82_FR_55707 82 FR 55484 - BMW of North America, LLC, Grant of Petition for Decision of Inconsequential Noncompliance

82 FR 55484 - BMW of North America, LLC, Grant of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 82, Issue 223 (November 21, 2017)

Page Range55484-55486
FR Document2017-25168

BMW of North America, LLC (BMW), has determined that certain model year (MY) 2016 BMW 7 Series motor vehicles 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 January 21, 2016. BMW also petitioned NHTSA on February 12, 2016, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety.

Federal Register, Volume 82 Issue 223 (Tuesday, November 21, 2017)
[Federal Register Volume 82, Number 223 (Tuesday, November 21, 2017)]
[Notices]
[Pages 55484-55486]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25168]


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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0025; Notice 2]


BMW of North America, LLC, Grant of Petition for Decision of 
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Grant of Petition.

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

SUMMARY: BMW of North America, LLC (BMW), has determined that certain 
model year (MY) 2016 BMW 7 Series motor vehicles 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 January 21, 2016. BMW also petitioned NHTSA on February 
12, 2016, for a decision that the subject noncompliance is 
inconsequential as it relates to motor vehicle safety.

FOR FURTHER INFORMATION CONTACT: For further information on this 
decision contact Leroy Angeles, Office of Vehicle Safety Compliance, 
the National Highway Traffic Safety Administration (NHTSA), telephone 
(202) 366-5304, facsimile (202) 366-5930.

SUPPLEMENTARY INFORMATION: 
    I. Overview: BMW of North America, LLC (BMW), has determined that 
certain model year (MY) 2016 BMW 7 Series motor vehicles do not fully 
comply with paragraph S7.7.13.3 of Federal Motor Vehicle Safety 
Standard (FMVSS) No. 108, Lamps, reflective devices and associated 
equipment. BMW filed a noncompliance report dated January 21, 2016, 
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility 
and Reports. BMW also petitioned NHTSA on February 12, 2016, 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.
    Notice of receipt of the petition was published with a 30-day 
public comment period, on March 4, 2016, in the Federal Register (81 FR 
11645). One comment was received. To view the petition, comments 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-2016-0025.''
    II. Vehicles Involved: Approximately 5,076 MY 2016 BMW 7 Series 
passenger cars, which were manufactured between August 03, 2015, and 
November 20, 2015, are potentially involved.
    III. Noncompliance: BMW states that the rear license plate lamp may 
not fully conform to paragraph S7.7.13.3 of FMVSS No. 108 because it 
exceeds the illumination ratio specified in that paragraph.
    IV. Rule Text: Paragraph S7.7.13.3 of FMVSS No. 108 requires, in 
pertinent part:

    S7.7.13.3 The ratio of the average of the two highest 
illumination values divided by the average of the two lowest 
illumination values must not exceed 20:1 for vehicles other than 
motorcycles and motor driven cycles.

    V. Summary of BMW's Petition: BMW described the subject 
noncompliance and stated its belief that the noncompliance is 
inconsequential to motor vehicle safety for the following reasons:
     The out-of-specification lamps satisfy all other 
requirements of FMVSS No. 108.
     The out-of-specification lamps only deviate from paragraph 
7.7.13.3 of FMVSs No. 108 with regard to the lamp's illumination ratio 
and not the lamp's actual illumination.
     Personnel who participated in a company assessment 
reported no difference in their visual perception of the simulated 
license plates that were used as test specimens.
     BMW has not received any customer complaints related to 
the issue.
     BMW is not aware of any accidents or injuries related to 
this issue.
     NHTSA has previously granted petitions in which the 
illumination of test points remains well above the requirements.
     Vehicle production has been corrected.
    In support of its petition, BMW submitted the following information 
pertaining to laboratory testing and analysis of the subject 
noncompliance:
    (1) FMVSS No. 108 Lamp Certification: BMW submitted a test report 
dated April 7, 2015 pertaining to lamps manufactured by U-SHIN Italia 
S.p.A. (U-SHIN) prior to vehicle production. According to BMW, this 
report indicates that the lamp satisfies FMVSS No. 108 requirements, as 
the ratio of the average of the two highest illumination values divided 
by the average of the two lowest illumination values is 14.1, and FMVSS 
No. 108 requires that the value be less than 20.
    (2) Evaluation by Measurement Equipment: Both BMW and U-SHIN 
performed a number of tests of both in-specification and out-of-
specification lamps to assess the performance of the subject lamps to 
the pertinent requirement of FMVSS No. 108. BMW submitted one 
representative test report for each test condition. The results are as 
follows:

--U-SHIN out-of-specification lamp tests: These showed an illumination 
ratio of 22.0. BMW noted, however, that each of the eight (8) test 
points satisfies the applicable FMVSS No. 108 photometric 
(illumination) requirements.
--BMW out-of-specification lamp tests: BMW performed its own out-of-
specification tests to verify U-SHIN's test results and to obtain 
results for the lamps when equipped within a vehicle. These showed an 
illumination ratio of 22.2. BMW noted, however, that each of the eight 
(8) test points satisfies the applicable FMVSS No. 108 photometric 
(illumination) requirements.
--U-SHIN in-specification lamp tests: These showed an illumination 
ratio of 13.8. As with the previously described tests, BMW noted, 
however, that each of the eight (8) test points satisfies the 
applicable FMVSS No. 108 photometric (illumination) requirements.
--BMW in-specification tests: BMW performed their own in-specification 
tests to verify U-SHIN's test results and to obtain results for the 
lamps when equipped within a vehicle. These showed an illumination 
ratio of 13.9. BMW again noted, however, that

[[Page 55485]]

each of the eight (8) test points satisfies the applicable FMVSS No. 
108 photometric (illumination) requirements.
    (3) Evaluation by human assessment: In addition to the laboratory 
testing performed by both BMW and U-SHIN using specific lamp 
measurement equipment, BMW also compared the out-of-specification lamps 
to the in-specification lamps via human assessment. BMW performed this 
assessment to determine whether or not the condition caused by the non-
compliance was perceptible to other road users (i.e., drivers 
approaching an affected vehicle) and, if so, its effect on safety.
    BMW submitted photographs that depict the illumination of a test 
specimen simulating a rear license plate by both in-specification and 
out-of-specification lamps. According to BMW, while there may be a 
slightly perceptible difference in the photographs depicting the test 
specimen illuminated by in-specification and out-of-specification 
lamps, this is due to tolerances of the camera equipment related to 
exposure time and shutter speed. BMW stated that the personnel who 
participated in this assessment reported no difference in their visual 
perception of the test specimens.
    Additionally, BMW noted that even for the out-of-specification 
lamp, all of the eight (8) test points satisfy the applicable FMVSS No. 
108 photometric (illumination) requirements. BMW emphasized that the 
noncompliance pertains to the illumination ratio, not to the actual 
lamp illumination. As a consequence, BMW asserts that while the 
noncompliance condition can be measured in a laboratory, it cannot be 
detected by the human eye, and therefore drivers of approaching 
vehicles will be afforded the same level of visibility as if 
approaching a non-affected vehicle. According to BMW, these analyses 
support the conclusion that the condition caused by the noncompliance 
does not affect the safety of affected vehicle occupants or other road 
users such as drivers approaching affected vehicles.
    (4) Field Experience: BMW states that its Customer Relations 
division has not received any contacts from vehicle owners regarding 
the matter at issue. As a consequence, BMW believes that, consistent 
with the results of the laboratory tests and human assessments 
described above, the condition is undetectable to road users such as 
drivers approaching affected vehicles. BMW further notes that it is not 
aware of any accidents or injuries that have occurred as a result of 
the condition.
    (5) Prior NHTSA Rulings: BMW states that NHTSA has previously 
granted petitions from other manufacturers involving various issues 
pertaining to FMVSS No. 108 noncompliance. BMW believes that in some of 
those petitions, the photometry (illumination) of the test points 
remains well above the FMVSS No. 108 requirements as the noncompliance 
has no affect upon the illumination of the test points.
    (6) Vehicle Production: BMW stated that subsequent vehicle 
production has been corrected to conform to paragraph 7.7.13.3 of FMVSS 
No. 108.
    In summation, BMW expressed the belief that the subject 
noncompliance is inconsequential to motor vehicle safety, and that its 
petition, to exempt BMW from providing notification of the 
noncompliance, as required by 49 U.S.C. 30118, and remedying the 
noncompliance, as required by 49 U.S.C. 30120, should be granted.

NHTSA's Decision

    Comments: One comment was received by Mr. Chris Janik. Mr. Janik 
said ``This is a technical non-compliance that is based only on 
laboratory measurement and calculation of the illumination ratio. To 
me, the compelling argument to grant the petition is that there are no 
customer complaints regarding the issue and that the difference between 
license plate bulb that comply with the requirements and those that do 
not is not perceptible to anyone that is behind the vehicle. There is 
no unreasonable risk to motor vehicle safety, so this petition should 
clearly be granted''
    NHTSA thanks Mr. Janik for his comment. NHTSA has reviewed the 
petition and made its decision based on the reasons described below.
    NHTSA's Analysis: Based on test data provided by BMW, NHTSA found 
that the percent difference of the lamp's illumination ratio in the 
subject vehicles exceed the maximum requirement by 9% to 10.6%. Even 
though the lamps exceed the illumination ratio the lamps satisfy all 
other FMVSS No. 108 requirements. However, NTHSA is unable to verify 
the validity of BMW's claim that this difference cannot be detected by 
the human eye.
    License plates are necessary on motor vehicles to allow law 
enforcement personnel and the general public to uniquely identify 
vehicles. When it is dark and motor vehicle lighting is in use, the 
required license plate lamp is necessary to illuminate the license 
plate on the rear of a vehicle so it can be identified. FMVSS No. 108 
contains various photometric and geometric requirements for the purpose 
of assuring legibility of the license plate. One such requirement is 
the illumination ratio to protect against shadowing across the license 
plate, which could make the license plate difficult to read.
    As in the case of BMW's petition, the burden of establishing the 
inconsequentiality of a failure to comply with a performance 
requirement in a standard is substantial and difficult to meet, and the 
agency has not found many such noncompliances to be inconsequential. 
However, one area in which the agency has granted such petitions has 
been where the noncompliance is expected to be imperceptible, or nearly 
so, to vehicle occupants or approaching drivers. NHTSA found BMW's 
assessment of human visual perception of the test specimens to be 
interesting, yet insufficient to justify granting the petition. Instead 
NHTSA is relying on the test data which indicates that the license 
plate lamps on these vehicles exceeded the minimum photometric 
performance levels at each of the eight (8) test points by at least 
37.5% and up to 191.3%. This data in conjunction with the fact that the 
ratio is slightly greater than required, NHTSA would agree that license 
plates illuminated with these lamps would be legible.
    Furthermore, NHTSA reiterates that the lamp illumination ratio is 
an important performance measurement to ensure license plate 
legibility.
    NHTSA's Decision: In consideration of the foregoing, NHTSA finds 
that BMW has met its burden of persuasion that the FMVSS No. 108 
noncompliance is inconsequential as it relates to motor vehicle safety 
under these facts and circumstances. Accordingly, BMW's petition is 
hereby granted and BMW is consequently exempted from the obligation to 
provide notification of, and remedy for, the subject noncompliance in 
the affected vehicles under 49 U.S.C. 30118 and 30120.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 
30120(h)) that permit manufacturers to file petitions for a 
determination of inconsequentiality allow NHTSA to exempt manufacturers 
only from the duties found in sections 30118 and 30120, respectively, 
to notify owners, purchasers, and dealers of a defect or noncompliance 
and to remedy the defect or noncompliance. Therefore, this decision 
only applies to the subject vehicles that BMW no longer controlled at 
the time it determined that the noncompliance existed. However, the 
granting of this petition does not relieve vehicle distributors and 
dealers of the prohibitions on the sale, offer for sale, or 
introduction or delivery for

[[Page 55486]]

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,
Associate Administrator for Enforcement.
[FR Doc. 2017-25168 Filed 11-20-17; 8:45 am]
 BILLING CODE 4910-59-P



                                                    55484                      Federal Register / Vol. 82, No. 223 / Tuesday, November 21, 2017 / Notices

                                                    Alternative ED2, Effluent Discharge Pipe                Vehicle Safety Standard (FMVSS) No.                      • BMW is not aware of any accidents
                                                    Installed in Runway 31 Runway                           108, Lamps, reflective devices and                    or injuries related to this issue.
                                                    Protection Zone (RPZ). These                            associated equipment. BMW filed a                        • NHTSA has previously granted
                                                    alternatives satisfy the purpose and                    noncompliance report dated January 21,                petitions in which the illumination of
                                                    need while minimizing impacts.                          2016, pursuant to 49 CFR part 573,                    test points remains well above the
                                                       The evaluation of these components                   Defect and Noncompliance                              requirements.
                                                    in the preferred alternative conducted                  Responsibility and Reports. BMW also                     • Vehicle production has been
                                                    under the SEA has not resulted in                       petitioned NHTSA on February 12,                      corrected.
                                                    additional or an increase in impacts                    2016, pursuant to 49 U.S.C. 30118(d)                     In support of its petition, BMW
                                                    associated with the proposed action.                    and 30120(h) and 49 CFR part 556), for                submitted the following information
                                                       Based on the analysis in the Final                   an exemption from the notification and                pertaining to laboratory testing and
                                                    SEA, the FAA has determined that the                    remedy requirements of 49 U.S.C.                      analysis of the subject noncompliance:
                                                    preferred alternative will not result in                Chapter 301 on the basis that this                       (1) FMVSS No. 108 Lamp
                                                    significant impacts to resources                        noncompliance is inconsequential as it                Certification: BMW submitted a test
                                                    identified in accordance with FAA                       relates to motor vehicle safety.                      report dated April 7, 2015 pertaining to
                                                    Orders 1050.1F and 5054.4B. Therefore,                     Notice of receipt of the petition was              lamps manufactured by U–SHIN Italia
                                                    an environmental impact statement will                  published with a 30-day public                        S.p.A. (U–SHIN) prior to vehicle
                                                    not be prepared.                                        comment period, on March 4, 2016, in                  production. According to BMW, this
                                                                                                            the Federal Register (81 FR 11645). One               report indicates that the lamp satisfies
                                                      Issued in Minneapolis, Minnesota on
                                                    October 16, 2017.
                                                                                                            comment was received. To view the                     FMVSS No. 108 requirements, as the
                                                                                                            petition, comments and all supporting                 ratio of the average of the two highest
                                                    Andy Peek,
                                                                                                            documents log onto the Federal Docket                 illumination values divided by the
                                                    Manager, Dakota-Minnesota Airports District             Management System (FDMS) Web site
                                                    Office, FAA, Great Lakes Region.                                                                              average of the two lowest illumination
                                                                                                            at: https://www.regulations.gov/. Then                values is 14.1, and FMVSS No. 108
                                                    [FR Doc. 2017–24741 Filed 11–20–17; 8:45 am]
                                                                                                            follow the online search instructions to              requires that the value be less than 20.
                                                    BILLING CODE 4910–13–P                                  locate docket number ‘‘NHTSA–2016–                       (2) Evaluation by Measurement
                                                                                                            0025.’’                                               Equipment: Both BMW and U–SHIN
                                                                                                               II. Vehicles Involved: Approximately               performed a number of tests of both in-
                                                    DEPARTMENT OF TRANSPORTATION                            5,076 MY 2016 BMW 7 Series passenger                  specification and out-of-specification
                                                    National Highway Traffic Safety                         cars, which were manufactured between                 lamps to assess the performance of the
                                                    Administration                                          August 03, 2015, and November 20,                     subject lamps to the pertinent
                                                                                                            2015, are potentially involved.                       requirement of FMVSS No. 108. BMW
                                                    [Docket No. NHTSA–2016–0025; Notice 2]                     III. Noncompliance: BMW states that                submitted one representative test report
                                                                                                            the rear license plate lamp may not fully             for each test condition. The results are
                                                    BMW of North America, LLC, Grant of                     conform to paragraph S7.7.13.3 of
                                                    Petition for Decision of                                                                                      as follows:
                                                                                                            FMVSS No. 108 because it exceeds the
                                                    Inconsequential Noncompliance                           illumination ratio specified in that                  —U–SHIN out-of-specification lamp
                                                                                                            paragraph.                                               tests: These showed an illumination
                                                    AGENCY: National Highway Traffic                                                                                 ratio of 22.0. BMW noted, however,
                                                    Safety Administration (NHTSA),                             IV. Rule Text: Paragraph S7.7.13.3 of
                                                                                                            FMVSS No. 108 requires, in pertinent                     that each of the eight (8) test points
                                                    Department of Transportation (DOT).                                                                              satisfies the applicable FMVSS No.
                                                                                                            part:
                                                    ACTION: Grant of Petition.                                                                                       108 photometric (illumination)
                                                                                                              S7.7.13.3 The ratio of the average of the              requirements.
                                                    SUMMARY:   BMW of North America, LLC                    two highest illumination values divided by
                                                                                                            the average of the two lowest illumination            —BMW out-of-specification lamp tests:
                                                    (BMW), has determined that certain                                                                               BMW performed its own out-of-
                                                    model year (MY) 2016 BMW 7 Series                       values must not exceed 20:1 for vehicles
                                                                                                            other than motorcycles and motor driven                  specification tests to verify U–SHIN’s
                                                    motor vehicles do not fully comply with                 cycles.                                                  test results and to obtain results for
                                                    Federal Motor Vehicle Safety Standard                                                                            the lamps when equipped within a
                                                    (FMVSS) No. 108, Lamps, reflective                         V. Summary of BMW’s Petition: BMW
                                                                                                            described the subject noncompliance                      vehicle. These showed an
                                                    devices and associated equipment.                                                                                illumination ratio of 22.2. BMW
                                                    BMW filed a noncompliance report                        and stated its belief that the
                                                                                                            noncompliance is inconsequential to                      noted, however, that each of the eight
                                                    dated January 21, 2016. BMW also                                                                                 (8) test points satisfies the applicable
                                                    petitioned NHTSA on February 12,                        motor vehicle safety for the following
                                                                                                            reasons:                                                 FMVSS No. 108 photometric
                                                    2016, for a decision that the subject                                                                            (illumination) requirements.
                                                    noncompliance is inconsequential as it                     • The out-of-specification lamps
                                                                                                            satisfy all other requirements of FMVSS               —U–SHIN in-specification lamp tests:
                                                    relates to motor vehicle safety.                                                                                 These showed an illumination ratio of
                                                                                                            No. 108.
                                                    FOR FURTHER INFORMATION CONTACT: For                       • The out-of-specification lamps only                 13.8. As with the previously
                                                    further information on this decision                    deviate from paragraph 7.7.13.3 of                       described tests, BMW noted, however,
                                                    contact Leroy Angeles, Office of Vehicle                FMVSs No. 108 with regard to the                         that each of the eight (8) test points
                                                    Safety Compliance, the National                         lamp’s illumination ratio and not the                    satisfies the applicable FMVSS No.
                                                    Highway Traffic Safety Administration
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                            lamp’s actual illumination.                              108 photometric (illumination)
                                                    (NHTSA), telephone (202) 366–5304,                         • Personnel who participated in a                     requirements.
                                                    facsimile (202) 366–5930.                               company assessment reported no                        —BMW in-specification tests: BMW
                                                    SUPPLEMENTARY INFORMATION:                              difference in their visual perception of                 performed their own in-specification
                                                      I. Overview: BMW of North America,                    the simulated license plates that were                   tests to verify U–SHIN’s test results
                                                    LLC (BMW), has determined that certain                  used as test specimens.                                  and to obtain results for the lamps
                                                    model year (MY) 2016 BMW 7 Series                          • BMW has not received any                            when equipped within a vehicle.
                                                    motor vehicles do not fully comply with                 customer complaints related to the                       These showed an illumination ratio of
                                                    paragraph S7.7.13.3 of Federal Motor                    issue.                                                   13.9. BMW again noted, however, that


                                               VerDate Sep<11>2014   18:56 Nov 20, 2017   Jkt 244001   PO 00000   Frm 00141   Fmt 4703   Sfmt 4703   E:\FR\FM\21NON1.SGM   21NON1


                                                                               Federal Register / Vol. 82, No. 223 / Tuesday, November 21, 2017 / Notices                                           55485

                                                       each of the eight (8) test points                       (5) Prior NHTSA Rulings: BMW states                legibility of the license plate. One such
                                                       satisfies the applicable FMVSS No.                   that NHTSA has previously granted                     requirement is the illumination ratio to
                                                       108 photometric (illumination)                       petitions from other manufacturers                    protect against shadowing across the
                                                       requirements.                                        involving various issues pertaining to                license plate, which could make the
                                                       (3) Evaluation by human assessment:                  FMVSS No. 108 noncompliance. BMW                      license plate difficult to read.
                                                    In addition to the laboratory testing                   believes that in some of those petitions,                As in the case of BMW’s petition, the
                                                    performed by both BMW and U–SHIN                        the photometry (illumination) of the test             burden of establishing the
                                                    using specific lamp measurement                         points remains well above the FMVSS                   inconsequentiality of a failure to comply
                                                    equipment, BMW also compared the                        No. 108 requirements as the                           with a performance requirement in a
                                                    out-of-specification lamps to the in-                   noncompliance has no affect upon the                  standard is substantial and difficult to
                                                    specification lamps via human                           illumination of the test points.                      meet, and the agency has not found
                                                    assessment. BMW performed this                             (6) Vehicle Production: BMW stated                 many such noncompliances to be
                                                    assessment to determine whether or not                  that subsequent vehicle production has                inconsequential. However, one area in
                                                    the condition caused by the non-                        been corrected to conform to paragraph                which the agency has granted such
                                                    compliance was perceptible to other                     7.7.13.3 of FMVSS No. 108.                            petitions has been where the
                                                    road users (i.e., drivers approaching an                   In summation, BMW expressed the                    noncompliance is expected to be
                                                    affected vehicle) and, if so, its effect on             belief that the subject noncompliance is              imperceptible, or nearly so, to vehicle
                                                    safety.                                                 inconsequential to motor vehicle safety,              occupants or approaching drivers.
                                                       BMW submitted photographs that                       and that its petition, to exempt BMW                  NHTSA found BMW’s assessment of
                                                    depict the illumination of a test                       from providing notification of the                    human visual perception of the test
                                                    specimen simulating a rear license plate                noncompliance, as required by 49                      specimens to be interesting, yet
                                                    by both in-specification and out-of-                    U.S.C. 30118, and remedying the                       insufficient to justify granting the
                                                    specification lamps. According to BMW,                  noncompliance, as required by 49                      petition. Instead NHTSA is relying on
                                                    while there may be a slightly                           U.S.C. 30120, should be granted.                      the test data which indicates that the
                                                    perceptible difference in the                                                                                 license plate lamps on these vehicles
                                                                                                            NHTSA’s Decision
                                                    photographs depicting the test specimen                                                                       exceeded the minimum photometric
                                                    illuminated by in-specification and out-                   Comments: One comment was                          performance levels at each of the eight
                                                    of-specification lamps, this is due to                  received by Mr. Chris Janik. Mr. Janik                (8) test points by at least 37.5% and up
                                                    tolerances of the camera equipment                      said ‘‘This is a technical non-                       to 191.3%. This data in conjunction
                                                    related to exposure time and shutter                    compliance that is based only on                      with the fact that the ratio is slightly
                                                    speed. BMW stated that the personnel                    laboratory measurement and calculation                greater than required, NHTSA would
                                                    who participated in this assessment                     of the illumination ratio. To me, the                 agree that license plates illuminated
                                                    reported no difference in their visual                  compelling argument to grant the                      with these lamps would be legible.
                                                    perception of the test specimens.                       petition is that there are no customer                   Furthermore, NHTSA reiterates that
                                                       Additionally, BMW noted that even                    complaints regarding the issue and that               the lamp illumination ratio is an
                                                    for the out-of-specification lamp, all of               the difference between license plate                  important performance measurement to
                                                    the eight (8) test points satisfy the                   bulb that comply with the requirements                ensure license plate legibility.
                                                    applicable FMVSS No. 108 photometric                    and those that do not is not perceptible                 NHTSA’s Decision: In consideration
                                                    (illumination) requirements. BMW                        to anyone that is behind the vehicle.                 of the foregoing, NHTSA finds that
                                                    emphasized that the noncompliance                       There is no unreasonable risk to motor                BMW has met its burden of persuasion
                                                    pertains to the illumination ratio, not to              vehicle safety, so this petition should               that the FMVSS No. 108 noncompliance
                                                    the actual lamp illumination. As a                      clearly be granted’’                                  is inconsequential as it relates to motor
                                                    consequence, BMW asserts that while                        NHTSA thanks Mr. Janik for his                     vehicle safety under these facts and
                                                    the noncompliance condition can be                      comment. NHTSA has reviewed the                       circumstances. Accordingly, BMW’s
                                                    measured in a laboratory, it cannot be                  petition and made its decision based on               petition is hereby granted and BMW is
                                                    detected by the human eye, and                          the reasons described below.                          consequently exempted from the
                                                    therefore drivers of approaching                           NHTSA’s Analysis: Based on test data               obligation to provide notification of, and
                                                    vehicles will be afforded the same level                provided by BMW, NHTSA found that                     remedy for, the subject noncompliance
                                                    of visibility as if approaching a non-                  the percent difference of the lamp’s                  in the affected vehicles under 49 U.S.C.
                                                    affected vehicle. According to BMW,                     illumination ratio in the subject vehicles            30118 and 30120.
                                                    these analyses support the conclusion                   exceed the maximum requirement by                        NHTSA notes that the statutory
                                                    that the condition caused by the                        9% to 10.6%. Even though the lamps                    provisions (49 U.S.C. 30118(d) and
                                                    noncompliance does not affect the                       exceed the illumination ratio the lamps               30120(h)) that permit manufacturers to
                                                    safety of affected vehicle occupants or                 satisfy all other FMVSS No. 108                       file petitions for a determination of
                                                    other road users such as drivers                        requirements. However, NTHSA is                       inconsequentiality allow NHTSA to
                                                    approaching affected vehicles.                          unable to verify the validity of BMW’s                exempt manufacturers only from the
                                                       (4) Field Experience: BMW states that                claim that this difference cannot be                  duties found in sections 30118 and
                                                    its Customer Relations division has not                 detected by the human eye.                            30120, respectively, to notify owners,
                                                    received any contacts from vehicle                         License plates are necessary on motor              purchasers, and dealers of a defect or
                                                    owners regarding the matter at issue. As                vehicles to allow law enforcement                     noncompliance and to remedy the
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    a consequence, BMW believes that,                       personnel and the general public to                   defect or noncompliance. Therefore, this
                                                    consistent with the results of the                      uniquely identify vehicles. When it is                decision only applies to the subject
                                                    laboratory tests and human assessments                  dark and motor vehicle lighting is in                 vehicles that BMW no longer controlled
                                                    described above, the condition is                       use, the required license plate lamp is               at the time it determined that the
                                                    undetectable to road users such as                      necessary to illuminate the license plate             noncompliance existed. However, the
                                                    drivers approaching affected vehicles.                  on the rear of a vehicle so it can be                 granting of this petition does not relieve
                                                    BMW further notes that it is not aware                  identified. FMVSS No. 108 contains                    vehicle distributors and dealers of the
                                                    of any accidents or injuries that have                  various photometric and geometric                     prohibitions on the sale, offer for sale,
                                                    occurred as a result of the condition.                  requirements for the purpose of assuring              or introduction or delivery for


                                               VerDate Sep<11>2014   18:56 Nov 20, 2017   Jkt 244001   PO 00000   Frm 00142   Fmt 4703   Sfmt 4703   E:\FR\FM\21NON1.SGM   21NON1


                                                    55486                      Federal Register / Vol. 82, No. 223 / Tuesday, November 21, 2017 / Notices

                                                    introduction into interstate commerce of                comments. You may do so by calling                    exceeding the limit. A bank with a
                                                    the noncompliant vehicles under their                   (202) 649–6700 or, for persons who are                composite 1 or 2 CAMELS rating
                                                    control after BMW notified them that                    deaf or hearing impaired, TTY, (202)                  entering a transaction that increases its
                                                    the subject noncompliance existed.                      649–5597. Upon arrival, visitors will be              aggregate bank premises investment to
                                                      Authority: (49 U.S.C. 30118, 30120:                   required to present valid government-                 not more than 150 percent of its capital
                                                    delegations of authority at 49 CFR 1.95 and             issued photo identification and submit                and surplus may proceed without prior
                                                    501.8)                                                  to security screening in order to inspect             OCC approval, but must provide an
                                                                                                            and photocopy comments.                               after-the-fact notice.
                                                    Jeffrey M. Giuseppe,                                       All comments received, including                      • 12 CFR 7.1000(d)(1) (National bank
                                                    Associate Administrator for Enforcement.                attachments and other supporting                      ownership of property—Lease financing
                                                    [FR Doc. 2017–25168 Filed 11–20–17; 8:45 am]            materials, are part of the public record              of public facilities). National bank lease
                                                    BILLING CODE 4910–59–P                                  and subject to public disclosure. Do not              agreements must provide that the lessee
                                                                                                            include any information in your                       will become the owner of the building
                                                                                                            comment or supporting materials that                  or facility upon the expiration of the
                                                    DEPARTMENT OF THE TREASURY                              you consider confidential or                          lease.
                                                                                                            inappropriate for public disclosure.                     • 12 CFR 7.1014 (Sale of money
                                                    Office of the Comptroller of the                        FOR FURTHER INFORMATION CONTACT:                      orders at nonbanking outlets). A
                                                    Currency                                                Shaquita Merritt, OCC Clearance                       national bank may designate bonded
                                                                                                            Officer, (202) 649–5490, for persons                  agents to sell the bank’s money orders
                                                    Agency Information Collection                                                                                 at nonbanking outlets. The
                                                                                                            who are deaf or hard of hearing, TTY,
                                                    Activities: Information Collection                                                                            responsibility of both the bank and its
                                                                                                            (202) 649–5597, Legislative and
                                                    Renewal; Comment Request; Bank                                                                                agent should be defined in a written
                                                                                                            Regulatory Activities Division, Office of
                                                    Activities and Operations; Investment                                                                         agreement setting forth the duties of
                                                                                                            the Comptroller of the Currency, 400 7th
                                                    in Bank Premises                                                                                              both parties and providing for
                                                                                                            Street SW., Washington, DC 20219.
                                                    AGENCY: Office of the Comptroller of the                                                                      remuneration of the agent.
                                                                                                            SUPPLEMENTARY INFORMATION: Under the
                                                    Currency (OCC), Treasury.                                                                                        • 12 CFR 7.2000(b) (Corporate
                                                                                                            PRA (44 U.S.C. 3501–3520), federal
                                                                                                                                                                  governance procedures—Other sources
                                                    ACTION: Notice and request for comment.                 agencies must obtain approval from the
                                                                                                                                                                  of guidance). A national bank shall
                                                                                                            OMB for each collection of information
                                                    SUMMARY:   The OCC, as part of its                                                                            designate in its bylaws the body of law
                                                                                                            that they conduct or sponsor.
                                                    continuing effort to reduce paperwork                                                                         selected for its corporate governance
                                                                                                            ‘‘Collection of information’’ is defined
                                                    and respondent burden, invites the                                                                            procedures.
                                                                                                            in 44 U.S.C. 3502(3) and 5 CFR                           • 12 CFR 7.2004 (Honorary directors
                                                    general public and other federal                        1320.3(c) to include agency requests or
                                                    agencies to take this opportunity to                                                                          or advisory boards). Any listing of a
                                                                                                            requirements that members of the public               national bank’s honorary or advisory
                                                    comment on a continuing information                     submit reports, keep records, or provide
                                                    collection as required by the Paperwork                                                                       directors must distinguish between
                                                                                                            information to a third party. Section                 those directors and the bank’s board of
                                                    Reduction Act of 1995 (PRA).                            3506(c)(2)(A) of title 44 requires federal
                                                      In accordance with the requirements                                                                         directors or indicate their advisory
                                                                                                            agencies to provide a 60-day notice in                status.
                                                    of the PRA, the OCC may not conduct                     the Federal Register concerning each
                                                    or sponsor, and the respondent is not                                                                            • 12 CFR 7.2014(b) (Indemnification
                                                                                                            proposed collection of information,                   of institution-affiliated parties—
                                                    required to respond to, an information                  including each proposed extension of an
                                                    collection unless it displays a currently                                                                     Administrative proceeding or civil
                                                                                                            existing collection of information,                   actions not initiated by a federal
                                                    valid Office of Management and Budget                   before submitting the collection to OMB
                                                    (OMB) control number.                                                                                         agency). A national bank shall designate
                                                                                                            for approval.                                         in its bylaws the body of law selected
                                                      The OCC is soliciting comment                            Title: Bank Activities and Operations;
                                                    concerning the renewal of its                                                                                 for making indemnification payments.
                                                                                                            Investment in Bank Premises.                             • 12 CFR 7.2024(a) (Staggered terms
                                                    information collection titled, ‘‘Bank                      OMB Control No.: 1557–0204.
                                                    Activities and Operations; Investment in                                                                      for national bank directors). Any
                                                                                                               Description: The information                       national bank may adopt bylaws that
                                                    Bank Premises.’’                                        collection requirements ensure that
                                                    DATES: You should submit written
                                                                                                                                                                  provide for the staggering the terms of
                                                                                                            institutions conduct their operations in              its directors. National banks shall
                                                    comments by January 22, 2018.                           a safe and sound manner and in                        provide the OCC with copies of any
                                                    ADDRESSES: Because paper mail in the                    accordance with applicable federal                    bylaws so amended.
                                                    Washington, DC area and at the OCC is                   banking statutes and regulations. The                    • 12 CFR 7.2024(c) (Size of bank
                                                    subject to delay, commenters are                        information is necessary for regulatory               board). A national bank seeking to
                                                    encouraged to submit comments by                        and examination purposes.                             increase the number of its directors
                                                    email, if possible. Comments may be                        The information collection                         must notify the OCC any time the
                                                    sent to: Legislative and Regulatory                     requirements are as follows:                          proposed size would exceed 25
                                                    Activities Division, Office of the                         • 12 CFR 5.37 (Investment in national              directors.
                                                    Comptroller of the Currency, Attention:                 bank or federal savings association                      Type of Review: Extension of a
                                                    1557–0204, 400 7th Street SW., Suite                    premises). A national bank or federal                 currently approved collection.
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    3E–218, Washington, DC 20219. In                        savings association may invest in                        Affected Public: Businesses or other
                                                    addition, comments may be sent by fax                   banking premises and other premises-                  for-profit.
                                                    to (571) 465–4326 or by email to                        related investments, loans, or                           Estimated Number of Respondents:
                                                    prainfo@occ.treas.gov. You may                          indebtedness by filing an application for             1,294.
                                                    personally inspect and photocopy                        prior approval whenever its investment                   Estimated Total Annual Burden: 611
                                                    comments at the OCC, 400 7th Street                     in bank premises will cause it to exceed              hours.
                                                    SW., Washington, DC 20219. For                          its capital stock. The application must                  Frequency of Response: On occasion.
                                                    security reasons, the OCC requires that                 describe the present and proposed                        Comments submitted in response to
                                                    visitors make an appointment to inspect                 investment and the business reason for                this notice will be summarized and


                                               VerDate Sep<11>2014   18:56 Nov 20, 2017   Jkt 244001   PO 00000   Frm 00143   Fmt 4703   Sfmt 4703   E:\FR\FM\21NON1.SGM   21NON1



Document Created: 2017-11-21 00:42:56
Document Modified: 2017-11-21 00:42:56
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionGrant of Petition.
ContactFor further information on this decision contact Leroy Angeles, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366-5304, facsimile (202) 366-5930.
FR Citation82 FR 55484 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR