the Internet at https://
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![40642 Federal Register / Vol. 82, No. 164 / Friday, August 25, 2017 / Notices
‘‘The vehicle normal load on the tire shall the correct tire inflation pressures for sources and services to identify the
not be greater than 94 percent of the load use on the vehicle. correct tires equipped on the vehicle,
rating at the vehicle manufacturer’s —FMVSS No. 138 Section 4.5(a) and then set the tire inflation pressures
recommended cold inflation pressure for that
tire.’’
requires that the Owner’s Manual to the correct levels.
contain the following text: ‘‘Each tire, iii. BMW Roadside AssistanceTM—
The BMW M4 Convertible has a curb including the spare (if provided), BMW Roadside AssistanceTM (available
weight of 1,841kg (manual transmission) should be checked monthly when 24 hours/day) representatives have
and 1,866kg (automatic transmission) cold and inflated to the inflation information available indicating by
and a seating capacity of 4 occupants. pressure recommended by the vehicle vehicle model and model year, all of the
In order to determine the vehicle manufacturer on the vehicle placard available tire sizes and specifications for
normal load per tire, the automatic or tire inflation pressure label. (If your the affected vehicles. All affected
transmission weight is used as ‘‘worst vehicle has tires of a different size vehicles contain a reference to, and
case scenario’’ as it is larger than the than the size indicated on the vehicle instructions for contacting, BMW
manual transmission weight. The placard or tire inflation pressure label, Roadside AssistanceTM in the vehicle
vehicle normal load per tire is you should determine the proper tire Owner’s Manual. Therefore, if
calculated, per ETRTO standards, by inflation pressure for those tires.)’’ contacted, BMW Roadside AssistanceTM
distributing 2 occupants (for a 4 (Emphasis added.) would be able to help the vehicle
occupant vehicle), at the front axle. operator determine the correct tire
Using the required weight of 68kg per Vehicle operators who attempt to
check the vehicle’s tire pressure on a pressures for use on the vehicle.
occupant results in a vehicle normal Vehicle operators are able to contact
load per front tire of 534kg and a normal routine schedule (e.g. monthly, as noted
above), or when necessary, would be BMW Roadside AssistanceTM using the
load per rear tire of 466kg. toll-free telephone number located:
(Front Tires)—As noted above, the pointed to the Owner’s Manual for
load rating for the front tires is 605kg. additional clarifying information. —On the BMW Roadside AssistanceTM
According to FMVSS No. 110 Section Therefore, after reviewing this Card included in the vehicle’s
4.2.1.2, ‘‘[T]he vehicle normal load on information, it is likely that they would portfolio
the tire shall not be greater than 94 inflate the tires to the recommended —On one or more BMW Roadside
percent of the load rating at the vehicle cold tire inflation pressure. AssistanceTM Labels in the vehicle
manufacturer’s recommended cold A vehicle operator could check the —Within the vehicle’s Quick Reference
inflation pressure for that tire.’’ Using specific tires installed on the vehicle Guide
the load rating of 605kg results in a which, in this case, are 20-inch tires. —Within the vehicle’s Service Warranty
‘‘94% load rating’’ of 568kg. As noted The information that is stamped onto Book
above, the vehicle normal load per front the sidewall of the tires identifies the Vehicle operators are also able to
tire is 534kg and therefore is within the tire size. Subsequent to checking and contact BMW Roadside AssistanceTM
limit required by Section 4.2.1.2. identifying the installed tires, the using the:
(Rear Tires)—As noted above, the load vehicle operator could consult the —In-vehicle iDriveTM controller and
rating for the rear tires is 700kg. vehicle Owner’s Manual, or contact menu option for BMW Roadside
According to FMVSS No. 110 Section BMW Roadside AssistanceTM, BMW AssistanceTM
4.2.1.2, ‘‘[T]he vehicle normal load on AssistTM, or BMW Customer Relations, —In-vehicle emergency call button on
the tire shall not be greater than 94 for further information in order to set the overhead console
percent of the load rating at the vehicle the correct tire pressure.
manufacturer’s recommended cold ii. Owner’s Manual—The vehicle iv. BMW AssistTM—BMW AssistTM
inflation pressure for that tire.’’ Using Owner’s Manual contains information (available 24 hours/day) representatives
the load rating of 700kg results in a pertaining to the various tire sizes and have information available indicating,
‘‘94% load rating’’ of 658kg. As noted tire pressures available for use on the by vehicle model and model year, all of
above, the vehicle normal load per rear affected vehicles. the available tire sizes and
tire is 466kg and therefore is within the Affected vehicles contain a tire specifications for the affected vehicles.
limit required by Section 4.2.1.2. information placard identifying that the All affected vehicles contain a reference
b. Using Other Information Source To vehicles as being equipped with 18-inch to, and instructions for, contacting
Set Tire Pressure—If a vehicle operator tires even though they are equipped BMW AssistTM in the vehicle Owner’s
notices that the tires identified on the with 20-inch tires. Therefore, a vehicle Manual. Therefore, if contacted, BMW
tire information placard do not operator would be able to check the AssistTM would be able to help the
correspond to the tires equipped on the Owner’s Manual, identify the correct vehicle operator determine the correct
vehicle, there are a number of tires equipped on the vehicle, and then tire pressures for use on the vehicle.
information sources and services set the tire inflation pressures to the Vehicle operators are able to contact
available that can be used to identify the correct levels. BMW AssistTM by using the:
correct tire pressure and, therefore, Additionally, affected vehicles are —In-vehicle iDriveTM controller and
achieve the proper inflation level for the also equipped with an in-vehicle menu option for BMW AssistTM
tires equipped on the vehicle. electronic Owner’s Manual accessed —In-vehicle emergency call button on
i. Sources That Point to the Vehicle through the iDriveTM controller the overhead console
Owner’s Manual— containing the same information as in Vehicles with BMW AssistTM contain
—FMVSS No. 110 Section 4.3(f) the hardcopy Owner’s Manual. a BMW AssistTM Book located in the
sradovich on DSK3GMQ082PROD with NOTICES
requires that the tire information Furthermore, the electronic Owner’s vehicle’s portfolio with contact
placard contain the following Manual also contains contact information for BMW AssistTM, BMW
statement: ‘‘See Owner’s Manual for information for BMW Roadside Roadside AssistanceTM, and BMW
Additional Information.’’ Therefore, AssistanceTM, and if so equipped, also Customer Relations.
the tire information placard will help with BMW AssistTM, and BMW v. BMW Customer Relations—If a
point the vehicle operator to the Customer Relations. Vehicle operators vehicle operator contacts BMW
Owner’s Manual in order to identify can use these additional information Customer Relations, and provides the
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![Federal Register / Vol. 82, No. 164 / Friday, August 25, 2017 / Notices 40643
Vehicle Identification Number, a number for this petition shown in the ADDRESSES: You may submit comments
Customer Relations representative will heading of this notice. identified by DOT Docket No. NHTSA–
be able to inform the vehicle operator of NHTSA notes that the statutory 2017–0067 by any of the following
the specific vehicle configuration. provisions (49 U.S.C. 30118(d) and methods:
Therefore, if contacted, BMW Customer 30120(h)) that permit manufacturers to • Federal eRulemaking Portal: Go to
Relations would be able to help the file petitions for a determination of https://www.regulations.gov. Follow the
vehicle operator determine the correct inconsequentiality allow NHTSA to online instructions for submitting
tire pressures for use on the vehicle. exempt manufacturers only from the comments.
Vehicle operators are able to contact duties found in sections 30118 and • Mail: Docket Management Facility:
BMW Customer Relations by: 30120, respectively, to notify owners, U.S. Department of Transportation, 1200
—Using the toll-free telephone number purchasers, and dealers of a defect or New Jersey Avenue SE., West Building
identified in the vehicle Owner’s noncompliance and to remedy the Ground Floor, Room W12–140,
Manual and the Service and Warranty defect or noncompliance. Therefore, any Washington, DC 20590–0001.
Book decision on this petition only applies to • Hand Delivery or Courier: West
—Using the in-vehicle iDriveTM the subject vehicles that BMW no longer Building Ground Floor, Room W12–140,
controller and menu option for BMW controlled at the time it determined that 1200 New Jersey Avenue SE., between
Customer Relations the noncompliance existed. However, 9 a.m. and 5 p.m. ET, Monday through
—Contacting BMW AssistTM which can, any decision on this petition does not Friday, except Federal holidays.
if necessary, transfer the vehicle relieve vehicle distributors and dealers Telephone: 1–800–647–5527.
operator to BMW Customer Relations of the prohibitions on the sale, offer for • Fax: 202–493–2251.
3. Field Experience—Owner Contacts sale, or introduction or delivery for Instructions: All submissions must
to BMW Customer Relations—BMW introduction into interstate commerce of include the agency name and docket
Customer Relations has not received any the noncompliant vehicles under their number for this proposed collection of
contacts from vehicle owners regarding control after BMW notified them that information. Note that all comments
these issues. Therefore, BMW is the subject noncompliance existed. received will be posted without change
unaware that any vehicle owner has Authority: 49 U.S.C. 30118, 30120: to https://www.regulations.gov,
encountered these issues. Delegations of authority at 49 CFR 1.95 and including any personal information
Accidents/Injuries—BMW is unaware 501.8 provided. Please see the Privacy Act
of any accidents or injuries that have heading below.
Jeffrey M. Giuseppe, Privacy Act: Anyone is able to search
occurred as a result of these issues. Director, Office of Vehicle Safety Compliance.
4. Prior NHTSA Grants to the electronic form of all comments
Manufacturer Petitions—NHTSA has
[FR Doc. 2017–17998 Filed 8–24–17; 8:45 am] received into any of our dockets by the
previously granted petitions for BILLING CODE 4910–59–P name of the individual submitting the
Inconsequential Noncompliance comment (or signing the comment, if
regarding FMVSS No. 110 involving submitted on behalf of an association,
DEPARTMENT OF TRANSPORTATION business, labor union, etc.). You may
vehicles for which the tire information
placard contained tire size and tire review DOT’s complete Privacy Act
National Highway Traffic Safety Statement in the Federal Register
pressure information which did not Administration
match the tires equipped on the vehicle. published on April 11, 2000 (65 FR
In some of these instances, even though [Docket Number NHTSA–2017–0067; Notice 19477–78).
the tire information placard identified a 1] Docket: For access to the docket to
manufacturer’s recommended cold tire read background documents or
Reports, Forms, and Record Keeping comments received, go to https://
inflation pressure that was less than the Requirements
value required for the tires equipped on www.regulations.gov or the street
the vehicle, the load carrying capacity of AGENCY: National Highway Traffic address listed above. Follow the online
the equipped tires, at this lower tire Safety Administration (NHTSA), instructions for accessing the dockets.
pressure, was still sufficient and would Department of Transportation (DOT). FOR FURTHER INFORMATION CONTACT:
not lead to a vehicle overload condition. ACTION: Request for public comment on George Stevens, NHTSA 1200 New
5. Vehicle Production—Vehicle proposed collection of information. Jersey Avenue SE., Room W43–490,
production has been corrected to Washington, DC 20590. Mr. Steven’s
conform to FMVSS No. 110 Section SUMMARY: Before a Federal agency can telephone number is (202) 366–5308.
4.3(a), 4.3(C) and 4.3(d). collect certain information from the Please identify the relevant collection of
BMW concluded by expressing the public, it must receive approval from information by referring to its OMB
belief that the subject noncompliances the Office of Management and Budget Control Number.
are inconsequential as they relate to (OMB). Under procedures established SUPPLEMENTARY INFORMATION: Under the
motor vehicle safety, and that its by the Paperwork Reduction Act of Paperwork Reduction Act of 1995,
petition to be exempted from providing 1995, before seeking OMB approval, before an agency submits a proposed
notification of the noncompliance, as Federal agencies must solicit public collection of information to OMB for
required by 49 U.S.C. 30118, and a comment on proposed collections of approval, it must first publish a
remedy for the noncompliance, as information, including extensions and document in the Federal Register
required by 49 U.S.C. 30120, should be reinstatement of previously approved providing a 60-day comment period and
sradovich on DSK3GMQ082PROD with NOTICES
granted. collections. otherwise consult with members of the
To view BMW’s petition analyses and This document describes one public and affected agencies concerning
any supplemental information in its collection of information for which each proposed collection of information.
entirety you can visit https:// NHTSA intends to seek extension of The OMB has promulgated regulations
www.regulations.gov by following the OMB approval. describing what must be included in
online instructions for accessing the DATES: Comments must be received on such a document. Under OMB’s
dockets and by using the docket ID or before October 24, 2017. regulation at 5 CFR 1320.8(d), an agency
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Document Created: 2018-10-24 12:43:28
Document Modified: 2018-10-24 12:43:28
| 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 September 25, 2017. | |
| FR Citation | 82 FR 40640 |
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USC | CFR | eCFR