BMW of North America, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance, 17511-17514 [2017-07164]
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information has no bearing on the
performance or operation of a tire and
does not create a safety concern to either
the operator of the vehicle on which the
tires are mounted or the safety of
personnel in the tire repair, retread and
recycle industry. Cooper also stated that
on March 29, 2016 the incorrect mold
was taken out of service and has not
been used since.
Please refer to Cooper’s petition for its
complete reasoning and any associated
illustrations. The petition and all
supporting documents are available by
logging onto the Federal Docket
Management System (FDMS) Web site
at: https://www.regulations.gov/ and
following the online search instructions
to locate the docket number listed in the
title of this notice.
In summation, Cooper believes that
the described noncompliance of the
subject tires is inconsequential as it
relates to motor vehicle safety, and that
its petition, to exempt Cooper from
providing notification of the
noncompliance, as required by 49
U.S.C. 30118, and remedying the
noncompliance, as required by 49
U.S.C. 30120, should be granted.
NHTSA’S DECISION:
NHTSA’S Analysis:
In this case, the agency believes that
one measure of inconsequentiality to
motor vehicle safety is that there is no
effect of the noncompliance on the
operational safety of the vehicles on
which these tires are mounted. Cooper
certified and stated that the subject tires
meet and/or exceed all performance
requirements and all other labeling
markings required by FMVSS No. 139,
and therefore NHTSA has no reason to
believe that there are any operational
safety issues for these tires.
Second, the agency believes it is
necessary that consumers be able to
readily identify the tire manufacturer for
safety reasons. Cooper explained that
while the tire identification number
(TIN) on the outboard sidewall of the
subject tires is marked with the
incorrect manufacturer’s identification
mark (known in the industry as ‘‘plant
code’’) ‘‘Y9,’’ instead of the correct code
‘‘U9’’, the information which identifies
the correct manufacturer’s identification
mark, is properly marked on the inboard
sidewall. These tires can also be
identified by the Cooper brand name
and by the tire size marked on the
sidewall of the subject tires.
Third, NHTSA recognizes that Cooper
took steps to prevent the possibility that
customers would not be able to register
their tires because those tires have the
incorrect manufacturer’s identification
mark on them. Cooper worked with
CIMS (Computerized Information and
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Management Services), Inc., to ensure
that the registration database could
accept the registration regardless of the
incorrect code.
Finally, Cooper informed the agency
that in an effort to prevent reoccurrence
of this noncompliance, they have
implemented a change to their support
software. Specifically, the selection of
the plant code is no longer manual, but
rather selected from a drop down menu
with only one choice ‘‘U9.’’ NHTSA
feels that this is important to ensure this
noncompliance is corrected on all of
Cooper’s future production tires since
the cumulative effect of recurring
noncompliances could result in a safety
problem.
NHTSA’s Decision: In consideration
of the foregoing, NHTSA finds that
Cooper has met its burden of persuasion
that the subject FMVSS No. 139
noncompliance in the affected tires is
inconsequential to motor vehicle safety.
Accordingly, Cooper’s petition is hereby
granted and Cooper is consequently
exempted from the obligation of
providing notification of, and a free
remedy for, the subject noncompliance
under 49 U.S.C. 30118 and 30120.
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 on this petition only applies to
the subject tires that Cooper no longer
controlled at the time it determined that
the noncompliance existed. However,
the granting of this petition does not
relieve equipment distributors and
dealers of the prohibitions on the sale,
offer for sale, or introduction or delivery
for introduction into interstate
commerce of the noncompliant tires
under their control after Cooper 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. 2017–07169 Filed 4–10–17; 8:45 am]
BILLING CODE 4910–59–P
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17511
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2017–0012; 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), has determined that certain
model year (MY) 2017 BMW 330i and
330i xDrive motor vehicles do not fully
comply with 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 filed a
noncompliance report dated January 26,
2017. BMW also petitioned NHTSA on
February 17, 2017, for a decision that
the subject noncompliance is
inconsequential as it relates to motor
vehicle safety.
DATES: The closing date for comments
on the petition is May 11, 2017.
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 in the title 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 Delivery: 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
SUMMARY:
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comments are submitted in hard copy
form, please ensure that two copies are
provided. If you wish to receive
confirmation that comments you have
submitted by mail 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.
All comments and supporting
materials received before the close of
business on the closing date indicated
above will be filed in the docket and
will be considered. All comments and
supporting materials received after the
closing date will also be filed and will
be considered to the fullest extent
possible.
When the petition is granted or
denied, notice of the decision will also
be published in the Federal Register
pursuant to the authority indicated at
the end of this notice.
All comments, background
documentation, and supporting
materials submitted to the 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. The docket ID number for this
petition is shown in the heading of this
notice.
DOT’s complete Privacy Act
Statement is available for review in a
Federal Register notice published on
April 11, 2000, (65 FR 19477–78).
SUPPLEMENTARY INFORMATION:
I. Overview: BMW of North America,
LLC (BMW), has determined that certain
model year (MY) 2017 BMW 330i and
330i xDrive motor vehicles do not fully
comply with paragraphs S4.3(c) and
S4.3(d) 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 filed a
noncompliance information report
dated January 26, 2017, pursuant to 49
CFR part 573, Defect and
Noncompliance Responsibility and
Reports. BMW also petitioned NHTSA
on February 17, 2017, pursuant to 49
U.S.C. 30118(d) and 30120(h) and 49
CFR part 556, for an exemption from the
notification and remedy requirements of
49 U.S.C. Chapter 301 on the basis that
this noncompliance is inconsequential
as it relates 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
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any agency decision or other exercise of
judgment concerning the merits of the
petition.
II. Vehicles Involved: Approximately
3,300 MY 2017 BMW 330i and 330i
xDrive motor vehicles, manufactured
between August 1, 2016, and December
1, 2016, are potentially involved.
III. Noncompliance: BMW explains
that the noncompliance is that the tire
information placard on the subject
vehicles states that the vehicles were
equipped with 18-inch tires when in
fact the subject vehicles were actually
equipped with 17-inch tires. The tire
information placard also states that the
cold tire inflation pressure for the rear
tires is 240kPa/35psi when it should
read 220kPa/32psi. Thus, the subject
vehicles do not fully comply with
paragraphs S4.3(c) and (d) of FMVSS
No. 110.
IV. Rule Text: Paragraphs S4.3(c) and
(d) of FMVSS No. 110 States in
pertinent:
S4.3 Placard. Each vehicle, except for a
trailer or incomplete vehicle, shall show the
information specified in S4.3 (a) through (g),
and may show, at the manufacturer’s option,
the information specified in S4.3 (h) and (i),
on a placard permanently affixed to the
driver’s side B-pillar. In each vehicle without
a driver’s side B-pillar and with two doors on
the driver’s side of the vehicle opening in
opposite directions, the placard shall be
affixed on the forward edge of the rear side
door . . .
(c) Vehicle manufacturer’s recommended
cold tire inflation pressure for front, rear and
spare tires subject to the limitations of S4.3.4.
For full size spare tires, the statement ‘‘see
above’’ may, at the manufacturer’s option
replace manufacturer’s recommended cold
tire inflation pressure. If no spare tire is
provided, the word ‘‘none’’ must replace the
manufacturer’s recommended cold tire
inflation pressure . . .
(d) Tire size designation, indicated by the
headings ‘‘size’’ or ‘‘original tire size,’’ and
‘‘spare tire’’ or ‘‘spare,’’ for the tires installed
at the time of first purchase for purposes
other than resale. For full size spare tires, the
statement ‘‘see above’’ may, at the
manufacturer’s option replace the tire size
designation. If no spare tire is provided, the
word ‘‘none’’ must replace the tire size
designation; . . .
V. Summary of BMW’s Petition: BMW
described the subject noncompliance
and stated its belief that the
noncompliance is inconsequential as it
relates to motor vehicle safety.
In support of its petition, BMW
submitted the following reasoning:
(a) Overview of Tire Information
Placards for 17-inch Tires and 18-inch
Tires: Although affected vehicles were
properly equipped with 17-inch tires,
the FMVSS No. 110 tire information
placard states that the vehicles were
equipped with 18-inch tires. The
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placard includes the manufacturer’s
recommended cold tire inflation
pressure and tire size designation for the
18-inch tires.
Additionally, affected vehicles were
equipped with a tire information
placard intended for the BMW 320i
model, although affected vehicles are
the BMW 330i and 330i xDrive models.
Notably, the tire information placard
for the 18-inch rear tires denotes a cold
tire inflation pressure value of 35psi,
whereas the placard for the 17-inch rear
tire denotes a cold tire inflation pressure
value of 32psi. This will not result in a
vehicle overload condition as explained
in further detail below.
(b) Using Tire Information Placard to
Set Tire Pressure: If a vehicle operator
uses the tire information placard to set
the tire pressures, the tire pressures will
be set at 32psi and 35psi for the front
and for the rear tires, respectively. This
will not lead to a vehicle overload
condition as explained below:
For the front tires, the tire information
placard displays the manufacturer’s
recommended cold tire inflation
pressure value which is identical to that
which is required for the tires equipped
on the vehicles.
For the rear tires, the tire information
placard displays the manufacturer’s
recommended cold tire inflation
pressure value, which is larger than that
which is required for the tires equipped
on the vehicle.
Therefore, a vehicle operator would
not inflate the front and rear tires to a
tire pressure which is lower than that
which is required. In other petitions in
which there exists the possibility to
inflate tires to a tire pressure value
which is lower than the required value,
calculations can be performed to show
that even in those cases, the equipped
tires at the lower tire pressure value still
have sufficient load carrying capacity,
and therefore will not lead to a vehicle
overload condition. Such calculations
can be performed using either axle load
limits, or using individual tire load
limits.
However, for the vehicles that are the
subject of this petition, that possibility
does not exist. The vehicle operator
would not underinflate the front tires or
the rear tires; therefore, such
calculations are not necessary in this
petition.
(c) Using Other Information Sources
to Set Tire Pressure: If a vehicle operator
notices that the tires depicted on the tire
information placard do not correspond
to the tires equipped on the vehicle,
there are a number of information
sources and services available, which
can be used to identify the correct tire
pressure and, therefore, achieve the
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proper inflation level for the tires
equipped on the vehicle.
• Sources That Point to the Vehicle
Owner’s Manual
—FMVSS No. 110 Section 4.3(f)
requires that the tire information
placard contain the following statement:
‘‘See Owner’s Manual for Additional
Information’’. Therefore, the tire
information placard will help point the
vehicle operator to the Owner’s Manual
in order to identify the correct tire
inflation pressures for use on the
vehicle.
—FMVSS No. 138 Section 4.5(a)
requires that the Owner’s Manual
contain the following text:
‘‘Each tire, including the spare (if
provided), should be checked monthly
when cold and inflated to the inflation
pressure recommended by the vehicle
manufacturer on the vehicle placard or
tire inflation pressure label. (If your
vehicle has tires of a different size than
the size indicated on the vehicle placard
or tire inflation pressure label, you
should determine the proper tire
inflation pressure for those tires.)’’
(Emphasis added.)
Vehicle Operators who attempt to
check the vehicle’s tire pressure on a
routine schedule (e.g., monthly, as
noted above), or when necessary, would
be pointed to the Owner’s Manual for
additional clarifying information.
Therefore, after reviewing this
information, it is likely that they would
inflate the tires to the recommended
cold tire inflation pressure. This is
explained in further detail below.
A vehicle operator could check the
specific tires installed on the vehicle
which, in this case, are 17-inch tires.
The information that is stamped onto
the sidewall of the tires identifies the
tire size. Subsequent to checking and
identifying the installed tires, the
vehicle operator could consult the
vehicle Owner’s Manual, or contact
BMW Roadside AssistanceTM, BMW
AssistTM, or BMW Customer Relations,
for further information in order to set
the correct tire pressure. This is
explained in further detail below.
• Owner’s Manual
The vehicle Owner’s Manual contains
information pertaining to the various
tire sizes and tire pressures available for
use on the affected vehicles.
Affected vehicles contain a tire
information placard denoting 18-inch
tires having a front, and rear, tire
pressure of 32psi and 35psi. However,
affected vehicles (BMW 330i, 330i
xDrive) were equipped with 17-inch
tires in which a front, and a rear, tire
pressure should be 32psi. Therefore, a
vehicle operator would be able to check
the Owner’s manual, identify the correct
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tires equipped on the vehicle, and then
set the tire inflation pressures to the
correct levels.
Additionally, affected vehicles are
also equipped with and in-vehicle
electronic Owner’s Manual accessed
through the iDriveTM controller
containing the same information as in
the hardcopy Owner’s Manual.
Furthermore, the electronic Owner’s
Manual also contains contact
information for BMW Roadside
AssistanceTM, and if equipped also
BMW AssistTM, and BMW Customer
Relations. Vehicle operators can use
these additional information sources
and services to identify the correct tires
equipped on the vehicle, and then set
the tire inflation pressures to the correct
levels.
• BMW Roadside AssistanceTM
BMW Roadside AssistanceTM
(available 24 hours/day) representatives
have information available indicating by
vehicle model and model year, all of the
available tire sizes and specifications for
the affected vehicles. All affected
vehicles contain a reference to, and
instructions for contacting, BMW
Roadside AssistanceTM in the vehicle
Owner’s Manual. Therefore, if
contacted, BMW Roadside AssistanceTM
would be able to help the vehicle
operator determine the correct tire
pressure for use on the vehicle.
Vehicle operators are able to contact
BMW Roadside AssistanceTM using the
toll-free telephone number located:
—on the BMW Roadside AssistanceTM
Card located in the vehicle’s portfolio
—on one, or more, BMW Roadside
AssistanceTM specific Labels in the
vehicle
—within the vehicle’s Quick Reference
Guide
—within the vehicle’s Service and
Warranty Book.
Vehicle Operators are also able to
contact BMW Roadside AssistanceTM
using the:
— in-vehicle iDriveTM controller and
menu option for BMW Roadside
AssistanceTM
—in-vehicle emergency call button on
the overhead console
• BMW AssistTM
BMW AssistTM (available 24 hours/
day) representatives have information
available indicating by vehicle model
and model year, all of the available tire
sizes and specifications for the affected
vehicles. All affected vehicles contain a
reference to, and instructions for
contacting, BMW AssistTM in the
vehicle Owner’s Manual. Therefore, if
contacted, BMW AssistTM would be able
to help the vehicle operator determine
the correct tire pressures for use on the
vehicle.
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17513
Vehicle Operators are able to contact
BMW AssistTM by using the:
—in-vehicle iDriveTM controller and
menu option for BMW AssistTM
—in-vehicle emergency call button on
the overhead console
Vehicles with BMW AssistTM contain
a BMW AssistTM Book located in the
vehicle’s portfolio with contact
information for BMW AssistTM, BMW
Roadside AssistanceTM, and BMW
Customer Relations.
• BMW Customer Relations
If a vehicle operator contacts BMW
Customer Relations, and provides the
Vehicle Identification Number, a
Customer Relations Representative will
be able to inform the vehicle operator of
the specific vehicle configuration.
Therefore, if contacted, BMW Customer
Relations would be able to help the
vehicle operator determine the correct
tire pressures for use on the vehicle.
Vehicle Operators are able to contact
BMW Customer Relations by:
—Using the toll free telephone number
located in the vehicle Owner’s
Manual and the Service and Warranty
Book
—using the in-vehicle iDriveTM
controller and menu option for BMW
Customer Relations
—contacting BMW AssistTM who can, if
necessary, transfer the vehicle
operator to BMW Customer Relations
(d) Field Experience:
Owner Contacts to BMW Customer
Relations
BMW Customer Relations has not
received any contacts from vehicle
owners regarding this issue. Therefore,
BMW is unaware that any vehicle owner
has encountered this issue.
Accidents/Injuries
BMW is unaware of any accidents or
injuries that have occurred as a result of
this issue.
(e) Prior NHTSA Grants to
Manufacturer Petitions: NHTSA has
previously granted petitions for
inconsequential noncompliance
regarding FMVSS No. 110 involving
vehicles whereby the tire information
placard contained tire size and tire
pressure information which did not
match the tires equipped on the vehicle.
In particular, it was shown that
although the tire information placard
displayed the manufacturer’s
recommended cold tire inflation
pressure which was a smaller value than
that which was required for the tires
equipped on the vehicle, the load
carrying capacity of the equipped tires,
at this smaller tire pressure, was still
sufficient and would not lead to a
vehicle overload condition.
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For the affected vehicles that are the
subject of this petition, the FMVSS No.
110 tire information placard displays
the manufacturer’s recommended cold
tire inflation pressure value for the front
tires which is identical to that which is
required for the tires equipped on the
vehicle and, displays the manufacturer’s
recommended cold tire inflation
pressure value for the rear tires which
is larger than the value which is
required for the tires equipped on the
vehicle. Consequently, there is no risk
of an underinflated tire, the load
carrying capacity of the equipped tires
is still sufficient and, therefore, there is
no risk of a vehicle overload condition.
Nevertheless, as a reference, and for
comparison to this petition, NHTSA has
granted petitions from manufacturers in
cases where the tire information placard
displayed a tire inflation pressure value
which was smaller than that which was
required for the tires equipped on the
vehicle. (See BMW, 81 FR 62970,
September 13, 2016; BMW, 78 FR
76408, December 17, 2013; and
Volkswagen, 78 FR 28287, May 14,
2013)
(f) Vehicle Production: Vehicle
production has been corrected to
conform to FMVSS No. 110 Section
4.3(c) and S4.3(d).
BMW concluded by expressing the
belief that the subject noncompliance is
inconsequential as it relates to motor
vehicle safety, and that its petition to be
exempted from providing notification of
the noncompliance, as required by 49
U.S.C. 30118, and a remedy for the
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.
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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. 2017–07164 Filed 4–10–17; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2016–0061; Notice 1]
Notice of Receipt of Petition for
Decision That Nonconforming Model
Year 2010 Jeep Wrangler Multipurpose
Passenger Vehicles (MPV) Are Eligible
for Importation
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
AGENCY:
This document announces
receipt by the National Highway Traffic
Safety Administration (NHTSA) of a
petition for a decision that model year
(MY) 2010 Jeep Wrangler Multipurpose
Passenger Vehicles (MPV) that were not
originally manufactured to comply with
all applicable Federal motor vehicle
safety standards (FMVSS), are eligible
for importation into the United States
because they are substantially similar to
vehicles that were originally
manufactured for sale in the United
States and that were certified by their
manufacturer as complying with the
safety standards (the U.S.-certified
version of the 2010 Jeep Wrangler MPV)
and they are capable of being readily
altered to conform to the standards.
DATES: The closing date for comments
on the petition is May 11, 2017.
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 in the title 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 Delivery: 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.
SUMMARY:
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• 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 comments you have
submitted by mail 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.
All comments and supporting
materials received before the close of
business on the closing date indicated
above will be filed in the docket and
will be considered. All comments and
supporting materials received after the
closing date will also be filed and will
be considered to the fullest extent
possible.
When the petition is granted or
denied, notice of the decision will also
be published in the Federal Register
pursuant to the authority indicated at
the end of this notice.
All comments, background
documentation, and supporting
materials submitted to the 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. The docket ID number for this
petition is shown in the heading of this
notice.
DOT’s complete Privacy Act
Statement is available for review in a
Federal Register notice published on
April 11, 2000, (65 FR 19477–78).
FOR FURTHER INFORMATION CONTACT:
George Stevens, Office of Vehicle Safety
Compliance, NHTSA (202–366–5308).
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 30141(a)(1)(A), a
motor vehicle that was not originally
manufactured to conform to all
applicable FMVSS shall be refused
admission into the United States unless
NHTSA has decided that the motor
vehicle is substantially similar to a
motor vehicle originally manufactured
for importation into and sale in the
E:\FR\FM\11APN1.SGM
11APN1
Agencies
[Federal Register Volume 82, Number 68 (Tuesday, April 11, 2017)]
[Notices]
[Pages 17511-17514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07164]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2017-0012; 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.
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SUMMARY: BMW of North America, LLC (BMW), has determined that certain
model year (MY) 2017 BMW 330i and 330i xDrive motor vehicles do not
fully comply with 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 filed a noncompliance
report dated January 26, 2017. BMW also petitioned NHTSA on February
17, 2017, for a decision that the subject noncompliance is
inconsequential as it relates to motor vehicle safety.
DATES: The closing date for comments on the petition is May 11, 2017.
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 in the title 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 Delivery: 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
[[Page 17512]]
comments are submitted in hard copy form, please ensure that two copies
are provided. If you wish to receive confirmation that comments you
have submitted by mail 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.
All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
All comments, background documentation, and supporting materials
submitted to the 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. The docket ID number for this petition is shown
in the heading of this notice.
DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000, (65 FR 19477-78).
SUPPLEMENTARY INFORMATION:
I. Overview: BMW of North America, LLC (BMW), has determined that
certain model year (MY) 2017 BMW 330i and 330i xDrive motor vehicles do
not fully comply with paragraphs S4.3(c) and S4.3(d) 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 filed a noncompliance information report dated
January 26, 2017, pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports. BMW also petitioned NHTSA on February 17,
2017, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556,
for an exemption from the notification and remedy requirements of 49
U.S.C. Chapter 301 on the basis that this noncompliance is
inconsequential as it relates 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: Approximately 3,300 MY 2017 BMW 330i and
330i xDrive motor vehicles, manufactured between August 1, 2016, and
December 1, 2016, are potentially involved.
III. Noncompliance: BMW explains that the noncompliance is that the
tire information placard on the subject vehicles states that the
vehicles were equipped with 18-inch tires when in fact the subject
vehicles were actually equipped with 17-inch tires. The tire
information placard also states that the cold tire inflation pressure
for the rear tires is 240kPa/35psi when it should read 220kPa/32psi.
Thus, the subject vehicles do not fully comply with paragraphs S4.3(c)
and (d) of FMVSS No. 110.
IV. Rule Text: Paragraphs S4.3(c) and (d) of FMVSS No. 110 States
in pertinent:
S4.3 Placard. Each vehicle, except for a trailer or incomplete
vehicle, shall show the information specified in S4.3 (a) through
(g), and may show, at the manufacturer's option, the information
specified in S4.3 (h) and (i), on a placard permanently affixed to
the driver's side B-pillar. In each vehicle without a driver's side
B-pillar and with two doors on the driver's side of the vehicle
opening in opposite directions, the placard shall be affixed on the
forward edge of the rear side door . . .
(c) Vehicle manufacturer's recommended cold tire inflation
pressure for front, rear and spare tires subject to the limitations
of S4.3.4. For full size spare tires, the statement ``see above''
may, at the manufacturer's option replace manufacturer's recommended
cold tire inflation pressure. If no spare tire is provided, the word
``none'' must replace the manufacturer's recommended cold tire
inflation pressure . . .
(d) Tire size designation, indicated by the headings ``size'' or
``original tire size,'' and ``spare tire'' or ``spare,'' for the
tires installed at the time of first purchase for purposes other
than resale. For full size spare tires, the statement ``see above''
may, at the manufacturer's option replace the tire size designation.
If no spare tire is provided, the word ``none'' must replace the
tire size designation; . . .
V. Summary of BMW's Petition: BMW described the subject
noncompliance and stated its belief that the noncompliance is
inconsequential as it relates to motor vehicle safety.
In support of its petition, BMW submitted the following reasoning:
(a) Overview of Tire Information Placards for 17-inch Tires and 18-
inch Tires: Although affected vehicles were properly equipped with 17-
inch tires, the FMVSS No. 110 tire information placard states that the
vehicles were equipped with 18-inch tires. The placard includes the
manufacturer's recommended cold tire inflation pressure and tire size
designation for the 18-inch tires.
Additionally, affected vehicles were equipped with a tire
information placard intended for the BMW 320i model, although affected
vehicles are the BMW 330i and 330i xDrive models.
Notably, the tire information placard for the 18-inch rear tires
denotes a cold tire inflation pressure value of 35psi, whereas the
placard for the 17-inch rear tire denotes a cold tire inflation
pressure value of 32psi. This will not result in a vehicle overload
condition as explained in further detail below.
(b) Using Tire Information Placard to Set Tire Pressure: If a
vehicle operator uses the tire information placard to set the tire
pressures, the tire pressures will be set at 32psi and 35psi for the
front and for the rear tires, respectively. This will not lead to a
vehicle overload condition as explained below:
For the front tires, the tire information placard displays the
manufacturer's recommended cold tire inflation pressure value which is
identical to that which is required for the tires equipped on the
vehicles.
For the rear tires, the tire information placard displays the
manufacturer's recommended cold tire inflation pressure value, which is
larger than that which is required for the tires equipped on the
vehicle.
Therefore, a vehicle operator would not inflate the front and rear
tires to a tire pressure which is lower than that which is required. In
other petitions in which there exists the possibility to inflate tires
to a tire pressure value which is lower than the required value,
calculations can be performed to show that even in those cases, the
equipped tires at the lower tire pressure value still have sufficient
load carrying capacity, and therefore will not lead to a vehicle
overload condition. Such calculations can be performed using either
axle load limits, or using individual tire load limits.
However, for the vehicles that are the subject of this petition,
that possibility does not exist. The vehicle operator would not
underinflate the front tires or the rear tires; therefore, such
calculations are not necessary in this petition.
(c) Using Other Information Sources to Set Tire Pressure: If a
vehicle operator notices that the tires depicted on the tire
information placard do not correspond to the tires equipped on the
vehicle, there are a number of information sources and services
available, which can be used to identify the correct tire pressure and,
therefore, achieve the
[[Page 17513]]
proper inflation level for the tires equipped on the vehicle.
Sources That Point to the Vehicle Owner's Manual
--FMVSS No. 110 Section 4.3(f) requires that the tire information
placard contain the following statement: ``See Owner's Manual for
Additional Information''. Therefore, the tire information placard will
help point the vehicle operator to the Owner's Manual in order to
identify the correct tire inflation pressures for use on the vehicle.
--FMVSS No. 138 Section 4.5(a) requires that the Owner's Manual
contain the following text:
``Each tire, including the spare (if provided), should be checked
monthly when cold and inflated to the inflation pressure recommended by
the vehicle manufacturer on the vehicle placard or tire inflation
pressure label. (If your vehicle has tires of a different size than the
size indicated on the vehicle placard or tire inflation pressure label,
you should determine the proper tire inflation pressure for those
tires.)'' (Emphasis added.)
Vehicle Operators who attempt to check the vehicle's tire pressure
on a routine schedule (e.g., monthly, as noted above), or when
necessary, would be pointed to the Owner's Manual for additional
clarifying information. Therefore, after reviewing this information, it
is likely that they would inflate the tires to the recommended cold
tire inflation pressure. This is explained in further detail below.
A vehicle operator could check the specific tires installed on the
vehicle which, in this case, are 17-inch tires. The information that is
stamped onto the sidewall of the tires identifies the tire size.
Subsequent to checking and identifying the installed tires, the vehicle
operator could consult the vehicle Owner's Manual, or contact BMW
Roadside AssistanceTM, BMW AssistTM, or BMW
Customer Relations, for further information in order to set the correct
tire pressure. This is explained in further detail below.
Owner's Manual
The vehicle Owner's Manual contains information pertaining to the
various tire sizes and tire pressures available for use on the affected
vehicles.
Affected vehicles contain a tire information placard denoting 18-
inch tires having a front, and rear, tire pressure of 32psi and 35psi.
However, affected vehicles (BMW 330i, 330i xDrive) were equipped with
17-inch tires in which a front, and a rear, tire pressure should be
32psi. Therefore, a vehicle operator would be able to check the Owner's
manual, identify the correct tires equipped on the vehicle, and then
set the tire inflation pressures to the correct levels.
Additionally, affected vehicles are also equipped with and in-
vehicle electronic Owner's Manual accessed through the
iDriveTM controller containing the same information as in
the hardcopy Owner's Manual.
Furthermore, the electronic Owner's Manual also contains contact
information for BMW Roadside AssistanceTM, and if equipped
also BMW AssistTM, and BMW Customer Relations. Vehicle
operators can use these additional information sources and services to
identify the correct tires equipped on the vehicle, and then set the
tire inflation pressures to the correct levels.
BMW Roadside AssistanceTM
BMW Roadside AssistanceTM (available 24 hours/day)
representatives have information available indicating by vehicle model
and model year, all of the available tire sizes and specifications for
the affected vehicles. All affected vehicles contain a reference to,
and instructions for contacting, BMW Roadside AssistanceTM
in the vehicle Owner's Manual. Therefore, if contacted, BMW Roadside
AssistanceTM would be able to help the vehicle operator
determine the correct tire pressure for use on the vehicle.
Vehicle operators are able to contact BMW Roadside
AssistanceTM using the toll-free telephone number located:
--on the BMW Roadside AssistanceTM Card located in the
vehicle's portfolio
--on one, or more, BMW Roadside AssistanceTM specific Labels
in the vehicle
--within the vehicle's Quick Reference Guide
--within the vehicle's Service and Warranty Book.
Vehicle Operators are also able to contact BMW Roadside
AssistanceTM using the:
-- in-vehicle iDriveTM controller and menu option for BMW
Roadside AssistanceTM
--in-vehicle emergency call button on the overhead console
BMW AssistTM
BMW AssistTM (available 24 hours/day) representatives
have information available indicating by vehicle model and model year,
all of the available tire sizes and specifications for the affected
vehicles. All affected vehicles contain a reference to, and
instructions for contacting, BMW AssistTM in the vehicle
Owner's Manual. Therefore, if contacted, BMW AssistTM would
be able to help the vehicle operator determine the correct tire
pressures for use on the vehicle.
Vehicle Operators are able to contact BMW AssistTM by
using the:
--in-vehicle iDriveTM controller and menu option for BMW
AssistTM
--in-vehicle emergency call button on the overhead console
Vehicles with BMW AssistTM contain a BMW
AssistTM Book located in the vehicle's portfolio with
contact information for BMW AssistTM, BMW Roadside
AssistanceTM, and BMW Customer Relations.
BMW Customer Relations
If a vehicle operator contacts BMW Customer Relations, and provides
the Vehicle Identification Number, a Customer Relations Representative
will be able to inform the vehicle operator of the specific vehicle
configuration. Therefore, if contacted, BMW Customer Relations would be
able to help the vehicle operator determine the correct tire pressures
for use on the vehicle.
Vehicle Operators are able to contact BMW Customer Relations by:
--Using the toll free telephone number located in the vehicle Owner's
Manual and the Service and Warranty Book
--using the in-vehicle iDriveTM controller and menu option
for BMW Customer Relations
--contacting BMW AssistTM who can, if necessary, transfer
the vehicle operator to BMW Customer Relations
(d) Field Experience:
Owner Contacts to BMW Customer Relations
BMW Customer Relations has not received any contacts from vehicle
owners regarding this issue. Therefore, BMW is unaware that any vehicle
owner has encountered this issue.
Accidents/Injuries
BMW is unaware of any accidents or injuries that have occurred as a
result of this issue.
(e) Prior NHTSA Grants to Manufacturer Petitions: NHTSA has
previously granted petitions for inconsequential noncompliance
regarding FMVSS No. 110 involving vehicles whereby the tire information
placard contained tire size and tire pressure information which did not
match the tires equipped on the vehicle. In particular, it was shown
that although the tire information placard displayed the manufacturer's
recommended cold tire inflation pressure which was a smaller value than
that which was required for the tires equipped on the vehicle, the load
carrying capacity of the equipped tires, at this smaller tire pressure,
was still sufficient and would not lead to a vehicle overload
condition.
[[Page 17514]]
For the affected vehicles that are the subject of this petition,
the FMVSS No. 110 tire information placard displays the manufacturer's
recommended cold tire inflation pressure value for the front tires
which is identical to that which is required for the tires equipped on
the vehicle and, displays the manufacturer's recommended cold tire
inflation pressure value for the rear tires which is larger than the
value which is required for the tires equipped on the vehicle.
Consequently, there is no risk of an underinflated tire, the load
carrying capacity of the equipped tires is still sufficient and,
therefore, there is no risk of a vehicle overload condition.
Nevertheless, as a reference, and for comparison to this petition,
NHTSA has granted petitions from manufacturers in cases where the tire
information placard displayed a tire inflation pressure value which was
smaller than that which was required for the tires equipped on the
vehicle. (See BMW, 81 FR 62970, September 13, 2016; BMW, 78 FR 76408,
December 17, 2013; and Volkswagen, 78 FR 28287, May 14, 2013)
(f) Vehicle Production: Vehicle production has been corrected to
conform to FMVSS No. 110 Section 4.3(c) and S4.3(d).
BMW concluded by expressing the belief that the subject
noncompliance is inconsequential as it relates to motor vehicle safety,
and that its petition to be exempted from providing notification of the
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the
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. 2017-07164 Filed 4-10-17; 8:45 am]
BILLING CODE 4910-59-P