BMW of North America, LLC, a Subsidiary of BMW AG, Receipt of Petition for Decision of Inconsequential Noncompliance, 56700-56701 [2012-22569]

Download as PDF 56700 Federal Register / Vol. 77, No. 178 / Thursday, September 13, 2012 / Notices Comment Closing Date: October 15, 2012. Authority: 49 U.S.C. 30118, 30120: delegations of authority at CFR 1.50 and 501.8. Issued on: September 6, 2012. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. 2012–22559 Filed 9–12–12; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2012–0116; Notice 1] BMW of North America, LLC, a Subsidiary of BMW AG, Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration, DOT. ACTION: Receipt of petition. AGENCY: BMW of North America, LLC (BMW),1 a subsidiary of BMW AG,2 Munich, Germany, has determined that certain model year 2012 MINI Cooper Countryman passenger cars with optional three passenger rear seating manufactured between August 1, 2011 and May 23, 2012, do not fully comply with paragraph S4.3(b) of Federal Motor Vehicle Safety Standard (FMVSS) No. 110, Tire selection and rims and motor home/recreation vehicle trailer load carrying capacity information for motor vehicles with a GVWR of 4,536 kilograms (10,000 pounds) or less. BMW has filed an appropriate report dated June 1, 2012, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 CFR part 556), BMW submitted a petition for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential 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. Vehicles Involved: Affected are approximately 5,700 model year 2012 MINI Cooper Countryman passenger vehicles with optional three passenger mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: 1 BMW of North America, LLC, is a U.S. company that manufacturers and imports motor vehicles. 2 BMW AG, is a German company that manufacturers motor vehicles. VerDate Mar<15>2010 19:13 Sep 12, 2012 Jkt 226001 rear seating manufactured between August 1, 2011 and May 23, 2012. 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, these provisions only apply to the subject 5,700 3 vehicles that BMW no longer controlled at the time it determined that the noncompliance existed. Noncompliance: BMW explains that the noncompliance is that the vehicle placard on the affected vehicles incorrectly identifies the rear designated seating capacity as ‘‘2’’ when in fact it should be ‘‘3,’’ and the total designated seating capacity as ‘‘4’’ when in fact it should be ‘‘5.’’ Rule Text: Paragraph S4.3(b) of FMVSS No. 110 requires 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), * * *, on a placard permanently affixed to the driver’s side B-pillar. * * * (b)Designated seated capacity (expressed in terms of total number of occupants and number of occupants for each front and rear seat location);* * * Summary of BMW’S Analysis and Arguments BMW states that while the vehicle placard incorrectly identifies the vehicle seating capacity, this noncompliance is inconsequential to motor vehicle safety for the following reasons: 1. It would become clear to a vehicle owner that the rear seat of the affected vehicles contains three sets of seat belts, and provides adequate space for three people to occupy the rear seat and that the vehicle in fact does accommodate five passengers not four as labeled. 2. The tire pressure value on the vehicle placard is correct. In fact, the recommended tire inflation pressure for both the five passenger and the four passenger vehicles is the same. 3 BMW’s petition, which was filed under 49 CFR part 556, requests an agency decision to exempt BMW as a vehicle manufacturer from the notification and recall responsibilities of 49 CFR part 573 for the 5,700 affected vehicles. However, a decision on this petition will not relieve vehicle distributors and dealers of the prohibitions on the sale, offer for sale, introduction or delivery for introduction into interstate commerce of the noncompliant vehicles under their control after BMW notified them that the subject noncompliance existed. PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 Therefore, there is no risk of underinflation. 3. The vehicle capacity weight listed on the vehicle placard is correct, and is the same for Countryman model vehicles built for four or five occupants. Therefore, there is no risk of overloading. 4. The vehicle’s Monroney label 4 contains a listing of all options that have been equipped on the affected vehicles. The option regarding the rear seat for three occupants is noted on the Monroney label; therefore, an owner would have been notified at time of purchase of the vehicle that the rear seat is equipped to accommodate three occupants. 5. The vehicle Owner’s Manual contains information pertaining to the vehicle’s tires, tire pressure, and the vehicle capacity weight. Therefore, if owners check the Owner’s Manual, correct information is available for their use. 6. BMW also provides vehicle drivers with help determining the correct tire, tire pressure and loading information by way of toll-free telephone numbers for MINI Roadside AssistanceTM (available 24 hours/day)and MINI Customer Relations. 7. BMW has received no customer complaints and are unaware of any accidents or injuries regarding this noncompliance of the affected vehicles. BMW has additionally informed NHTSA that it has corrected future production and that all other required markings are present and correct. BMW also expressed its belief that NHTSA has previously granted similar petitions. In summation, BMW believes that the described noncompliance of its vehicle placards regarding seating capacity is inconsequential to motor vehicle safety, and that its petition, to exempt from providing recall notification of noncompliance as required by 49 U.S.C. 30118 and remedying the recall noncompliance as required by 49 U.S.C. 30120 should be granted. Comments: Interested persons are invited to submit written data, views, and arguments on this petition. Comments must refer to the docket and notice number cited at the beginning of this notice and be submitted by any of the following methods: a. 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. 4 Automobile Information Disclosure Act (AIDA), 15 U.S.C. 1231–1233 E:\FR\FM\13SEN1.SGM 13SEN1 Federal Register / Vol. 77, No. 178 / Thursday, September 13, 2012 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES b. By hand delivery 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. c. Electronically: by logging onto the Federal Docket Management System (FDMS) Web site at http:// www.regulations.gov/. Follow the online instructions for submitting comments. Comments may also be faxed to 1–202– 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 your comments were received, please enclose a stamped, selfaddressed postcard with the comments. Note that all comments received will be posted without change to http:// www.regulations.gov, including any personal information provided. Documents submitted to a docket may be viewed by anyone at the address and times given above. The documents may also be viewed on the Internet at http://www.regulations.gov by following the online instructions for accessing the dockets. DOT’s complete Privacy Act Statement is available for review in the Federal Register published on April 11, 2000, (65 FR 19477–78). The petition, supporting materials, and all comments received before the close of business on the closing date indicated below will be filed and will be considered. All comments and supporting materials received after the closing date will also be filed and will be considered to the extent possible. When the petition is granted or denied, notice of the decision will be published in the Federal Register pursuant to the authority indicated below. Comment Closing Date: October 15, 2012. Authority: 49 U.S.C. 30118, 30120: Delegations of authority at CFR 1.50 and 501.8. Issued on: September 6, 2012. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. 2012–22569 Filed 9–12–12; 8:45 am] BILLING CODE 4910–59–P VerDate Mar<15>2010 19:13 Sep 12, 2012 DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2012–0028; Notice 2] Morgan Olson, LLC, Denial of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration, DOT. ACTION: Notice of Petition Denial. AGENCY: Morgan Olson, LLC (Morgan Olson),1 has determined that certain model year 2009, 2010, and 2011 Morgan Olson walk-in van-type trucks having a gross vehicle weight rating (GVWR) over 4,536 kg and manufactured between September 1, 2009, and January 18, 2012, do not fully comply with paragraph S4.2.1 of Federal Motor Vehicle Safety Standard (FMVSS) No. 206, Door Locks and Door Retention Components. Morgan Olson has filed an appropriate report dated January 19, 2012, pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility and Reports. Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule implementing those provisions at 49 CFR Part 556, Morgan Olson has petitioned for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential to motor vehicle safety. The National Highway Traffic Safety Administration (NHTSA) published a notice of receipt of the petition, with a 30-day public comment period, on March 29, 2012, in the Federal Register (77 FR 19055). No comments were received. To view the petition and all supporting documents log onto the Federal Docket Management System (FDMS) Web site at: http://www.regulations.gov/. Then follow the online search instructions to locate docket number ‘‘NHTSA–2012– 0028.’’ Contact Information: For further information on this decision contact Mr. Tony Lazzaro, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366–5304, facsimile (202) 366–7002. Relevant Requirements of FMVSS No. 206: FMVSS No. 206 paragraph S4.2.1 requires in pertinent part that each sliding door system shall be equipped with either: (a) At least one primary door latch system, or (b) a door latch system with a fully latched position and SUMMARY: 1 Morgan Olson is a manufacturer of motor vehicles. Jkt 226001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 56701 a door closure warning system. The door closure warning system shall be located where it can be clearly seen by the driver. A ‘‘primary door latch’’ is defined in FMVSS No. 206 paragraph S3 as ‘‘a latch equipped with both a fully latched position and a secondary latch position and is designated as a ‘primary door latch’ by the manufacturer.’’ A ‘‘secondary latched position’’ refers to ‘‘the coupling condition of the latch that retains the door in a partially closed position.’’ FMVSS No. 206 paragraph S3. A ‘‘door closure warning system’’ is defined in FMVSS No. 206 paragraph S3 as ‘‘a system that will activate a visual signal when a door latch system is not in its fully latched position and the vehicle ignition system is activated.’’ Vehicles involved: Affected are approximately 6430 Morgan Olson model year 2009, 2010, and 2011 walkin van-type trucks. Noncompliance: Morgan Olson states that the affected vehicles do not contain a primary door latch system or door closure warning system as prescribed by paragraph S4.2.1 of FMVSS No. 206. Summary of Morgan Olson’s Analysis and Arguments: By way of background, the sliding door latch requirements contained in paragraph S4.2.1 of FMVSS No. 206 were adopted in February 2007 as part of a broader upgrade to the Agency’s existing door latch and retention requirements. See Federal Motor Vehicle Safety Standards; Door Locks and Door Retention Components, Final Rule, 72 FR 5385 (Feb. 6, 2007) [hereinafter 2007 Final Rule]. The effective date of these requirements was September l, 2009. As set forth in Morgan Olson’s noncompliance report, as a result of an erroneous interpretation as to the scope of FMVSS No. 206’s application, Morgan Olson mistakenly believed that the requirement for either a primary door latch system or door closure warning system applied only to its vehicles having a GVWR under 4,536 kg. In describing the operation of the affected doors Morgan Olson explains that when the sliding door is closed but not latched, there is a 1⁄2 inch gap between the door and its frame. Morgan Olson states that therefore, the rubber seal in the door jam as well as the exterior paint are clearly visible. Morgan Olson further states that when the door is latched, none of this is visible. Morgan Olson also explains that its customers are mostly delivery companies whose drivers are trained commercial drivers, and that a trained commercial driver, such as one driving E:\FR\FM\13SEN1.SGM 13SEN1

Agencies

[Federal Register Volume 77, Number 178 (Thursday, September 13, 2012)]
[Notices]
[Pages 56700-56701]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22569]


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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2012-0116; Notice 1]


BMW of North America, LLC, a Subsidiary of BMW AG, Receipt of 
Petition for Decision of Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Receipt of petition.

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

SUMMARY: BMW of North America, LLC (BMW),\1\ a subsidiary of BMW AG,\2\ 
Munich, Germany, has determined that certain model year 2012 MINI 
Cooper Countryman passenger cars with optional three passenger rear 
seating manufactured between August 1, 2011 and May 23, 2012, do not 
fully comply with paragraph S4.3(b) of Federal Motor Vehicle Safety 
Standard (FMVSS) No. 110, Tire selection and rims and motor home/
recreation vehicle trailer load carrying capacity information for motor 
vehicles with a GVWR of 4,536 kilograms (10,000 pounds) or less. BMW 
has filed an appropriate report dated June 1, 2012, pursuant to 49 CFR 
part 573, Defect and Noncompliance Responsibility and Reports.
---------------------------------------------------------------------------

    \1\ BMW of North America, LLC, is a U.S. company that 
manufacturers and imports motor vehicles.
    \2\ BMW AG, is a German company that manufacturers motor 
vehicles.
---------------------------------------------------------------------------

    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 
at 49 CFR part 556), BMW submitted a petition for an exemption from the 
notification and remedy requirements of 49 U.S.C. Chapter 301 on the 
basis that this noncompliance is inconsequential 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.
    Vehicles Involved: Affected are approximately 5,700 model year 2012 
MINI Cooper Countryman passenger vehicles with optional three passenger 
rear seating manufactured between August 1, 2011 and May 23, 2012.
    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, these provisions 
only apply to the subject 5,700 \3\ vehicles that BMW no longer 
controlled at the time it determined that the noncompliance existed.
---------------------------------------------------------------------------

    \3\ BMW's petition, which was filed under 49 CFR part 556, 
requests an agency decision to exempt BMW as a vehicle manufacturer 
from the notification and recall responsibilities of 49 CFR part 573 
for the 5,700 affected vehicles. However, a decision on this 
petition will not relieve vehicle distributors and dealers of the 
prohibitions on the sale, offer for sale, introduction or delivery 
for introduction into interstate commerce of the noncompliant 
vehicles under their control after BMW notified them that the 
subject noncompliance existed.
---------------------------------------------------------------------------

    Noncompliance: BMW explains that the noncompliance is that the 
vehicle placard on the affected vehicles incorrectly identifies the 
rear designated seating capacity as ``2'' when in fact it should be 
``3,'' and the total designated seating capacity as ``4'' when in fact 
it should be ``5.''
    Rule Text: Paragraph S4.3(b) of FMVSS No. 110 requires 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), * * *, on a placard permanently affixed to the driver's side B-
pillar. * * *
    (b)Designated seated capacity (expressed in terms of total 
number of occupants and number of occupants for each front and rear 
seat location);* * *

Summary of BMW'S Analysis and Arguments

    BMW states that while the vehicle placard incorrectly identifies 
the vehicle seating capacity, this noncompliance is inconsequential to 
motor vehicle safety for the following reasons:
    1. It would become clear to a vehicle owner that the rear seat of 
the affected vehicles contains three sets of seat belts, and provides 
adequate space for three people to occupy the rear seat and that the 
vehicle in fact does accommodate five passengers not four as labeled.
    2. The tire pressure value on the vehicle placard is correct. In 
fact, the recommended tire inflation pressure for both the five 
passenger and the four passenger vehicles is the same. Therefore, there 
is no risk of under-inflation.
    3. The vehicle capacity weight listed on the vehicle placard is 
correct, and is the same for Countryman model vehicles built for four 
or five occupants. Therefore, there is no risk of overloading.
    4. The vehicle's Monroney label \4\ contains a listing of all 
options that have been equipped on the affected vehicles. The option 
regarding the rear seat for three occupants is noted on the Monroney 
label; therefore, an owner would have been notified at time of purchase 
of the vehicle that the rear seat is equipped to accommodate three 
occupants.
---------------------------------------------------------------------------

    \4\ Automobile Information Disclosure Act (AIDA), 15 U.S.C. 
1231-1233
---------------------------------------------------------------------------

    5. The vehicle Owner's Manual contains information pertaining to 
the vehicle's tires, tire pressure, and the vehicle capacity weight. 
Therefore, if owners check the Owner's Manual, correct information is 
available for their use.
    6. BMW also provides vehicle drivers with help determining the 
correct tire, tire pressure and loading information by way of toll-free 
telephone numbers for MINI Roadside AssistanceTM (available 
24 hours/day)and MINI Customer Relations.
    7. BMW has received no customer complaints and are unaware of any 
accidents or injuries regarding this noncompliance of the affected 
vehicles.
    BMW has additionally informed NHTSA that it has corrected future 
production and that all other required markings are present and 
correct.
    BMW also expressed its belief that NHTSA has previously granted 
similar petitions.
    In summation, BMW believes that the described noncompliance of its 
vehicle placards regarding seating capacity is inconsequential to motor 
vehicle safety, and that its petition, to exempt from providing recall 
notification of noncompliance as required by 49 U.S.C. 30118 and 
remedying the recall noncompliance as required by 49 U.S.C. 30120 
should be granted.
    Comments: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket and notice number cited at the beginning of this notice and be 
submitted by any of the following methods:
    a. 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.

[[Page 56701]]

    b. By hand delivery 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.
    c. Electronically: by logging onto the Federal Docket Management 
System (FDMS) Web site at http://www.regulations.gov/. Follow the 
online instructions for submitting comments. Comments may also be faxed 
to 1-202-493-2251.
    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 your comments were received, please 
enclose a stamped, self-addressed postcard with the comments. Note that 
all comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
    Documents submitted to a docket may be viewed by anyone at the 
address and times given above. The documents may also be viewed on the 
Internet at http://www.regulations.gov by following the online 
instructions for accessing the dockets. DOT's complete Privacy Act 
Statement is available for review in the Federal Register published on 
April 11, 2000, (65 FR 19477-78).
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated below will 
be filed and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the extent possible. When the petition is granted or 
denied, notice of the decision will be published in the Federal 
Register pursuant to the authority indicated below.
    Comment Closing Date: October 15, 2012.

    Authority: 49 U.S.C. 30118, 30120: Delegations of authority at 
CFR 1.50 and 501.8.

    Issued on: September 6, 2012.
Claude H. Harris, Director,
Office of Vehicle Safety Compliance.
[FR Doc. 2012-22569 Filed 9-12-12; 8:45 am]
BILLING CODE 4910-59-P