Denial of Motor Vehicle Defect Petition, DP12-001, 35094-35098 [2013-13779]
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Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Notices
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Dated: June 4, 2013.
By Order of the Maritime Administrator.
Julie P. Agarwal,
Secretary, Maritime Administration.
[FR Doc. 2013–13831 Filed 6–10–13; 8:45 am]
BILLING CODE 4910–81–P
requesting that the agency open an
investigation into ‘‘the repeated final
drive bearing failure and possibly
flawed assembly controls of the final
drive unit on BMW K1200LT
[motorcycles]’’ and to require BMW to
‘‘recall the affected models for
inspection of component wear and
proper assembly of the [final drive].’’
NHTSA reviewed the material
provided by the petitioner and other
pertinent data that the agency gathered
since first learning of this issue in
February, 2003. The results of this
review and NHTSA’s analysis of the
petition’s merit is set forth in the DP12–
001 Petition Analysis Report, published
in its entirety as an appendix to this
notice.
For the reasons presented in the
petition analysis report, it is unlikely
that an order concerning the notification
and remedy of a safety-related defect
would be issued as a result of granting
Mr. Cimino’s request. Therefore, in view
of the need to allocate and prioritize
NHTSA’s limited resources to best
accomplish the agency’s safety mission,
the petition is denied.
Authority: 49 U.S.C. 30162(d); delegations
of authority at CFR 1.50 and 501.8.
Issued on: June 5, 2013.
Nancy Lummen Lewis,
Associate Administrator for Enforcement.
Appendix
Petition Analysis—DP12–001
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
Denial of Motor Vehicle Defect Petition,
DP12–001
National Highway Traffic
Safety Administration (NHTSA), DOT.
ACTION: Denial of petition for a defect
investigation.
AGENCY:
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SUMMARY: This notice describes the
reasons for denying a petition (DP12–
001) submitted to NHTSA under 49
U.S.C. Subtitle B, Chapter V, Part 552,
Subpart A, requesting that the agency
‘‘open an investigation’’ into ‘‘the
repeated final drive bearing failure and
possibly flawed assembly controls of the
final drive unit on BMW K1200LT
[motorcycles].’’
Bob
Young, Office of Defects Investigation
(ODI), NHTSA; 1200 New Jersey Ave.
SE; Washington, DC 20590. Telephone:
202–366–4806.
SUPPLEMENTARY INFORMATION: By letter
dated November 28, 2011, Mr.
Christopher D. Cimino wrote to NHTSA
FOR FURTHER INFORMATION CONTACT:
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Jkt 229001
1.0 Introduction
On December 5, 2011 the National
Highway Traffic Safety Administration
(NHTSA) received a letter (dated November
28, 2011) from Mr. Christopher D. Cimino,
requesting NHTSA to investigate repeated
final drive bearing failure[s] on certain BMW
K1200LT model motorcycles and require
BMW to recall the affected models for
inspection of component wear and proper
assembly of the unit. In support of his
request, Mr. Cimino cites: an earlier BMW
motorcycle recall addressing a final drive oil
loss issue (06V399); 1 related consumer
complaints filed with NHTSA; 2 an internetbased registry of owners experiencing a final
drive ‘‘failure’’; 3 an article appearing in a
motorcycle related magazine; 4 and his own
personal experience wherein he had to
replace the final drive ring gear ball-type
1 NHTSA
Recall 06V399 was filed on 10–9–06.
This recall addresses oil leaking from the speed
sensor o-ring of approximately 700 BMW
motorcycles.
2 Mr. Cimino cites 145 consumer complaints
which he found at https://www-odi.nhtsa.dot.gov/
complaints/.
3 Now defunct, a internet-based registry of related
final-drive complaints could be found at
www.bmwfinaldrive.com.
4 Bill Shaw, ‘‘Tarnished Roundel—Final Drive
Failures Taint BMW’s Image,’’ Motorcycle
Consumer News, Sep. 2008.
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Frm 00121
Fmt 4703
Sfmt 4703
bearing twice. Mr. Cimino also included the
damaged bearing parts from his most recent
incident. While Mr. Cimino did not style his
letter as a petition in accordance with 49
U.S.C. Part 552.4, NHTSA is treating it as
such.
In analyzing the petitioner’s allegations
and preparing a response, NHTSA:
• Reviewed and analyzed the petitioner’s
November 28th letter and attachments;
• Discussed Mr. Cimino’s allegations with
him;
• Reviewed NHTSA consumer complaints
identified by Mr. Cimino and those
submitted to the agency after he filed his
request;
• Reviewed Early Warning Reporting
(EWR) data submitted by BMW pursuant to
C.F.R. § 579.23;
• Reviewed information related to BMW’s
safety recall (06V399);
• Conducted a comprehensive internetbased search for information concerning
sudden, unforeseen subject final drive
bearing failure resulting in loss of motorcycle
control;
• Reviewed NHTSA’s consumer complaint
database for relevant reports;
• Reviewed www.bmwlt.com,
www.ibmwr.org, www.bmwmoa.org, and
www.bmwra.org for relevant Internet forum
postings;
• Analyzed data related to the internetbased registry of final drive-related
complaints found at
www.bmwfinaldrive.com;
• Conducted informal interviews with
K1200LT owners at various BMW Motorcycle
Owners of America (BMWMOA) and BMW
Riders Association (BMWRA) national
rallies;
• Participated in discussions with
technical experts at the BMWMOA and
BMWRA national rallies;
• Participated in discussions with BMW
Motorrad (BMW’s motorcycle division)
dealer service personnel;
• Reviewed magazine articles pertaining to
the final drive bearing issue, and conducted
informal discussions with the authors of
those articles;
• Conducted a comprehensive, internetbased search for information (including
forum postings) concerning sudden,
unforeseen subject final drive bearing failure
resulting in loss of motorcycle control.
The information gathered and reviewed
during this comprehensive effort fails to
establish that a safety-related defect trend
involving a final drive bearing failure exists
in the subject motorcycles. Consequently, the
petition is denied.
2.0 The Petioner’s Allegations
The petitioner wrote to NHTSA on
November 28, 2011 requesting that the
agency open an investigation into ‘‘the
repeated final drive bearing failure and
possibly flawed assembly controls of the final
drive unit on BMW K1200LT [motorcycles].’’
Prior to sending this letter, the petitioner
experienced two crown gear bearing failures
involving his model year (MY) 2001
K1200LT motorcycle. The first failure
occurred in December, 2008 when the
motorcycle had been driven 59,310 miles; the
E:\FR\FM\11JNN1.SGM
11JNN1
Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Notices
Internally, the final drive is comprised of
the components identified in Image 3.
Owners report incidents of ‘‘ball bearing’’
(i.e., ‘‘crown gear bearing’’) and this analysis
focuses on that allegation.
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15:13 Jun 10, 2013
Jkt 229001
PO 00000
Frm 00122
Fmt 4703
Sfmt 4703
‘‘Paralever’’ suspension/shaft drive (shown in
Image 2). The ‘‘final drive’’ is this Paralever
element:
E:\FR\FM\11JNN1.SGM
EN11JN13.001</GPH>
In 1988, BMW Motorrad introduced the
‘‘Paralever’’ rear suspension/shaft drive
swingarm (an upgrade from the company’s
original ‘‘Monolever’’ single-sided swingarm
first seen on the MY 1980 R80GS). All of the
subject motorcycles are manufactured with a
3.0 Subject Motorcycles
This analysis covers all MY 1998 through
2010 BMW K1200LT motorcycles (shown in
Image (1) produced for sale in the United
States. Weighing 866 lbs., this ‘‘Luxury
Tourer’’ motorcycle is a direct competitor of
the Honda ‘‘Goldwing’’ and was the heaviest
motorcycle in BMW’s lineup during those
model years. As a ‘‘full-dress’’ touring
motorcycle, it was also equipped with large
capacity panniers and an integrated tail trunk
giving it a ‘‘payload’’ weight-carrying
capability of 456 lbs. (including driver and
passenger) for a gross vehicle weight rating
of 1,322 lbs. All subject motorcycles are
equipped with BMW’s ‘‘Paralever’’ rear
suspension/shaft drive system.
11JNN1
EN11JN13.000</GPH>
wheel to lock at speed, likely resulting in a
loss of control. Further, the final drive oil
leaking from the damaged bearing seal onto
to rear tire could have resulted in a loss of
traction for the rear wheel.
4.0 Subject ‘‘Final Drive’’
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second failure occurred on October 21, 2011
at 75,994 miles. Neither incident resulted in
a loss of control. The petitioner, an
experienced motorcyclist, free-lance
journalist, and Motorcycle Safety Foundation
‘‘Rider Coach,’’ alleged that the defect
exposes subject vehicle operators to
‘‘potential loss of control, possible crash,
injury and . . . eventual fatality.’’ Regarding
his own experience, the petitioner stated that
when the final drive bearing failed, the
bearing parts could have caused the rear
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Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Notices
5.0 Consumer Complaints
In analyzing this petition’s merit, NHTSA
gathered information about allegations of
final drive bearing failures. In particular,
NHTSA looked for indications that the
failure(s) were sudden, unforeseen, and
resulted in the driver’s inability to control
the motorcycle.
5.1 ‘‘BMW FinalDrive.com’’ Database
As owner concern about BMW final drive
issues increased, an internet-based forum
survey was conducted by a BMW motorcycle
owner. By late 2009, at the survey’s
conclusion, 156 final drive bearing failure
reports were logged with 70 involving the
subject motorcycles. No verified crashes or
loss of control allegations were noted.
Bearings give different warnings when they
are failing including noise, increased
vibrations, and the visible loss of bearing
material. The alleged final drive bearing
failures listed in the BMW FinalDrive.com
database are consistent with these
universally accepted bearing failure
characteristics. Under ‘‘Precursor,’’ those
filing complaint(s) reported they became
aware of impending bearing failure in the
following ways:
• Vibration/Noise—64 reports
• Oil leak—27 reports
• Unknown—26 reports
• Ride Quality—16 reports
• Drain plug (debris noted on the
magnet)—14 reports
• Static rear wheel looseness—8 reports
• No Warning—1 report
5.2 Internet Forums
Numerous Internet forums concerning the
alleged final drive bearing failures exist.
Because the same person often posts about
one event on multiple forums, obtaining an
accurate count or verifying incidents is not
practical. Nevertheless, NHTSA conducted a
review of the forums and still failed to find
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15:13 Jun 10, 2013
Jkt 229001
any allegations of crown gear bearing failure
that resulted in a loss of motorcycle control.
5.3 BMW Motorcycle Owners of America and
BMW Riders Association Rallies
Since 2003, when NHTSA became aware of
final drive failures on the subject
motorcycles, the agency has attended 10
national rallies catering exclusively to BMW
motorcycle owners. Both the BMW
Motorcycle Owners of America (MOA) and
the BMW Riders Association (RA) hold
annual rallies drawing thousands of BMW
motorcycle riders including hundreds of
BMW K1200LT riders. During the rallies
attended by NHTSA, the staff informally
interviewed BMW motorcycle owners
(including those with K1200LTs) about any
final drive issues they might have
experienced. While many owners expressed
concern about the perceived safety
consequence of a final drive failure, those
who actually experienced a crown gear
bearing failure reported that they retained
complete control of the motorcycle when the
incident occurred.
Additionally, while attending the rallies,
NHTSA staff conducted seminars about the
agency’s safety defect program. During the
question-and-answer portion of the seminars,
NHTSA staff were asked about the agency’s
activities related to the BMW K1200LT final
drive failure. As motorcyclists discussed
their experience with a final drive bearing
failure, NHTSA heard from many owners that
a pre-ride check (as recommended by the
Motorcycle Safety Foundation in its Basic
Rider Course) would reveal if a bearing
failure was imminent. If either rear wheel
looseness and/or oil weeping from the ball
bearing seal are noted, the bearing should be
replaced before total failure occurs. Those
who had experienced a final drive failure
maintained that a loss of control could occur,
but without exception, a loss of control was
not reported.
PO 00000
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Fmt 4703
Sfmt 4703
5.4 BMW’s Early Warning Reporting (EWR)
Data
Since 2003, vehicle manufacturers have
been required to provide EWR data to
NHTSA on a quarterly basis. This data
includes reports of incidents involving
death(s) or injury(ies) and field reports. A
comprehensive search of the BMW EWR data
failed to identify any reports involving a
K1200LT final drive failure.
5.4 NHTSA’s Consumer Complaint Database
As of October 31, 2012, consumers have
filed 122 reports with NHTSA involving
BMW K1200LT motorcycles (with distinct
vehicle identification numbers) alleging final
drive failures. These reports were identified
by searching NHTSA’s database for all BMW
complaints (cars and motorcycles) and
manually reviewing them for relevance. In
this way, NHTSA staff avoided searching too
narrowly and identified all potential
complaints. Complaints that either
mentioned a final drive failure (even if the
bearing wasn’t identified) or described an
event appearing consistent with a final drive
failure were counted. In those instances
where multiple failures were alleged, only
the ‘‘first’’ failure was counted. Duplicative
reports were not counted. Likewise NHTSA
staff did not count those reports filed by
K1200LT owners simply expressing a
‘‘concern’’ that their final drive might fail.
The following tables represent the
complaint data received by NHTSA sorted by
report year, vehicle model year, and incident
year. By report year, NHTSA found the
following data in its database:
Report year
2002
2003
2004
2005
E:\FR\FM\11JNN1.SGM
..................
..................
..................
..................
11JNN1
Complaint
count
12
27
13
9
Crashes
0
0
0
0
EN11JN13.002</GPH>
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Complaint
count
Report year
2006
2007
2008
2009
2010
2011
2012
..................
..................
..................
..................
..................
..................
..................
12
8
8
8
2
2
21
0
0
0
0
0
0
0
Total ...........
122
0
Complaint
count
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
Crashes
..................
..................
..................
..................
..................
..................
..................
..................
..................
..................
..................
..................
39
34
16
16
9
0
4
0
1
3
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Total ...........
122
0
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By incident year, NHTSA found the
following data in its database:
VerDate Mar<15>2010
18:43 Jun 10, 2013
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
Jkt 229001
Crashes
..................
..................
..................
..................
..................
..................
..................
..................
..................
..................
..................
..................
..................
..................
1
1
6
12
22
14
10
14
6
8
10
6
6
6
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Total ...........
By model year, NHTSA found the
following data in its database:
Model year
Complaint
count
Incident year
Crashes
122
0
5.4.1 The Petitioner’s Complaint
On December 6, 2011, NHTSA received a
letter (dated November 28, 2011) from Mr.
Christopher Cimino about his MY 2001 BMW
K1200LT motorcycle. In this letter, Mr.
Cimino alleges he experienced two failures of
the final drive ring gear ball bearing on his
motorcycle. Mr. Cimino states that the first
failure occurred in December, 2008 at 59,310
miles and that he paid Engle Motors of
Kansas City (a BMW dealer) approximately
$400 to repair the motorcycle.5 Mr. Cimino
further reports that his K1200LT sustained a
second alleged final drive crown gear bearing
failure on October 21, 2011 at 75,994 miles.
Mr. Cimino states that he had the motorcycle
5 Owners report a final drive repair or
replacement cost averaging approximately $1,400.
PO 00000
Frm 00124
Fmt 4703
Sfmt 4703
35097
repaired the second time by Coast Riders
Powersports in San Luis Obispo, CA (an
independent motorcycle shop).
Through subsequent contact with Mr.
Cimino, the agency learned that he had
ridden his BMW K1200LT in multiple ‘‘Iron
Butt’’ rallies (www.ironbutt.com) and on the
Barber race track at a Reg Pridmore CLASS
event (www.classrides.com).
As with many K1200LT owners, Mr.
Cimino claims that a crown gear bearing
failure results in a condition that poses a risk
to rider safety. Mr. Cimino also believes that
if not for his ample riding experience, he
would have lost control of his motorcycle
and a crash would have occurred following
the crown gear bearing failures he
experienced on his motorcycle.
5.4.2 Calendar Year 2012 Complaints To
NHTSA
On February 3, 2012, a posting by Mr.
Cimino appeared on a number of motorcyclerelated internet forums.6 Within three hours,
NHTSA received the first of 21 ‘‘new’’
complaints for BMW K1200LT final drive
bearing failures. This count exceeded the
number of final drive bearing failure
complaints NHTSA had received in the
previous 13 months.7
Below is a listing of the 21 complaints
NHTSA received following Mr. Cimino’s
internet forum posting:
6 For an example, see https://www.advrider.com/
forums/showthread.php?t=761531.
7 From January 1, 2011 to February 3, 2012, the
agency received two relevant reports . . . one was
from Mr. Cimino.
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Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Notices
Incident dte
Recv’d dte
6/21/11 ...............................................................................................................................
7/21/10 ...............................................................................................................................
3/14/11 ...............................................................................................................................
4/10/10 ...............................................................................................................................
12/6/08 ...............................................................................................................................
7/10/10 ...............................................................................................................................
5/18/10 ...............................................................................................................................
2/1/12 .................................................................................................................................
2/2/06 .................................................................................................................................
6/17/11 ...............................................................................................................................
2/25/12 ...............................................................................................................................
6/15/09 ...............................................................................................................................
7/15/11 ...............................................................................................................................
5/3/12 .................................................................................................................................
4/8/10 .................................................................................................................................
7/17/09 ...............................................................................................................................
5/1/09 .................................................................................................................................
8/24/12 ...............................................................................................................................
9/24/04 ...............................................................................................................................
5/15/12 ...............................................................................................................................
4/15/12 ...............................................................................................................................
6.0 NHTSA Analysis
In assessing the petitioner’s claim that a
failure of the final drive crown gear ball
bearing unreasonably subjects BMW
K1200LT operators to a ‘‘potential loss of
[vehicle] control, possible crash, injury and,
if left unaddressed, eventual fatality,’’ the
agency reviewed consumer complaints filed
with NHTSA as well as those posted on
internet forums.
When NHTSA became aware of the alleged
defect in 2003, the initial assessment was
that, while final drive bearing failures posed
a customer satisfaction issue for BMW, the
crash risk was minimal. The subsequent nine
years of subject motorcycle exposure without
a crash reported appear to validate NHTSA’s
initial assessment. While the agency
understands riders’ concerns that a final
drive bearing failure may result in a crash,
NHTSA has not identified a single crash due
to such a failure. NHTSA has found that
when a bearing failure does occur on a
K1200LT (even in those instances where the
rider claims it was sudden and unforeseen),
riders are able to bring their motorcycle to a
safe stop.
7.0 Conclusion
Based on the foregoing analysis, it is
unlikely that NHTSA would issue an order
to recall and remedy the alleged defect. In
view of that conclusion, the petition by Mr.
Cimino is denied.
[FR Doc. 2013–13779 Filed 6–10–13; 8:45 am]
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BILLING CODE 4910–59–P
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2/3/12
2/3/12
2/4/12
2/4/12
2/6/12
2/8/12
2/8/12
2/15/12
2/21/12
2/24/12
3/5/12
3/13/12
5/3/12
5/9/12
6/7/12
6/29/12
7/5/12
8/29/12
9/6/12
10/11/12
10/22/12
DEPARTMENT OF VETERANS
AFFAIRS
[OMB Control No. 2900–NEW]
Proposed Information Collection (Hand
and Finger Disability Benefits
Questionnaire) Activity: Comment
Request
Veterans Benefits
Administration, Department of Veterans
Affairs.
ACTION: Notice.
AGENCY:
SUMMARY: The Veterans Benefits
Administration (VBA), Department of
Veterans Affairs (VA) is announcing an
opportunity for public comment on the
proposed collection of information by
the agency. Under the Paperwork
Reduction Act (PRA) of 1995, Federal
agencies are required to publish notice
in the Federal Register concerning each
proposed collection of information,
including each proposed new
collection, and allow 60 days for public
comment in response to the notice. This
notice solicits comments on information
needed for disability compensation or
pension claims which require an
examination and/or receiving private
medical evidence that may potentially
be sufficient for rating purposes.
DATES: Written comments and
recommendations on the proposed
collection of information should be
received on or before August 12, 2013.
ADDRESSES: Submit written comments
on the collection of information through
Federal Docket Management System
(FDMS), www.Regulations.gov; or to
Nancy J. Kessinger, Veterans Benefits
Administration (20M35), Department of
Veterans Affairs, 810 Vermont Avenue
PO 00000
Frm 00125
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Sfmt 4703
Model yr
2003
2001
2002
2002
2003
2003
2000
1999
1999
1999
2008
2001
2005
2000
2002
1999
2003
2000
1999
1999
2000
Failure
mileage
143740
87000
58000
76244
30876
35116
38696
Unk
Unk
46000
42000
45151
23200
87822
57010
20500
31555
37550
37290
42000
11500
Crash
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
NW., Washington, DC 20420 or email:
nancy.kessinger@va.gov. Please refer to
‘‘OMB Control No. 2900–NEW (Hand or
Finger Disability Benefits
Questionnaire)’’ in any correspondence.
During the comment period, comments
may be viewed online through the
FDMS.
FOR FURTHER INFORMATION CONTACT:
Nancy J. Kessinger at (202) 632–8924 or
Fax (202) 632–8925.
SUPPLEMENTARY INFORMATION: Under the
PRA of 1995 (Pub. L. 104–13; 44 U.S.C.
3501–3521), Federal agencies must
obtain approval from the Office of
Management and Budget (OMB) for each
collection of information they conduct
or sponsor. This request for comment is
being made pursuant to Section
3506(c)(2)(A) of the PRA.
With respect to the following
collection of information, VBA invites
comments on: (1) Whether the proposed
collection of information is necessary
for the proper performance of VBA’s
functions, including whether the
information will have practical utility;
(2) the accuracy of VBA’s estimate of the
burden of the proposed collection of
information; (3) ways to enhance the
quality, utility, and clarity of the
information to be collected; and (4)
ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques or
the use of other forms of information
technology.
Title: Hand and Finger Disability
Benefits Questionnaire, VA Form 21–
0960M–7.
OMB Control Number: 2900–NEW
(Hand and Finger Disability Benefits
Questionnaire).
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]]>Agencies
[Federal Register Volume 78, Number 112 (Tuesday, June 11, 2013)]
[Notices]
[Pages 35094-35098]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13779]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Denial of Motor Vehicle Defect Petition, DP12-001
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Denial of petition for a defect investigation.
-----------------------------------------------------------------------
SUMMARY: This notice describes the reasons for denying a petition
(DP12-001) submitted to NHTSA under 49 U.S.C. Subtitle B, Chapter V,
Part 552, Subpart A, requesting that the agency ``open an
investigation'' into ``the repeated final drive bearing failure and
possibly flawed assembly controls of the final drive unit on BMW
K1200LT [motorcycles].''
FOR FURTHER INFORMATION CONTACT: Bob Young, Office of Defects
Investigation (ODI), NHTSA; 1200 New Jersey Ave. SE; Washington, DC
20590. Telephone: 202-366-4806.
SUPPLEMENTARY INFORMATION: By letter dated November 28, 2011, Mr.
Christopher D. Cimino wrote to NHTSA requesting that the agency open an
investigation into ``the repeated final drive bearing failure and
possibly flawed assembly controls of the final drive unit on BMW
K1200LT [motorcycles]'' and to require BMW to ``recall the affected
models for inspection of component wear and proper assembly of the
[final drive].''
NHTSA reviewed the material provided by the petitioner and other
pertinent data that the agency gathered since first learning of this
issue in February, 2003. The results of this review and NHTSA's
analysis of the petition's merit is set forth in the DP12-001 Petition
Analysis Report, published in its entirety as an appendix to this
notice.
For the reasons presented in the petition analysis report, it is
unlikely that an order concerning the notification and remedy of a
safety-related defect would be issued as a result of granting Mr.
Cimino's request. Therefore, in view of the need to allocate and
prioritize NHTSA's limited resources to best accomplish the agency's
safety mission, the petition is denied.
Authority: 49 U.S.C. 30162(d); delegations of authority at CFR
1.50 and 501.8.
Issued on: June 5, 2013.
Nancy Lummen Lewis,
Associate Administrator for Enforcement.
Appendix
Petition Analysis--DP12-001
1.0 Introduction
On December 5, 2011 the National Highway Traffic Safety
Administration (NHTSA) received a letter (dated November 28, 2011)
from Mr. Christopher D. Cimino, requesting NHTSA to investigate
repeated final drive bearing failure[s] on certain BMW K1200LT model
motorcycles and require BMW to recall the affected models for
inspection of component wear and proper assembly of the unit. In
support of his request, Mr. Cimino cites: an earlier BMW motorcycle
recall addressing a final drive oil loss issue (06V399); \1\ related
consumer complaints filed with NHTSA; \2\ an internet-based registry
of owners experiencing a final drive ``failure''; \3\ an article
appearing in a motorcycle related magazine; \4\ and his own personal
experience wherein he had to replace the final drive ring gear ball-
type bearing twice. Mr. Cimino also included the damaged bearing
parts from his most recent incident. While Mr. Cimino did not style
his letter as a petition in accordance with 49 U.S.C. Part 552.4,
NHTSA is treating it as such.
---------------------------------------------------------------------------
\1\ NHTSA Recall 06V399 was filed on 10-9-06. This recall
addresses oil leaking from the speed sensor o-ring of approximately
700 BMW motorcycles.
\2\ Mr. Cimino cites 145 consumer complaints which he found at
https://www-odi.nhtsa.dot.gov/complaints/.
\3\ Now defunct, a internet-based registry of related final-
drive complaints could be found at www.bmwfinaldrive.com.
\4\ Bill Shaw, ``Tarnished Roundel--Final Drive Failures Taint
BMW's Image,'' Motorcycle Consumer News, Sep. 2008.
---------------------------------------------------------------------------
In analyzing the petitioner's allegations and preparing a
response, NHTSA:
Reviewed and analyzed the petitioner's November 28th
letter and attachments;
Discussed Mr. Cimino's allegations with him;
Reviewed NHTSA consumer complaints identified by Mr.
Cimino and those submitted to the agency after he filed his request;
Reviewed Early Warning Reporting (EWR) data submitted
by BMW pursuant to C.F.R. Sec. 579.23;
Reviewed information related to BMW's safety recall
(06V399);
Conducted a comprehensive internet-based search for
information concerning sudden, unforeseen subject final drive
bearing failure resulting in loss of motorcycle control;
Reviewed NHTSA's consumer complaint database for
relevant reports;
Reviewed www.bmwlt.com, www.ibmwr.org, www.bmwmoa.org,
and www.bmwra.org for relevant Internet forum postings;
Analyzed data related to the internet-based registry of
final drive-related complaints found at www.bmwfinaldrive.com;
Conducted informal interviews with K1200LT owners at
various BMW Motorcycle Owners of America (BMWMOA) and BMW Riders
Association (BMWRA) national rallies;
Participated in discussions with technical experts at
the BMWMOA and BMWRA national rallies;
Participated in discussions with BMW Motorrad (BMW's
motorcycle division) dealer service personnel;
Reviewed magazine articles pertaining to the final
drive bearing issue, and conducted informal discussions with the
authors of those articles;
Conducted a comprehensive, internet-based search for
information (including forum postings) concerning sudden, unforeseen
subject final drive bearing failure resulting in loss of motorcycle
control.
The information gathered and reviewed during this comprehensive
effort fails to establish that a safety-related defect trend
involving a final drive bearing failure exists in the subject
motorcycles. Consequently, the petition is denied.
2.0 The Petioner's Allegations
The petitioner wrote to NHTSA on November 28, 2011 requesting
that the agency open an investigation into ``the repeated final
drive bearing failure and possibly flawed assembly controls of the
final drive unit on BMW K1200LT [motorcycles].'' Prior to sending
this letter, the petitioner experienced two crown gear bearing
failures involving his model year (MY) 2001 K1200LT motorcycle. The
first failure occurred in December, 2008 when the motorcycle had
been driven 59,310 miles; the
[[Page 35095]]
second failure occurred on October 21, 2011 at 75,994 miles. Neither
incident resulted in a loss of control. The petitioner, an
experienced motorcyclist, free-lance journalist, and Motorcycle
Safety Foundation ``Rider Coach,'' alleged that the defect exposes
subject vehicle operators to ``potential loss of control, possible
crash, injury and . . . eventual fatality.'' Regarding his own
experience, the petitioner stated that when the final drive bearing
failed, the bearing parts could have caused the rear wheel to lock
at speed, likely resulting in a loss of control. Further, the final
drive oil leaking from the damaged bearing seal onto to rear tire
could have resulted in a loss of traction for the rear wheel.
3.0 Subject Motorcycles
This analysis covers all MY 1998 through 2010 BMW K1200LT
motorcycles (shown in Image (1) produced for sale in the United
States. Weighing 866 lbs., this ``Luxury Tourer'' motorcycle is a
direct competitor of the Honda ``Goldwing'' and was the heaviest
motorcycle in BMW's lineup during those model years. As a ``full-
dress'' touring motorcycle, it was also equipped with large capacity
panniers and an integrated tail trunk giving it a ``payload''
weight-carrying capability of 456 lbs. (including driver and
passenger) for a gross vehicle weight rating of 1,322 lbs. All
subject motorcycles are equipped with BMW's ``Paralever'' rear
suspension/shaft drive system.
[GRAPHIC] [TIFF OMITTED] TN11JN13.000
4.0 Subject ``Final Drive''
In 1988, BMW Motorrad introduced the ``Paralever'' rear
suspension/shaft drive swingarm (an upgrade from the company's
original ``Monolever'' single-sided swingarm first seen on the MY
1980 R80GS). All of the subject motorcycles are manufactured with a
``Paralever'' suspension/shaft drive (shown in Image 2). The ``final
drive'' is this Paralever element:
[GRAPHIC] [TIFF OMITTED] TN11JN13.001
Internally, the final drive is comprised of the components
identified in Image 3. Owners report incidents of ``ball bearing''
(i.e., ``crown gear bearing'') and this analysis focuses on that
allegation.
[[Page 35096]]
[GRAPHIC] [TIFF OMITTED] TN11JN13.002
5.0 Consumer Complaints
In analyzing this petition's merit, NHTSA gathered information
about allegations of final drive bearing failures. In particular,
NHTSA looked for indications that the failure(s) were sudden,
unforeseen, and resulted in the driver's inability to control the
motorcycle.
5.1 ``BMW FinalDrive.com'' Database
As owner concern about BMW final drive issues increased, an
internet-based forum survey was conducted by a BMW motorcycle owner.
By late 2009, at the survey's conclusion, 156 final drive bearing
failure reports were logged with 70 involving the subject
motorcycles. No verified crashes or loss of control allegations were
noted.
Bearings give different warnings when they are failing including
noise, increased vibrations, and the visible loss of bearing
material. The alleged final drive bearing failures listed in the BMW
FinalDrive.com database are consistent with these universally
accepted bearing failure characteristics. Under ``Precursor,'' those
filing complaint(s) reported they became aware of impending bearing
failure in the following ways:
Vibration/Noise--64 reports
Oil leak--27 reports
Unknown--26 reports
Ride Quality--16 reports
Drain plug (debris noted on the magnet)--14 reports
Static rear wheel looseness--8 reports
No Warning--1 report
5.2 Internet Forums
Numerous Internet forums concerning the alleged final drive
bearing failures exist. Because the same person often posts about
one event on multiple forums, obtaining an accurate count or
verifying incidents is not practical. Nevertheless, NHTSA conducted
a review of the forums and still failed to find any allegations of
crown gear bearing failure that resulted in a loss of motorcycle
control.
5.3 BMW Motorcycle Owners of America and BMW Riders Association Rallies
Since 2003, when NHTSA became aware of final drive failures on
the subject motorcycles, the agency has attended 10 national rallies
catering exclusively to BMW motorcycle owners. Both the BMW
Motorcycle Owners of America (MOA) and the BMW Riders Association
(RA) hold annual rallies drawing thousands of BMW motorcycle riders
including hundreds of BMW K1200LT riders. During the rallies
attended by NHTSA, the staff informally interviewed BMW motorcycle
owners (including those with K1200LTs) about any final drive issues
they might have experienced. While many owners expressed concern
about the perceived safety consequence of a final drive failure,
those who actually experienced a crown gear bearing failure reported
that they retained complete control of the motorcycle when the
incident occurred.
Additionally, while attending the rallies, NHTSA staff conducted
seminars about the agency's safety defect program. During the
question-and-answer portion of the seminars, NHTSA staff were asked
about the agency's activities related to the BMW K1200LT final drive
failure. As motorcyclists discussed their experience with a final
drive bearing failure, NHTSA heard from many owners that a pre-ride
check (as recommended by the Motorcycle Safety Foundation in its
Basic Rider Course) would reveal if a bearing failure was imminent.
If either rear wheel looseness and/or oil weeping from the ball
bearing seal are noted, the bearing should be replaced before total
failure occurs. Those who had experienced a final drive failure
maintained that a loss of control could occur, but without
exception, a loss of control was not reported.
5.4 BMW's Early Warning Reporting (EWR) Data
Since 2003, vehicle manufacturers have been required to provide
EWR data to NHTSA on a quarterly basis. This data includes reports
of incidents involving death(s) or injury(ies) and field reports. A
comprehensive search of the BMW EWR data failed to identify any
reports involving a K1200LT final drive failure.
5.4 NHTSA's Consumer Complaint Database
As of October 31, 2012, consumers have filed 122 reports with
NHTSA involving BMW K1200LT motorcycles (with distinct vehicle
identification numbers) alleging final drive failures. These reports
were identified by searching NHTSA's database for all BMW complaints
(cars and motorcycles) and manually reviewing them for relevance. In
this way, NHTSA staff avoided searching too narrowly and identified
all potential complaints. Complaints that either mentioned a final
drive failure (even if the bearing wasn't identified) or described
an event appearing consistent with a final drive failure were
counted. In those instances where multiple failures were alleged,
only the ``first'' failure was counted. Duplicative reports were not
counted. Likewise NHTSA staff did not count those reports filed by
K1200LT owners simply expressing a ``concern'' that their final
drive might fail.
The following tables represent the complaint data received by
NHTSA sorted by report year, vehicle model year, and incident year.
By report year, NHTSA found the following data in its database:
------------------------------------------------------------------------
Complaint
Report year count Crashes
------------------------------------------------------------------------
2002.......................................... 12 0
2003.......................................... 27 0
2004.......................................... 13 0
2005.......................................... 9 0
[[Page 35097]]
2006.......................................... 12 0
2007.......................................... 8 0
2008.......................................... 8 0
2009.......................................... 8 0
2010.......................................... 2 0
2011.......................................... 2 0
2012.......................................... 21 0
-------------------------
Total..................................... 122 0
------------------------------------------------------------------------
By model year, NHTSA found the following data in its database:
------------------------------------------------------------------------
Complaint
Model year count Crashes
------------------------------------------------------------------------
1999.......................................... 39 0
2000.......................................... 34 0
2001.......................................... 16 0
2002.......................................... 16 0
2003.......................................... 9 0
2004.......................................... 0 0
2005.......................................... 4 0
2006.......................................... 0 0
2007.......................................... 1 0
2008.......................................... 3 0
2009.......................................... 0 0
2010.......................................... 0 0
-------------------------
Total..................................... 122 0
------------------------------------------------------------------------
By incident year, NHTSA found the following data in its
database:
------------------------------------------------------------------------
Complaint
Incident year count Crashes
------------------------------------------------------------------------
1999.......................................... 1 0
2000.......................................... 1 0
2001.......................................... 6 0
2002.......................................... 12 0
2003.......................................... 22 0
2004.......................................... 14 0
2005.......................................... 10 0
2006.......................................... 14 0
2007.......................................... 6 0
2008.......................................... 8 0
2009.......................................... 10 0
2010.......................................... 6 0
2011.......................................... 6 0
2012.......................................... 6 0
-------------------------
Total..................................... 122 0
------------------------------------------------------------------------
5.4.1 The Petitioner's Complaint
On December 6, 2011, NHTSA received a letter (dated November 28,
2011) from Mr. Christopher Cimino about his MY 2001 BMW K1200LT
motorcycle. In this letter, Mr. Cimino alleges he experienced two
failures of the final drive ring gear ball bearing on his
motorcycle. Mr. Cimino states that the first failure occurred in
December, 2008 at 59,310 miles and that he paid Engle Motors of
Kansas City (a BMW dealer) approximately $400 to repair the
motorcycle.\5\ Mr. Cimino further reports that his K1200LT sustained
a second alleged final drive crown gear bearing failure on October
21, 2011 at 75,994 miles. Mr. Cimino states that he had the
motorcycle repaired the second time by Coast Riders Powersports in
San Luis Obispo, CA (an independent motorcycle shop).
---------------------------------------------------------------------------
\5\ Owners report a final drive repair or replacement cost
averaging approximately $1,400.
---------------------------------------------------------------------------
Through subsequent contact with Mr. Cimino, the agency learned
that he had ridden his BMW K1200LT in multiple ``Iron Butt'' rallies
(www.ironbutt.com) and on the Barber race track at a Reg Pridmore
CLASS event (www.classrides.com).
As with many K1200LT owners, Mr. Cimino claims that a crown gear
bearing failure results in a condition that poses a risk to rider
safety. Mr. Cimino also believes that if not for his ample riding
experience, he would have lost control of his motorcycle and a crash
would have occurred following the crown gear bearing failures he
experienced on his motorcycle.
5.4.2 Calendar Year 2012 Complaints To NHTSA
On February 3, 2012, a posting by Mr. Cimino appeared on a
number of motorcycle-related internet forums.\6\ Within three hours,
NHTSA received the first of 21 ``new'' complaints for BMW K1200LT
final drive bearing failures. This count exceeded the number of
final drive bearing failure complaints NHTSA had received in the
previous 13 months.\7\
---------------------------------------------------------------------------
\6\ For an example, see https://www.advrider.com/forums/showthread.php?t=761531.
\7\ From January 1, 2011 to February 3, 2012, the agency
received two relevant reports . . . one was from Mr. Cimino.
---------------------------------------------------------------------------
Below is a listing of the 21 complaints NHTSA received following
Mr. Cimino's internet forum posting:
[[Page 35098]]
----------------------------------------------------------------------------------------------------------------
Failure
Incident dte Recv'd dte Model yr mileage Crash
----------------------------------------------------------------------------------------------------------------
6/21/11.................................... 2/3/12 2003 143740 N
7/21/10.................................... 2/3/12 2001 87000 N
3/14/11.................................... 2/4/12 2002 58000 N
4/10/10.................................... 2/4/12 2002 76244 N
12/6/08.................................... 2/6/12 2003 30876 N
7/10/10.................................... 2/8/12 2003 35116 N
5/18/10.................................... 2/8/12 2000 38696 N
2/1/12..................................... 2/15/12 1999 Unk N
2/2/06..................................... 2/21/12 1999 Unk N
6/17/11.................................... 2/24/12 1999 46000 N
2/25/12.................................... 3/5/12 2008 42000 N
6/15/09.................................... 3/13/12 2001 45151 N
7/15/11.................................... 5/3/12 2005 23200 N
5/3/12..................................... 5/9/12 2000 87822 N
4/8/10..................................... 6/7/12 2002 57010 N
7/17/09.................................... 6/29/12 1999 20500 N
5/1/09..................................... 7/5/12 2003 31555 N
8/24/12.................................... 8/29/12 2000 37550 N
9/24/04.................................... 9/6/12 1999 37290 N
5/15/12.................................... 10/11/12 1999 42000 N
4/15/12.................................... 10/22/12 2000 11500 N
----------------------------------------------------------------------------------------------------------------
6.0 NHTSA Analysis
In assessing the petitioner's claim that a failure of the final
drive crown gear ball bearing unreasonably subjects BMW K1200LT
operators to a ``potential loss of [vehicle] control, possible
crash, injury and, if left unaddressed, eventual fatality,'' the
agency reviewed consumer complaints filed with NHTSA as well as
those posted on internet forums.
When NHTSA became aware of the alleged defect in 2003, the
initial assessment was that, while final drive bearing failures
posed a customer satisfaction issue for BMW, the crash risk was
minimal. The subsequent nine years of subject motorcycle exposure
without a crash reported appear to validate NHTSA's initial
assessment. While the agency understands riders' concerns that a
final drive bearing failure may result in a crash, NHTSA has not
identified a single crash due to such a failure. NHTSA has found
that when a bearing failure does occur on a K1200LT (even in those
instances where the rider claims it was sudden and unforeseen),
riders are able to bring their motorcycle to a safe stop.
7.0 Conclusion
Based on the foregoing analysis, it is unlikely that NHTSA would
issue an order to recall and remedy the alleged defect. In view of
that conclusion, the petition by Mr. Cimino is denied.
[FR Doc. 2013-13779 Filed 6-10-13; 8:45 am]
BILLING CODE 4910-59-P
