BMW of North America, LLC, a Subsidiary of BMW AG, Grant of Petition for Decision of Inconsequential Noncompliance, 38799-38800 [2013-15464]

Download as PDF Federal Register / Vol. 78, No. 124 / Thursday, June 27, 2013 / Notices clarity of the information to be collected; and ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended; and 49 CFR 1:48. Issued on: June 21, 2013. Christopher J. Bonanti Associate Administrator for Rulemaking. [FR Doc. 2013–15401 Filed 6–26–13; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2012–0116; Notice 2] BMW of North America, LLC, a Subsidiary of BMW AG, Grant of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration, DOT. ACTION: Grant of Petition. AGENCY: BMW of North America, LLC (BMW) 1, a subsidiary of BMW AG 2, Munich, Germany, has determined that certain model year (MY) 2012 MINI Cooper Countryman passenger cars with optional three passenger rear seating and 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) and the rule implementing those provisions at 49 CFR Part 556, BMW 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. Notice of receipt of the petition was published, with a 30-day public comment period, on September 13, 2012 in the Federal Register (77 FR 56700). No comments were received. To view mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: 1 BMW of North America, LLC is a U.S. company that manufactures and imports motor vehicles. 2 BMW AG is a German company that manufactures motor vehicles. VerDate Mar<15>2010 18:12 Jun 26, 2013 Jkt 229001 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– 0116.’’ FOR FURTHER INFORMATION CONTACT: For further information on this decision contact Ms. Amina Fisher, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366–5307. Vehicles Involved: Affected are approximately 5,700 MY 2012 MINI Cooper Countryman passenger vehicles with optional three passenger rear seating manufactured between August 1, 2011 and May 23, 2012. Summary of BMW’S Analyses: 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.’’ 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 an affected vehicle contains three sets of seat belts, 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 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 3 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 3 Automobile Information Disclosure Act (AIDA), 15 U.S.C. 1231–1233. PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 38799 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 is 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. In summation, BMW believes that the described noncompliance of the subject vehicles 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. Background Requirement: Section § 4.3 (b) of FMVSS No. 110 specifically states: § 4.3 Placard. Each vehicle, except for a trailer or incomplete vehicle, shall show the information specified in § 4.3 (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); . . . NHTSA Decision: NHTSA has reviewed BMW’s analyses that the noncompliance is inconsequential to motor vehicle safety. NHTSA agrees that understating the number of rear seat occupants poses little safety risk, and vehicle owners will observe three seat belts and correctly identify three seating positions. BMW has provided sufficient documentation that the vehicle placard does comply with all other safety performance requirements. Since the vehicle placard clearly states the correct vehicle capacity weight and tire inflation pressure and NHTSA has verified both are compatible with five occupants, there is little risk of vehicle overloading. In consideration of the foregoing, NHTSA has decided that BMW has met its burden of persuasion and that the subject FMVSS No. 110 noncompliance is inconsequential to motor vehicle safety. Accordingly, BMW’s petition is hereby granted, and BMW is exempted from the obligation of providing notification of, and a remedy for, that noncompliance under 49 U.S.C. 30118 and 30120. E:\FR\FM\27JNN1.SGM 27JNN1 38800 Federal Register / Vol. 78, No. 124 / Thursday, June 27, 2013 / Notices NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 30120(h)) that permit manufacturers to file petitions for a determination of inconsequentiality allow NHTSA to exempt manufacturers only from the duties found in sections 30118 and 30120, respectively, to notify owners, purchasers, and dealers of a defect or noncompliance and to remedy the defect or noncompliance. Therefore, this decision only applies to approximately 5,700 vehicles that BMW no longer controlled at the time that it determined that a noncompliance existed in the subject vehicles. However, the granting of this petition does not relieve vehicle distributors and dealers of the prohibitions on the sale, offer for sale, or introduction or delivery for 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) Issued On: June 19, 2013. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. 2013–15464 Filed 6–26–13; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2010–0166; Notice 2] Panda Power LLC, Denial of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration, DOT. ACTION: Denial of Petition. AGENCY: Panda Power LLC (Panda Power) 1, has determined that High Intensity Discharge (HID) lighting kits 2 that it imported and sold during 2007, 2008 and 2009 failed to meet the requirements of paragraph S7.7 of Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equipment. Panda Power has filed an appropriate report pursuant to 49 CFR Part 573, Defect and Noncompliance mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: 1 Panda Power, LLC (Panda Power) is organized under the laws of the State of Arizona and is the importer of the subject nonconforming replacement equipment. Panda Power sold the nonconforming replacement equipment while doing business under the name Mobile HID. 2 Panda Power’s high-intensity lighting (HID) kits each contained 2 light sources, 2 ballasts and a wiring harness with relay and fuse). VerDate Mar<15>2010 18:12 Jun 26, 2013 Jkt 229001 Responsibility and Reports, dated February 10, 2010. Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule implementing those provisions at 49 CFR Part 556, Panda Power 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. Notice of receipt of the petition was published, with a 30day public comment period, on December 21, 2010 in the Federal Register (75 FR 80110). Comments were received from Daniel Stern Lighting Consultancy and Michael F. Turpen. To view the petition, all supporting documents, and the comments, 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–2010–0166.’’ FOR FURTHER INFORMATION CONTACT: For further information on this decision, contact Mr. Michael Cole, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366–2334, facsimile (202) 366–7002. Lighting Kits Involved: Affected are approximately 1,851 headlamp kits that Panda Power sold during 2007, 2008 and 2009. All of the affected HID headlamp kits were manufactured by Guangzhou Kingwoodcar Company, LTD, Guangzhou City, China. Summary of Panda Power’s Analyses: Panda Power did not describe the noncompliances in detail, instead it deferred to the agency’s concern that the subject HID headlamp kits may not comply with one or more of the regulations enforced by the agency. This concern was described as an apparent noncompliance in a letter NHTSA sent to Panda Power dated September 2, 2009. The letter was sent to Panda Power as part of a National Highway Traffic Safety Administration (NHTSA) Office of Vehicle Safety Compliance Office Activity.3 In their petition, Panda Power argues that the noncompliance is inconsequential to motor vehicle safety for the following reasons: (1) The HID headlamp kits were originally intended for sale to the agricultural community to be placed on tractors and combines, for off-road vehicles, and for exhibition purposes; (2) the HID bulbs that were sold with the kits in 2007 and 2008 are likely burned out by now and no longer functioning; and (3) Panda Power no longer sells the HID headlamp kits. 3 Office PO 00000 Activity Number: OA–108–090606G. Frm 00119 Fmt 4703 Sfmt 4703 Supported by the above stated reasons, Panda Power believes that although the HID headlamp kits do not meet the required dimensional and electrical specifications of FMVSS No. 108, the noncompliance is inconsequential to motor vehicle safety and that its petition, to exempt it 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. Discussion Requirement Background Paragraph S7.7 of FMVSS No. 108 requires in pertinent part: S7.7 Replaceable light sources. Each replaceable light source shall be designed to conform to the dimensions and electrical specifications furnished with respect to it pursuant to part 564 of this chapter, and shall conform to the following requirements: (See a,b,c,d,e, and f) A new motor vehicle must have a headlighting system that includes upper beams and lower beams. Among other things, the headlamps must provide light within a specified range of intensity in certain areas, and not provide light above specified levels in other areas. In general, vehicle manufacturers use one of a number of standard replaceable light sources to achieve the regulatory requirements, although alternatively they may devise or arrange for development of a new light source for a new vehicle. For each of these types of light sources, the dimensions and electrical specifications are furnished to NHTSA under 49 CFR Part 564. The vehicle manufacturer certifies that the vehicle with a particular light source meets FMVSSs, including FMVSS No. 108. Each headlamp and item of associated equipment (such as a light source commonly referred to as a headlamp bulb) manufactured to replace any lamp or item of associated equipment must be designed to conform to FMVSS No. 108. Each replaceable light source must be designed to conform to the dimensions and electrical specifications furnished with respect to it pursuant to 49 CFR Part 564. In addition, NHTSA’s regulations require that the base of the replaceable light source be marked with the bulb marking designation, that the replaceable light source meet lighting performance requirements and, if a ballast is required, additional requirements must be met. Headlamp replaceable light sources have standard designations. NHTSA’s regulations use terms for the various types of headlamp bulbs, such as HB1 E:\FR\FM\27JNN1.SGM 27JNN1

Agencies

[Federal Register Volume 78, Number 124 (Thursday, June 27, 2013)]
[Notices]
[Pages 38799-38800]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15464]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2012-0116; Notice 2]


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

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Grant of Petition.

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SUMMARY: BMW of North America, LLC (BMW) \1\, a subsidiary of BMW AG 
\2\, Munich, Germany, has determined that certain model year (MY) 2012 
MINI Cooper Countryman passenger cars with optional three passenger 
rear seating and 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 
manufactures and imports motor vehicles.
    \2\ BMW AG is a German company that manufactures motor vehicles.
---------------------------------------------------------------------------

    Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule 
implementing those provisions at 49 CFR Part 556, BMW 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. Notice of receipt of the 
petition was published, with a 30-day public comment period, on 
September 13, 2012 in the Federal Register (77 FR 56700). 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-2012-0116.''

FOR FURTHER INFORMATION CONTACT: For further information on this 
decision contact Ms. Amina Fisher, Office of Vehicle Safety Compliance, 
the National Highway Traffic Safety Administration (NHTSA), telephone 
(202) 366-5307.
    Vehicles Involved: Affected are approximately 5,700 MY 2012 MINI 
Cooper Countryman passenger vehicles with optional three passenger rear 
seating manufactured between August 1, 2011 and May 23, 2012.
    Summary of BMW'S Analyses: 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.''
    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 
an affected vehicle contains three sets of seat belts, 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 \3\ 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.
---------------------------------------------------------------------------

    \3\ 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 Assistance\TM\ (available 24 hours/
day) and MINI Customer Relations.
    7. BMW has received no customer complaints and is 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.
    In summation, BMW believes that the described noncompliance of the 
subject vehicles 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.
    Background Requirement: Section Sec.  4.3 (b) of FMVSS No. 110 
specifically states:

    Sec.  4.3 Placard. Each vehicle, except for a trailer or 
incomplete vehicle, shall show the information specified in Sec.  
4.3 (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); . . .

    NHTSA Decision: NHTSA has reviewed BMW's analyses that the 
noncompliance is inconsequential to motor vehicle safety. NHTSA agrees 
that understating the number of rear seat occupants poses little safety 
risk, and vehicle owners will observe three seat belts and correctly 
identify three seating positions. BMW has provided sufficient 
documentation that the vehicle placard does comply with all other 
safety performance requirements. Since the vehicle placard clearly 
states the correct vehicle capacity weight and tire inflation pressure 
and NHTSA has verified both are compatible with five occupants, there 
is little risk of vehicle overloading.
    In consideration of the foregoing, NHTSA has decided that BMW has 
met its burden of persuasion and that the subject FMVSS No. 110 
noncompliance is inconsequential to motor vehicle safety. Accordingly, 
BMW's petition is hereby granted, and BMW is exempted from the 
obligation of providing notification of, and a remedy for, that 
noncompliance under 49 U.S.C. 30118 and 30120.

[[Page 38800]]

    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 
30120(h)) that permit manufacturers to file petitions for a 
determination of inconsequentiality allow NHTSA to exempt manufacturers 
only from the duties found in sections 30118 and 30120, respectively, 
to notify owners, purchasers, and dealers of a defect or noncompliance 
and to remedy the defect or noncompliance. Therefore, this decision 
only applies to approximately 5,700 vehicles that BMW no longer 
controlled at the time that it determined that a noncompliance existed 
in the subject vehicles. However, the granting of this petition does 
not relieve vehicle distributors and dealers of the prohibitions on the 
sale, offer for sale, or introduction or delivery for 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)

    Issued On: June 19, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-15464 Filed 6-26-13; 8:45 am]
BILLING CODE 4910-59-P