BMW of North America, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance, 18294-18295 [2015-07608]
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18294
Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Notices
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including: (1)
Whether the proposed collection is
necessary for the performance of
FMCSA’s functions; (2) the accuracy of
the estimated burden; (3) ways for the
FMCSA to enhance the quality,
usefulness, and clarity of the collected
information; and (4) ways that the
burden could be minimized without
reducing the quality of the information
collected. The Agency will summarize
or include your comments in the request
for OMB’s clearance of this ICR.
Issued under the authority of 49 CFR 1.87
on: March 26, 2015.
G. Kelly Regal,
Associate Administrator for Office of
Research and Information Technology and
Chief Information Officer.
[FR Doc. 2015–07676 Filed 4–2–15; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2014–0118; 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) 2015 BMW
model X5 xDrive35i and model X5
xDrive35d multipurpose passenger
vehicles (MPV) do not fully comply
with paragraph S4.3.3 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
October 22, 2014, pursuant to 49 CFR
part 573, Defect and Noncompliance
Responsibility and Reports.
DATES: The closing date for comments
on the petition is May 4, 2015.
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 submitted by any of the
following methods:
• Mail: Send comments by mail
addressed to: U.S. Department of
asabaliauskas on DSK5VPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:49 Apr 02, 2015
Jkt 235001
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.
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.
PO 00000
Frm 00107
Fmt 4703
Sfmt 4703
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 68 MY 2015 BMW model
X5 xDrive35i and model X5 xDrive35d
MPVs manufactured between October 3,
2014 through October 7, 2014.
III. Noncompliance: BMW explains
that the vehicle certification labels
required by 49 CFR part 567, and some
of the tire information labels required by
FMVSS No. 110, affixed to the subject
vehicles show that vehicles were
originally equipped with 18-inch tires
and rims. The vehicles were actually
originally quipped with 19-inch tires
and rims. BMW believes that the
noncompliance is that the certification
label required by 49 CFR part 567, and
in some cases the tire information labels
required by FMVSS No. 110, do not list
rim information for the tires installed on
the vehicles as original equipment as
required by paragraph S4.3.3 of FMVSS
No. 110.
Rule Text: Paragraph S4.3.3 of FMVSS
No. 110 requires in pertinent part:
S4.3.3 Additional labeling information
for vehicles other than passenger cars. Each
vehicle shall show the size designation and,
if applicable, the type designation of rims
(not necessarily those on the vehicle)
appropriate for the tire appropriate for use on
that vehicle, including the tire installed as
original equipment on the vehicle by the
vehicle manufacturer, after each GAWR
listed on the certification label required by
§ 567.4 or § 567.5 of this chapter . . .
V. Summary of BMW’s Analyses:
BMW stated its belief that the subject
noncompliance is inconsequential to
motor vehicle safety for the following
reasons:
In the case of the subject vehicles
with an incorrect Part 567 certification
label but a correct FMVSS No. 110 tire
information label, BMW states that
when a person checks or adjusts the
inflation of a tire and uses this (correct)
FMVSS No. 110 tire information label,
the person will have the correct
inflation pressure available from that
label. If, however, the person only looks
at the certification label, or both the
certification and tire information labels,
BMW states that the person may then
become unsure of what tires have been
installed on the vehicle. Should this
occur, BMW states that a number of
information sources and services are
available which can be used to
determine the correct tire size and
recommended cold inflation pressure.
BMW states that these information
sources include the tires installed on the
vehicle which have the tire size
information contained on their
E:\FR\FM\03APN1.SGM
03APN1
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Notices
sidewalls, the vehicle’s Owner’s Manual
which contains information pertaining
to the various tire sizes and tire pressure
for use on the affected vehicles, and
BMW’s Roadside AssistanceTM program
which is available 24 hours/day and
provides representatives who have
information on all available tire sizes
and specifications for a given model and
model year of BMW. BMW states its
belief that all of the above listed sources
would lead the driver to obtaining the
correct recommended cold inflation
pressure when attempting to inflate the
tires mounted on their vehicle.
For the subject vehicles containing
both incorrect 49 CFR part 567
certification labels and incorrect FMVSS
No. 110 tire information labels BMW
states that the driver can use the
labeling on the sidewall of the installed
tires, the vehicle’s owner’s manual, and
BMW Roadside AssistanceTM to
determine the recommended cold
inflation pressure for the tires installed
on their vehicle.
BMW also maintains that if a driver
were to use the cold inflation pressure
shown on the incorrect labels for the for
18-inch tires when inflating the 19-inch
tires, that pressure would be sufficient
to support vehicle loading. Their
calculations using the MY 2015 X5
xDrive35i for example show that the
determined load rating for two 19-inch
tires inflated to the pressure meant for
18-inch tires is 1,572 kg. Because the
front gross axle weight rating (GAWR) is
1,279 kg, BMW concludes that the 19inch tires would be adequately inflated.
BMW also included calculations to
demonstrate that the information on the
certification labels is correct for the 18inch tires mounted on the subject
vehicles.
BMW states that BMW Customer
Relations have not received any contact
from vehicle owners regarding this issue
and, therefore, are unaware that any
vehicle owner has encountered this
issue in the field. They state that they
are also unaware of any accident or
injuries that have occurred as a result of
this noncompliance.
BMW has additionally informed
NHTSA that it has corrected the subject
noncompliance.
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
VerDate Sep<11>2014
17:49 Apr 02, 2015
Jkt 235001
30120(h)) that permit manufacturers to
file petitions for a determination of
inconsequentiality allow NHTSA to
exempt manufacturers only from the
duties found in sections 30118 and
30120, respectively, to notify owners,
purchasers, and dealers of a defect or
noncompliance and to remedy the
defect or noncompliance. Therefore, any
decision on this petition only applies to
the subject vehicles that BMW no longer
controlled at the time it determined that
the noncompliance existed. However,
any decision on this petition does not
relieve vehicle distributors and dealers
of the prohibitions on the sale, offer for
sale, or introduction or delivery for
introduction into interstate commerce of
the noncompliant vehicles under their
control after BMW notified them that
the subject noncompliance existed.
Authority: 49 U.S.C. 30118, 30120:
delegations of authority at 49 CFR 1.95 and
501.8.
Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015–07608 Filed 4–2–15; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2014–0377]
Agency Information Collection
Activities; New Information Collection
Request: Electronic Logging Device
(ELD) Registration
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice and request for
comments.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995,
FMCSA announces its plan to submit
the Information Collection Request (ICR)
described below to the Office of
Management and Budget (OMB) for its
review and approval and invites public
comment on the approval of a new (ICR)
entitled, Electronic Logging Device
Registration. This ICR will be used to
enable providers to register their ELDs
with FMCSA.
DATES: Please send your comments by
May 4, 2015. OMB must receive your
comments by this date in order to act on
the ICR.
ADDRESSES: All comments should
reference Federal Docket Management
System (FDMS) Docket Number
FMCSA–2014–0377. Interested persons
are invited to submit written comments
on the proposed information collection
SUMMARY:
PO 00000
Frm 00108
Fmt 4703
Sfmt 4703
18295
to the Office of Information and
Regulatory Affairs, Office of
Management and Budget. Comments
should be addressed to the attention of
the Desk Officer, Department of
Transportation/Federal Motor Carrier
Safety Administration, and sent via
electronic mail to oira_submission@
omb.eop.gov, or faxed to (202) 395–
6974, or mailed to the Office of
Information and Regulatory Affairs,
Office of Management and Budget,
Docket Library, Room 10102, 725 17th
Street NW., Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: Mr.
Brian Routhier, Transportation
Specialist, Technology Division, Office
of Analysis, Research and Technology,
Federal Motor Carrier Safety
Administration, Department of
Transportation, West Building 6th
Floor, 1200 New Jersey Avenue SE.,
Washington, DC 20590. Telephone:
202–366–1225; email brian.routhier@
dot.gov. Office hours are from 9:00 a.m.
to 5 p.m., Monday through Friday,
except Federal holidays.
SUPPLEMENTARY INFORMATION:
Title: Electronic Logging Device (ELD)
Registration.
OMB Control Number: 2126–00XX.
Type of Request: New Collection.
Respondents: ELD providers.
Estimated Number of Respondents:
22. FMCSA estimates that there will be
22 respondents, 20 U.S. and 2 foreign
ELD providers, and that each provider
will register an average of 4 devices. The
total of 88 devices (4 devices × 22
providers) exceeds the number of
devices that FMCSA is currently aware
of, but the Agency has opted to use a
conservatively high count in order to
avoid under-estimating the burden for
this ICR.
Estimated Time per Response: 15
minutes first year and 7.5 minutes in
subsequent years. Each provider will
take an estimated 15 minutes of
preparation time plus 15 minutes per
device to complete the initial
registration, for a total of 75 minutes per
provider in the first year (15 minutes of
preparation time + (4 devices per
provider × 15 minutes per device) = 75
minutes). In subsequent years, it is
estimated that registration updates will
take half the initial time, for a total of
37.5 minutes per provider (7.5 minutes
of preparation time + (4 devices per
provider x 7.5 minutes per device) =
37.5 minutes).
Expiration Date: N/A. This is a new
ICR.
Frequency of Response: On occasion.
Estimated Total Annual Burden: 18
hours [((22 respondents × 75 minutes in
year 1) + (22 respondents × 37.5 minutes
E:\FR\FM\03APN1.SGM
03APN1
]]>Agencies
[Federal Register Volume 80, Number 64 (Friday, April 3, 2015)]
[Notices]
[Pages 18294-18295]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-07608]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2014-0118; 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) 2015 BMW
model X5 xDrive35i and model X5 xDrive35d multipurpose passenger
vehicles (MPV) do not fully comply with paragraph S4.3.3 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 October 22,
2014, pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports.
DATES: The closing date for comments on the petition is May 4, 2015.
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
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.
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 68 MY 2015 BMW
model X5 xDrive35i and model X5 xDrive35d MPVs manufactured between
October 3, 2014 through October 7, 2014.
III. Noncompliance: BMW explains that the vehicle certification
labels required by 49 CFR part 567, and some of the tire information
labels required by FMVSS No. 110, affixed to the subject vehicles show
that vehicles were originally equipped with 18-inch tires and rims. The
vehicles were actually originally quipped with 19-inch tires and rims.
BMW believes that the noncompliance is that the certification label
required by 49 CFR part 567, and in some cases the tire information
labels required by FMVSS No. 110, do not list rim information for the
tires installed on the vehicles as original equipment as required by
paragraph S4.3.3 of FMVSS No. 110.
Rule Text: Paragraph S4.3.3 of FMVSS No. 110 requires in pertinent
part:
S4.3.3 Additional labeling information for vehicles other than
passenger cars. Each vehicle shall show the size designation and, if
applicable, the type designation of rims (not necessarily those on
the vehicle) appropriate for the tire appropriate for use on that
vehicle, including the tire installed as original equipment on the
vehicle by the vehicle manufacturer, after each GAWR listed on the
certification label required by Sec. 567.4 or Sec. 567.5 of this
chapter . . .
V. Summary of BMW's Analyses: BMW stated its belief that the
subject noncompliance is inconsequential to motor vehicle safety for
the following reasons:
In the case of the subject vehicles with an incorrect Part 567
certification label but a correct FMVSS No. 110 tire information label,
BMW states that when a person checks or adjusts the inflation of a tire
and uses this (correct) FMVSS No. 110 tire information label, the
person will have the correct inflation pressure available from that
label. If, however, the person only looks at the certification label,
or both the certification and tire information labels, BMW states that
the person may then become unsure of what tires have been installed on
the vehicle. Should this occur, BMW states that a number of information
sources and services are available which can be used to determine the
correct tire size and recommended cold inflation pressure. BMW states
that these information sources include the tires installed on the
vehicle which have the tire size information contained on their
[[Page 18295]]
sidewalls, the vehicle's Owner's Manual which contains information
pertaining to the various tire sizes and tire pressure for use on the
affected vehicles, and BMW's Roadside Assistance\TM\ program which is
available 24 hours/day and provides representatives who have
information on all available tire sizes and specifications for a given
model and model year of BMW. BMW states its belief that all of the
above listed sources would lead the driver to obtaining the correct
recommended cold inflation pressure when attempting to inflate the
tires mounted on their vehicle.
For the subject vehicles containing both incorrect 49 CFR part 567
certification labels and incorrect FMVSS No. 110 tire information
labels BMW states that the driver can use the labeling on the sidewall
of the installed tires, the vehicle's owner's manual, and BMW Roadside
Assistance\TM\ to determine the recommended cold inflation pressure for
the tires installed on their vehicle.
BMW also maintains that if a driver were to use the cold inflation
pressure shown on the incorrect labels for the for 18-inch tires when
inflating the 19-inch tires, that pressure would be sufficient to
support vehicle loading. Their calculations using the MY 2015 X5
xDrive35i for example show that the determined load rating for two 19-
inch tires inflated to the pressure meant for 18-inch tires is 1,572
kg. Because the front gross axle weight rating (GAWR) is 1,279 kg, BMW
concludes that the 19-inch tires would be adequately inflated. BMW also
included calculations to demonstrate that the information on the
certification labels is correct for the 18-inch tires mounted on the
subject vehicles.
BMW states that BMW Customer Relations have not received any
contact from vehicle owners regarding this issue and, therefore, are
unaware that any vehicle owner has encountered this issue in the field.
They state that they are also unaware of any accident or injuries that
have occurred as a result of this noncompliance.
BMW has additionally informed NHTSA that it has corrected the
subject noncompliance.
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 vehicle
distributors and dealers of the prohibitions on the sale, offer for
sale, or introduction or delivery for introduction into interstate
commerce of the noncompliant vehicles under their control after BMW
notified them that the subject noncompliance existed.
Authority: 49 U.S.C. 30118, 30120: delegations of authority at
49 CFR 1.95 and 501.8.
Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-07608 Filed 4-2-15; 8:45 am]
BILLING CODE 4910-59-P
