BMW of North America, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance, 32815-32816 [2014-13181]
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Federal Register / Vol. 79, No. 109 / Friday, June 6, 2014 / Notices
in the Federal Register pursuant to the
authority indicated below.
SUPPLEMENTARY INFORMATION:
I. MMNA’s Petition
Pursuant to 49 U.S.C. 30118(d) and
30120(h) (see implementing rule at 49
CFR part 556), MMNA 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 MMNA’s
petition is published under 49 U.S.C.
30118 and 30120 and does not represent
any agency decision or other exercise of
judgment concerning the merits of the
petition.
II. Vehicles Involved
Affected are approximately 311 MY
2014 Mitsubishi Outlander Sport MPVs
manufactured from February 12, 2014
through February 21, 2014 that
contained mislabeled laminated rear
door glazing manufactured by
Pilkington North America, Inc. (PNA).
III. Noncompliance
MMNA explains that the
noncompliance is that the laminated
rear door glazing in the subject vehicles
was labeled with the incorrect
manufacturer’s model number.
Specifically, the glazing was labeled
with PNA model number ‘‘M131’’
instead of the correct model number
‘‘M129.’’
wreier-aviles on DSK5TPTVN1PROD with NOTICES
IV. Rule Text
FMVSS No. 205 incorporates ANSI
Z26.1–1996 and other industry
standards in paragraph S.5.1 by
reference. Paragraph S6 of FMVSS No.
205 specifically requires manufacturers
to mark the glazing material in
accordance with Section 7 of ANSI
Z26.1 and to add other markings
required by NHTSA. With respect to the
subject noncompliance, Section 7 of
ANSI Z26.1–1996 specifies that in
addition to the item of glazing number
and other required markings, the
manufacturer shall include a model
number which will identify the type of
construction of the glazing material.
V. Summary of MMNA’s Analyses
MMNA stated its belief that the
subject noncompliance relates solely to
the product monograms or markings,
specifically the use of model number
‘‘M 131’’ instead of ‘‘M 129’’. These rear
door windows otherwise meet all other
marking and performance requirements
of FMVSS No. 205 and ANSI Z26.1.
MMNA also stated its belief that
NHTSA previously noted that ‘‘The
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13:59 Jun 05, 2014
Jkt 232001
stated purposes of FMVSS No. 205 are
to reduce injuries resulting from impact
to glazing surfaces, to ensure a
necessary degree of transparency in
motor vehicle windows for driver
visibility, and to minimize the
possibility of occupants being thrown
through the vehicle windows in
collisions’’ (64 FR 70116, December 15,
1999). MMNA believes that because the
affected glazing fully meets all of the
applicable performance requirements of
FMVSS No. 205 that the absence of the
correct model number on the glazing
has no effect upon the ability of the
glazing to satisfy those purposes and
thus perform in the manner intended by
FMVSS No. 205.
MMNA also stated its belief that
NHTSA has previously granted other
petitions that MMNA believes were
similar to the subject petition.
MMNA is not aware of any crashes,
injuries, customer complaints, or field
reports associated with this condition.
MMNA has additionally informed
NHTSA that it has corrected the
noncompliance so that all future
production vehicles delivered with
laminated glass will comply with
FMVSS No. 205.
In summation, MMNA 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.
NHTSA notes that the statutory
provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to
file petitions for a determination of
inconsequentiality allow NHTSA to
exempt manufacturers only from the
duties found in sections 30118 and
30120, respectively, to notify owners,
purchasers, and dealers of a defect or
noncompliance and to remedy the
defect or noncompliance. Therefore, any
decision on this petition only applies to
the subject vehicles that MMNA no
longer controlled at the time it
determined that the noncompliance
existed. However, any decision on this
petition does not relieve vehicle
distributors and dealers of the
prohibitions on the sale, offer for sale,
or introduction or delivery for
introduction into interstate commerce of
the noncompliant vehicles under their
control after MMNA notified them that
the subject noncompliance existed.
PO 00000
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Fmt 4703
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32815
Authority: (49 U.S.C. 30118, 30120:
Delegations of authority at 49 CFR 1.95 and
501.8).
Jeffrey M. Giuseppe,
Acting Director, Office of Vehicle Safety
Compliance.
[FR Doc. 2014–13183 Filed 6–5–14; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2013–0146; Notice 1]
BMW of North America, LLC, Receipt
of Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
AGENCY:
BMW of North America, LLC,
(BMW) a subsidiary of BMW AG in
Munich, Germany, has determined that
certain model year (MY) 2014 BMW 7
series and 6 series vehicles do not fully
comply with paragraph S5.2.1 of
Federal Motor Vehicle Safety Standard
(FMVSS) No. 101, Controls and
Displays. BMW has filed an appropriate
report dated December 5, 2013 pursuant
to 49 CFR part 573, Defect and
Noncompliance Responsibility and
Reports.
DATES: The closing date for comments
on the petition is July 7, 2014.
ADDRESSES: Interested persons are
invited to submit written data, views,
and arguments on this petition.
Comments must refer to the docket and
notice number cited at the beginning of
this notice and be submitted by any of
the following methods:
• Mail: Send comments by mail
addressed to: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
• Hand Deliver: Deliver comments by
hand to: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590. The Docket
Section is open on weekdays from 10
a.m. to 5 p.m. except Federal Holidays.
• Electronically: Submit comments
electronically by: Logging onto the
Federal Docket Management System
(FDMS) Web site at https://
www.regulations.gov/. Follow the online
instructions for submitting comments.
Comments may also be faxed to (202)
493–2251.
SUMMARY:
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06JNN1
32816
Federal Register / Vol. 79, No. 109 / Friday, June 6, 2014 / Notices
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 https://
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 https://
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.
SUPPLEMENTARY INFORMATION:
I. BMW’s Petition
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.
wreier-aviles on DSK5TPTVN1PROD with NOTICES
II. Vehicles Involved
Affected are approximately 5,806 of
the following MY 2014 BMW vehicles:
2014 BMW 7 Series manufactured
between July 1, 2013 and November
4, 2013,
2014 BMW 6 Series Coupe M Sport
Edition manufactured between May
15, 2013 and October 29, 2013,
2014 BMW 6 Series Grand Coupe M
Sport Edition manufactured
between May 15, 2013 and July 30,
2013,
VerDate Mar<15>2010
13:59 Jun 05, 2014
Jkt 232001
2014 BMW 6 Series Convertible M Sport
Edition manufactured between
April 2, 2013 and October 29, 2013.
III. Noncompliance
BMW explains that while using invehicle controls and displays, there is a
possibility for the vehicle operator or
front seat passenger to enable the
speedometer to display vehicle speed in
units of miles-per-hour (mph) or
kilometers-per-hour (km/h). Since all
vehicles sold in the U.S. must display
vehicle speeds in mph, or mph and km/
h these vehicles fail to fully meet the
requirements set forth in paragraph
S5.2.1 of FMVSS No. 101.
IV. Rule Text
Paragraph S5.2.1 of FMVSS No. 101
requires in pertinent part:
S5.2.1 Except for the Low Tire Pressure
Telltale, each control, telltale and indicator
that is listed in column 1 of Table 1 or Table
2 must be identified by the symbol specified
for it in column 2 or the word or abbreviation
specified for it in column 3 of Table 1 or
Table 2 . . .
V. Summary of BMW’s Analyses
BMW stated its belief that the subject
noncompliance is inconsequential to
motor vehicle safety for the following
reasons:
1. BMW states that the indicated
vehicle speed in km/h is 1.6 times
greater than speed in mph. BMW
believes that if a vehicle operator
changes the display to indicate km/h
and later forgets that the change had
been made, the operator will clearly
recognize that the vehicle is moving at
a lower speed than intended and adjust
the vehicle speed to match road and
traffic conditions. Thus, signaling the
operator (at the next appropriate
opportunity) to perform the necessary
steps to adjust the speedometer.
2. BMW also states that the vehicle’s
Owner Manual contains information
pertaining to the use of the iDrive
controller to change the units displayed
within the ‘‘Settings’’ menu. Therefore,
if a vehicle operator needs to
reconfigure the display to indicate mph,
instructions are available.
3. BMW further states that the
vehicle’s Owner Manual and Service
and Warranty Book contain the toll-free
telephone number for BMW Customer
Relations. Additionally, the in-vehicle
iDrive system offers the vehicle operator
a BMW Customer Relations menu
option to directly contact BMW
Customer Relations via the embedded
wireless communications module.
Therefore, if a vehicle operator notices
that the speed is incorrectly displayed
in km/h and does not know how to reset
PO 00000
Frm 00126
Fmt 4703
Sfmt 9990
the speed to display in mph, e.g., as set
by a prior operator, the vehicle operator
can easily contact BMW Customer
Relations for assistance.
5. BMW is not aware of any contacts
from vehicle operators regarding this
issue.
6. BMW is also not aware of any
accidents or injuries that have occurred
as a result of this issue.
BMW has additionally informed
NHTSA that it has corrected the
noncompliance so that all future
production vehicles will comply with
FMVSS No. 101.
In summation, BMW believes that the
described noncompliance of the subject
vehicles is inconsequential to motor
vehicle safety, and that its petition, to
exempt BMW 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.
NHTSA notes that the statutory
provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to
file petitions for a determination of
inconsequentiality allow NHTSA to
exempt manufacturers only from the
duties found in sections 30118 and
30120, respectively, to notify owners,
purchasers, and dealers of a defect or
noncompliance and to remedy the
defect or noncompliance. Therefore, any
decision on this petition only applies to
the subject vehicles that BMW no longer
controlled at the time it determined that
the noncompliance existed. However,
any decision on this petition does not
relieve BMW distributors and dealers of
the prohibitions on the sale, offer for
sale, or introduction or delivery for
introduction into interstate commerce of
the noncompliant motor vehicles under
their control after BMW notified them
that the subject noncompliance existed.
Authority: (49 U.S.C. 30118, 30120:
Delegations of authority at 49 CFR 1.95 and
501.8).
Jeffrey M. Giuseppe,
Acting Director, Office of Vehicle Safety
Compliance.
[FR Doc. 2014–13181 Filed 6–5–14; 8:45 am]
BILLING CODE 4910–59–P
E:\FR\FM\06JNN1.SGM
06JNN1
Agencies
[Federal Register Volume 79, Number 109 (Friday, June 6, 2014)]
[Notices]
[Pages 32815-32816]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13181]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2013-0146; Notice 1]
BMW of North America, LLC, Receipt of Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
-----------------------------------------------------------------------
SUMMARY: BMW of North America, LLC, (BMW) a subsidiary of BMW AG in
Munich, Germany, has determined that certain model year (MY) 2014 BMW 7
series and 6 series vehicles do not fully comply with paragraph S5.2.1
of Federal Motor Vehicle Safety Standard (FMVSS) No. 101, Controls and
Displays. BMW has filed an appropriate report dated December 5, 2013
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility
and Reports.
DATES: The closing date for comments on the petition is July 7, 2014.
ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited at the beginning of this notice and be
submitted by any of the following methods:
Mail: Send comments by mail addressed to: U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
Hand Deliver: Deliver comments by hand to: U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. The
Docket Section is open on weekdays from 10 a.m. to 5 p.m. except
Federal Holidays.
Electronically: Submit comments electronically by: Logging
onto the Federal Docket Management System (FDMS) Web site at https://www.regulations.gov/. Follow the online instructions for submitting
comments. Comments may also be faxed to (202) 493-2251.
[[Page 32816]]
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 https://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 https://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.
SUPPLEMENTARY INFORMATION:
I. BMW's Petition
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.
II. Vehicles Involved
Affected are approximately 5,806 of the following MY 2014 BMW
vehicles:
2014 BMW 7 Series manufactured between July 1, 2013 and November 4,
2013,
2014 BMW 6 Series Coupe M Sport Edition manufactured between May 15,
2013 and October 29, 2013,
2014 BMW 6 Series Grand Coupe M Sport Edition manufactured between May
15, 2013 and July 30, 2013,
2014 BMW 6 Series Convertible M Sport Edition manufactured between
April 2, 2013 and October 29, 2013.
III. Noncompliance
BMW explains that while using in-vehicle controls and displays,
there is a possibility for the vehicle operator or front seat passenger
to enable the speedometer to display vehicle speed in units of miles-
per-hour (mph) or kilometers-per-hour (km/h). Since all vehicles sold
in the U.S. must display vehicle speeds in mph, or mph and km/h these
vehicles fail to fully meet the requirements set forth in paragraph
S5.2.1 of FMVSS No. 101.
IV. Rule Text
Paragraph S5.2.1 of FMVSS No. 101 requires in pertinent part:
S5.2.1 Except for the Low Tire Pressure Telltale, each control,
telltale and indicator that is listed in column 1 of Table 1 or
Table 2 must be identified by the symbol specified for it in column
2 or the word or abbreviation specified for it in column 3 of Table
1 or Table 2 . . .
V. Summary of BMW's Analyses
BMW stated its belief that the subject noncompliance is
inconsequential to motor vehicle safety for the following reasons:
1. BMW states that the indicated vehicle speed in km/h is 1.6 times
greater than speed in mph. BMW believes that if a vehicle operator
changes the display to indicate km/h and later forgets that the change
had been made, the operator will clearly recognize that the vehicle is
moving at a lower speed than intended and adjust the vehicle speed to
match road and traffic conditions. Thus, signaling the operator (at the
next appropriate opportunity) to perform the necessary steps to adjust
the speedometer.
2. BMW also states that the vehicle's Owner Manual contains
information pertaining to the use of the iDrive controller to change
the units displayed within the ``Settings'' menu. Therefore, if a
vehicle operator needs to reconfigure the display to indicate mph,
instructions are available.
3. BMW further states that the vehicle's Owner Manual and Service
and Warranty Book contain the toll-free telephone number for BMW
Customer Relations. Additionally, the in-vehicle iDrive system offers
the vehicle operator a BMW Customer Relations menu option to directly
contact BMW Customer Relations via the embedded wireless communications
module. Therefore, if a vehicle operator notices that the speed is
incorrectly displayed in km/h and does not know how to reset the speed
to display in mph, e.g., as set by a prior operator, the vehicle
operator can easily contact BMW Customer Relations for assistance.
5. BMW is not aware of any contacts from vehicle operators
regarding this issue.
6. BMW is also not aware of any accidents or injuries that have
occurred as a result of this issue.
BMW has additionally informed NHTSA that it has corrected the
noncompliance so that all future production vehicles will comply with
FMVSS No. 101.
In summation, BMW believes that the described noncompliance of the
subject vehicles is inconsequential to motor vehicle safety, and that
its petition, to exempt BMW 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.
NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, any decision on
this petition only applies to the subject vehicles that BMW no longer
controlled at the time it determined that the noncompliance existed.
However, any decision on this petition does not relieve BMW
distributors and dealers of the prohibitions on the sale, offer for
sale, or introduction or delivery for introduction into interstate
commerce of the noncompliant motor vehicles under their control after
BMW notified them that the subject noncompliance existed.
Authority: (49 U.S.C. 30118, 30120: Delegations of authority at
49 CFR 1.95 and 501.8).
Jeffrey M. Giuseppe,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2014-13181 Filed 6-5-14; 8:45 am]
BILLING CODE 4910-59-P