82 FR 5641 - BMW Group of America, LLC, Incorporated, Receipt of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 82, Issue 11 (January 18, 2017)
National Highway Traffic Safety Administration
Federal Register Volume 82, Issue 11 (January 18, 2017)
| Page Range | 5641-5642 | |
| FR Document | 2017-01005 |
[Federal Register Volume 82, Number 11 (Wednesday, January 18, 2017)] [Notices] [Pages 5641-5642] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-01005] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2016-0115; Notice 1] BMW Group of America, LLC, Incorporated, Receipt of Petition for Decision of Inconsequential Noncompliance AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. ----------------------------------------------------------------------- SUMMARY: BMW of North America, LLC (BMW), has determined that certain model year (MY) 2016-2017 BMW, Mini, and Rolls-Royce vehicles do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 209, Seat Belt Assemblies. BMW filed a report dated October 13, 2016. BMW also petitioned NHTSA on November 4, 2016, 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 February 17, 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://www.regulations.gov by following the online instructions for accessing the dockets. The docket ID number for this petition is shown in the heading of this notice. DOT's complete Privacy Act Statement is available for review in a Federal Register notice published on April 11, 2000, (65 FR 19477-78). SUPPLEMENTARY INFORMATION: I. Overview BMW of North America, LLC (BMW), has determined that certain model year (MY) 2016-2017 BMW, Mini, and Rolls-Royce vehicles do not fully comply with paragraph 4.3(j)(2)(ii) of Federal Motor Vehicle Safety Standard (FMVSS) No. 209, Seat Belt Assemblies. BMW filed a report dated October 13, 2016, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. BMW also petitioned NHTSA on November 4, 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. 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 15,630 of the following MY 2016-2017 BMW, Mini, and Rolls-Royce vehicles manufactured [[Page 5642]] between June 29, 2016 and October 10, 2016 are potentially involved: 2017 BMW X1 SAV (X1 sDrive28i, X1 xDrive28i) 2017 BMW 5 Series Gran Turismo (535i Gran Turismo, 535i xDrive Gran Turismo, 550i xDrive Gran Turismo) 2016 BMW 5 Series (528i, 528i xDrive, 535i, 535i xDrive, 550i, 550i xDrive, M5) 2016 BMW 5 Series (535d, 535d xDrive) 2016 Mini Cooper Clubman and Mini Cooper S Clubman Mini Hardtop 4-door Cooper and Mini Hardtop 4-door Cooper S 2017 Rolls-Royce Ghost III. Noncompliance BMW explains that the noncompliance involves the Emergency Locking Retractor (ELR) in the safety belt assembly of the vehicle's front left seat. These ELRs are equipped with a vehicle-sensitive locking mechanism and a webbing-sensitive locking mechanism. The noncompliance specifically involves the vehicle-sensitive locking mechanism, which does not lock as designed when subjected to the requirements of paragraph S4.3(j)(2)(ii) of FMVSS No. 209. IV. Rule Text Paragraph S4.3 of FMVSS No. 209 states in pertinent part: S4.3 Requirements for hardware . . . (j) Emergency-locking retractor . . . (2) For seat belt assemblies manufactured on or after February 22, 2007 and for manufacturers opting for early compliance. An emergency-locking retractor of a Type 1 or Type 2 seat belt assembly, when tested in accordance with the procedures specified in paragraph S5.2(j)(2) . . . (ii) Shall lock before the webbing payout exceeds the maximum limit of 25 mm when the retractor is subjected to an acceleration of 0.7 g under the applicable test conditions of S5.2(j)(2)(iii)(A) or (B). The retractor is determined to be locked when the webbing belt load tension is at least 35 N. V. Summary of BMW's Petition BMW described the subject noncompliance and stated its belief that the noncompliance is inconsequential as it relates to motor vehicle safety. In support of its petition, BMW submitted the following reasoning: (a) The vehicle-sensitive locking mechanism functions, but the non- compliance involves a slight exceedance of the FMVSS No. 209 Section S4.3(j)(2)(ii) requirement. (b) The slight exceedance is such that, based upon testing of non- compliant units, the vehicle-sensitive locking mechanism locks at approximately 1.0g within 25mm, or at 0.7 g within 90mm. (c) The tilt-lock function of the ELR is compliant, and locks at angles greater than 15-deg up to 41-deg when subjected to the FMVSS No. 209 Section S4.3(j)(2) rollover requirements. (d) The ELR also contains a voluntary webbing-sensitive locking mechanism which provides crash and rollover restraint performance comparable to the performance provided by an FMVSS No. 209 compliant vehicle-sensitive locking mechanism. (e) Crash test results comparing FMVSS No. 209 S4.3(j)(2)(ii) compliant ELRs and ELRs in which the vehicle-sensitive locking mechanism has been disabled (to demonstrate a ``worst-case scenario'', even though in affected vehicles the vehicle-sensitive mechanism remains functional) demonstrate comparable results according to FMVSS No. 208 assessments. Test results indicate that any performance differences are with normal ``data scatter'' and are attributed to test tolerances. (f) Affected safety belt assemblies comply with all other applicable provisions of FMVSS No. 209. (g) NHTSA previously granted a petition from General Motors in which the ELR's vehicle-sensitive locking mechanism was completely non- functional, whereas the ELR's vehicle-sensitive locking mechanism in the affected BMW vehicles is functional, but may experience a slight exceedance of the FMVSS no. 209 S4.3(j)(2)(ii) requirement. (h) BMW has not received any customer complaints related to this issue. (i) BMW is not aware of any accidents or injuries related to this issue. (j) Vehicle production has been corrected. BMW concluded by expressing the belief that the subject noncompliance is inconsequential as it relates to motor vehicle safety, and that its petition to be exempted from providing notification of the noncompliance, as required by 49 U.S.C. 30118, and a remedy for the noncompliance, as required by 49 U.S.C. 30120, should be granted. To view BMW's petition, test data and analyses 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. 2017-01005 Filed 1-17-17; 8:45 am] BILLING CODE 4910-59-P
![Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Notices 5641
MBUSA explained that the DEPARTMENT OF TRANSPORTATION submitted by mail were received, please
recommended tire inflation pressure for enclose a stamped, self-addressed
the labeled spare tire listed on the National Highway Traffic Safety postcard with the comments. Note that
FMVSS No. 110 tire placard is the same Administration all comments received will be posted
inflation pressure that MBUSA would without change to https://
[Docket No. NHTSA–2016–0115; Notice 1]
recommend for the originally equipped www.regulations.gov, including any
spare tire. The agency verified that both BMW Group of America, LLC, personal information provided.
spare tire sizes at the labeled Incorporated, Receipt of Petition for All comments and supporting
recommended inflation pressure are Decision of Inconsequential materials received before the close of
appropriate for the maximum loaded Noncompliance business on the closing date indicated
weight of the subject vehicles. If a above will be filed in the docket and
consumer inadvertently used the AGENCY: National Highway Traffic will be considered. All comments and
labeled inflation pressure to inflate the Safety Administration (NHTSA), supporting materials received after the
originally equipped spare tire, the tire Department of Transportation (DOT). closing date will also be filed and will
load rating would be sufficient for the ACTION: Receipt of petition. be considered to the fullest extent
maximum loaded vehicle weight. possible.
SUMMARY: BMW of North America, LLC When the petition is granted or
Furthermore, MBUSA explained that
(BMW), has determined that certain denied, notice of the decision will also
the subject vehicle’s owner’s manuals
model year (MY) 2016–2017 BMW, be published in the Federal Register
describe both spare tire sizes. The
Mini, and Rolls-Royce vehicles do not pursuant to the authority indicated at
agency believes this additional
fully comply with Federal Motor the end of this notice.
information can be used by the
Vehicle Safety Standard (FMVSS) No. All comments, background
consumer to ensure either size is
209, Seat Belt Assemblies. BMW filed a documentation, and supporting
appropriate for use.
report dated October 13, 2016. BMW materials submitted to the docket may
NHTSA’s Decision: In consideration also petitioned NHTSA on November 4, be viewed by anyone at the address and
of the foregoing, NHTSA finds that 2016, for a decision that the subject times given above. The documents may
MBUSA has met its burden of noncompliance is inconsequential as it also be viewed on the Internet at https://
persuasion that the subject FMVSS No. relates to motor vehicle safety. www.regulations.gov by following the
110 noncompliance in the affected DATES: The closing date for comments online instructions for accessing the
vehicles is inconsequential to motor on the petition is February 17, 2017. dockets. The docket ID number for this
vehicle safety. Accordingly, MBUSA’s petition is shown in the heading of this
ADDRESSES: Interested persons are
petition is hereby granted and MBUSA notice.
is consequently exempted from the invited to submit written data, views,
and arguments on this petition. DOT’s complete Privacy Act
obligation of providing notification of,
Comments must refer to the docket and Statement is available for review in a
and a free remedy for, the subject
notice number cited in the title of this Federal Register notice published on
noncompliance under 49 U.S.C. 30118
notice and submitted by any of the April 11, 2000, (65 FR 19477–78).
and 30120.
following methods: SUPPLEMENTARY INFORMATION:
NHTSA notes that the statutory • Mail: Send comments by mail
provisions (49 U.S.C. 30118(d) and addressed to U.S. Department of I. Overview
30120(h)) that permit manufacturers to Transportation, Docket Operations, M– BMW of North America, LLC (BMW),
file petitions for a determination of 30, West Building Ground Floor, Room has determined that certain model year
inconsequentiality allow NHTSA to W12–140, 1200 New Jersey Avenue SE., (MY) 2016–2017 BMW, Mini, and Rolls-
exempt manufacturers only from the Washington, DC 20590. Royce vehicles do not fully comply with
duties found in sections 30118 and • Hand Delivery: Deliver comments paragraph 4.3(j)(2)(ii) of Federal Motor
30120, respectively, to notify owners, by hand to U.S. Department of Vehicle Safety Standard (FMVSS) No.
purchasers, and dealers of a defect or Transportation, Docket Operations, M– 209, Seat Belt Assemblies. BMW filed a
noncompliance and to remedy the 30, West Building Ground Floor, Room report dated October 13, 2016, pursuant
defect or noncompliance. Therefore, this W12–140, 1200 New Jersey Avenue SE., to 49 CFR part 573, Defect and
decision only applies to the subject Washington, DC 20590. The Docket Noncompliance Responsibility and
vehicles that MBUSA no longer Section is open on weekdays from 10 Reports. BMW also petitioned NHTSA
controlled at the time it determined that a.m. to 5 p.m. except Federal Holidays. on November 4, 2016, pursuant to 49
the noncompliance existed. However, • Electronically: Submit comments U.S.C. 30118(d) and 30120(h) and 49
the granting of this petition does not electronically by logging onto the CFR part 556, for an exemption from the
relieve vehicle distributors and dealers Federal Docket Management System notification and remedy requirements of
of the prohibitions on the sale, offer for (FDMS) Web site at https:// 49 U.S.C. Chapter 301 on the basis that
sale, or introduction or delivery for www.regulations.gov/. Follow the online this noncompliance is inconsequential
introduction into interstate commerce of instructions for submitting comments. as it relates to motor vehicle safety.
the noncompliant vehicles under their • Comments may also be faxed to This notice of receipt of BMW’s
control after MBUSA notified them that (202) 493–2251. petition is published under 49 U.S.C.
the subject noncompliance existed. Comments must be written in the 30118 and 30120 and does not represent
English language, and be no greater than any agency decision or other exercise of
mstockstill on DSK3G9T082PROD with NOTICES
Authority: 49 U.S.C. 30118, 30120:
delegations of authority at 49 CFR 1.95 and 15 pages in length, although there is no judgment concerning the merits of the
501.8. limit to the length of necessary petition.
attachments to the comments. If
Jeffrey M. Giuseppe, comments are submitted in hard copy II. Vehicles Involved
Director, Office of Vehicle Safety Compliance. form, please ensure that two copies are Approximately 15,630 of the
[FR Doc. 2017–01006 Filed 1–17–17; 8:45 am] provided. If you wish to receive following MY 2016–2017 BMW, Mini,
BILLING CODE 4910–59–P confirmation that comments you have and Rolls-Royce vehicles manufactured
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![5642 Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Notices
between June 29, 2016 and October 10, (c) The tilt-lock function of the ELR is duties found in sections 30118 and
2016 are potentially involved: compliant, and locks at angles greater 30120, respectively, to notify owners,
• 2017 BMW X1 SAV (X1 sDrive28i, X1 than 15-deg up to 41-deg when purchasers, and dealers of a defect or
xDrive28i) subjected to the FMVSS No. 209 Section noncompliance and to remedy the
• 2017 BMW 5 Series Gran Turismo S4.3(j)(2) rollover requirements. defect or noncompliance. Therefore, any
(535i Gran Turismo, 535i xDrive Gran (d) The ELR also contains a voluntary decision on this petition only applies to
Turismo, 550i xDrive Gran Turismo) webbing-sensitive locking mechanism the subject vehicles that BMW no longer
• 2016 BMW 5 Series (528i, 528i which provides crash and rollover controlled at the time it determined that
xDrive, 535i, 535i xDrive, 550i, 550i restraint performance comparable to the the noncompliance existed. However,
xDrive, M5) performance provided by an FMVSS No. any decision on this petition does not
• 2016 BMW 5 Series (535d, 535d 209 compliant vehicle-sensitive locking relieve vehicle distributors and dealers
xDrive) mechanism. of the prohibitions on the sale, offer for
• 2016 Mini Cooper Clubman and Mini (e) Crash test results comparing sale, or introduction or delivery for
Cooper S Clubman FMVSS No. 209 S4.3(j)(2)(ii) compliant introduction into interstate commerce of
• Mini Hardtop 4-door Cooper and Mini ELRs and ELRs in which the vehicle- the noncompliant vehicles under their
Hardtop 4-door Cooper S sensitive locking mechanism has been control after BMW notified them that
• 2017 Rolls-Royce Ghost disabled (to demonstrate a ‘‘worst-case the subject noncompliance existed.
III. Noncompliance scenario’’, even though in affected
vehicles the vehicle-sensitive Authority: 49 U.S.C. 30118, 30120:
BMW explains that the delegations of authority at 49 CFR 1.95 and
mechanism remains functional)
noncompliance involves the Emergency 501.8.
demonstrate comparable results
Locking Retractor (ELR) in the safety
according to FMVSS No. 208 Jeffrey M. Giuseppe,
belt assembly of the vehicle’s front left
assessments. Director, Office of Vehicle Safety Compliance.
seat. These ELRs are equipped with a Test results indicate that any
vehicle-sensitive locking mechanism [FR Doc. 2017–01005 Filed 1–17–17; 8:45 am]
performance differences are with
and a webbing-sensitive locking normal ‘‘data scatter’’ and are attributed
BILLING CODE 4910–59–P
mechanism. The noncompliance to test tolerances.
specifically involves the vehicle- (f) Affected safety belt assemblies
sensitive locking mechanism, which DEPARTMENT OF TRANSPORTATION
comply with all other applicable
does not lock as designed when provisions of FMVSS No. 209.
subjected to the requirements of National Highway Traffic Safety
(g) NHTSA previously granted a Administration
paragraph S4.3(j)(2)(ii) of FMVSS No. petition from General Motors in which
209. the ELR’s vehicle-sensitive locking Petition for Exemption From the
IV. Rule Text mechanism was completely non- Federal Motor Vehicle Theft Prevention
functional, whereas the ELR’s vehicle- Standard; General Motors LLC
Paragraph S4.3 of FMVSS No. 209
sensitive locking mechanism in the
states in pertinent part: AGENCY: National Highway Traffic
affected BMW vehicles is functional, but
S4.3 Requirements for hardware . . . may experience a slight exceedance of Safety Administration, Department of
(j) Emergency-locking retractor . . . the FMVSS no. 209 S4.3(j)(2)(ii) Transportation (DOT).
(2) For seat belt assemblies manufactured
requirement. ACTION: Grant of petition for exemption.
on or after February 22, 2007 and for
manufacturers opting for early compliance.
(h) BMW has not received any
An emergency-locking retractor of a Type 1 customer complaints related to this SUMMARY: This document grants in full
or Type 2 seat belt assembly, when tested in issue. the General Motors LLC’s (GM) petition
accordance with the procedures specified in (i) BMW is not aware of any accidents for an exemption of the Chevrolet Volt
paragraph S5.2(j)(2) . . . or injuries related to this issue. vehicle line in accordance with 49 CFR
(ii) Shall lock before the webbing payout (j) Vehicle production has been part 543, Exemption from Vehicle Theft
exceeds the maximum limit of 25 mm when corrected. Prevention Standard. This petition is
the retractor is subjected to an acceleration of BMW concluded by expressing the granted because the agency has
0.7 g under the applicable test conditions of belief that the subject noncompliance is
S5.2(j)(2)(iii)(A) or (B). The retractor is
determined that the antitheft device to
determined to be locked when the webbing
inconsequential as it relates to motor be placed on the line as standard
belt load tension is at least 35 N. vehicle safety, and that its petition to be equipment is likely to be as effective in
exempted from providing notification of reducing and deterring motor vehicle
V. Summary of BMW’s Petition the noncompliance, as required by 49 theft as compliance with the parts-
BMW described the subject U.S.C. 30118, and a remedy for the marking requirements of 49 CFR part
noncompliance and stated its belief that noncompliance, as required by 49 541, Federal Motor Vehicle Theft
the noncompliance is inconsequential U.S.C. 30120, should be granted. Prevention Standard (Theft Prevention
as it relates to motor vehicle safety. To view BMW’s petition, test data and Standard).
In support of its petition, BMW analyses in its entirety you can visit
submitted the following reasoning: https://www.regulations.gov by DATES: The exemption granted by this
(a) The vehicle-sensitive locking following the online instructions for notice is effective beginning with the
mechanism functions, but the non- accessing the dockets and by using the 2018 model year (MY).
compliance involves a slight exceedance docket ID number for this petition FOR FURTHER INFORMATION CONTACT: Ms.
mstockstill on DSK3G9T082PROD with NOTICES
of the FMVSS No. 209 Section shown in the heading of this notice. Deborah Mazyck, Office of International
S4.3(j)(2)(ii) requirement. NHTSA notes that the statutory Policy, Fuel Economy and Consumer
(b) The slight exceedance is such that, provisions (49 U.S.C. 30118(d) and Programs, NHTSA, W43–443, 1200 New
based upon testing of non-compliant 30120(h)) that permit manufacturers to Jersey Avenue SE., Washington, DC
units, the vehicle-sensitive locking file petitions for a determination of 20590. Ms. Mazyck’s phone number is
mechanism locks at approximately 1.0g inconsequentiality allow NHTSA to (202) 366–4139. Her fax number is (202)
within 25mm, or at 0.7 g within 90mm. exempt manufacturers only from the 493–2990.
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Document Created: 2018-02-01 15:18:59
Document Modified: 2018-02-01 15:18:59
| 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 February 17, 2017. | |
| FR Citation | 82 FR 5641 |
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