BMW of North America, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance, 25115-25117 [2019-11209]

Download as PDF jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 104 / Thursday, May 30, 2019 / Notices years ago, FRA developed Forms FRA F 6180.161(a)–(k) to cover new types of cars. For these new types of cars, FRA follows the standard established by the Association of American Railroads (AAR), Standard 2044 or S–2044. A car manufacturer’s request to FRA for a sample car inspection generally includes a logo, company name, signature block, specific drawings, reflectorization application, and engineering information, such as test or modeling of components. In addition, the request may include car reporting marks and the number of cars that would be constructed in the car series. The request would also provide the inspection location, contact person, title, and contact information. The request typically contains several paragraphs explaining the cited regulations that the car manufacturer believes are related to the car construction. For the many cars built today considered cars of special construction, detailed information explaining the similarities between the car being built and the nearest car type identified in the regulation is provided to help determine which regulatory requirements are applicable. Based on the information submitted, a formal onsite inspection may be required. FRA reviews the information and responds to the car manufacturer. Type of Request: Extension without change of a currently approved information collection. Affected Public: Businesses (Car manufacturers). Form(s): FRA F 6180.161(a)–(k). Respondent Universe: Car manufacturers/state inspectors. Frequency of Submission: Annually. Total Estimated Annual Responses: 121. Total Estimated Annual Burden: 121 hours. Total Estimated Annual Burden Hour Dollar Cost Equivalent: $7,406. Title: System for Telephonic Notification of Unsafe Conditions at Highway-Rail and Pathway Grade Crossings. OMB Control Number: 2130–0591. Abstract: The collection of information is set forth under 49 CFR part 234, Grade Crossing Safety, implementing Section 205 of the Rail Safety Improvement Act of 2008 (RSIA), Public Law 110–432, Div. A (Oct. 16, 2008). Generally, the rule is intended to increase safety at highway-rail and pathway grade crossings. Section 205 of the RSIA mandates that the Secretary of Transportation require certain railroad carriers to take a series of specified actions related to setting up and using systems by which the public can notify VerDate Sep<11>2014 18:08 May 29, 2019 Jkt 247001 the railroads by toll-free telephone number of safety problems at their highway-rail and pathway grade crossings. Such systems are commonly known as Emergency Notification Systems or ENS. The information collected is used by FRA to ensure that railroad carriers establish and maintain a toll-free telephone service to report unsafe conditions at public and private highway-rail and pathway grade crossings for rights-of-way over which they dispatch trains. Type of Request: Extension with change (revised estimates) of a currently approved information collection. Affected Public: Businesses. Form(s): N/A. Respondent Universe: 625 Railroads. Frequency of Submission: On occasion. Total Estimated Annual Responses: 298,292. Total Estimated Annual Burden: 15,305 hours. Total Estimated Annual Burden Hour Dollar Cost Equivalent: $1,091,934. Title: Control of Alcohol and Drug Use in Railroad Operations: PostAccident Toxicological Testing for Controlled Substances. OMB Control Number: 2130–0598. Abstract: Since 1985, as part of its accident investigation program, FRA has conducted post-accident alcohol and drug tests on railroad employees who have been involved in serious train accidents (50 FR 31508, Aug. 2, 1985). If an accident meets FRA’s criteria for post-accident testing (see 49 CFR 219.201), FRA conducts tests for alcohol and for certain drugs classified as controlled substances under the Controlled Substances Act (CSA), Title II of the Comprehensive Drug Abuse Prevention Substances Act of 1970 (CSA, 21 U.S.C. 801 et seq.). The Drug Enforcement Agency, which is primarily responsible for enforcing the CSA, oversees the classification of controlled substances into five schedules. Schedule I contains illicit drugs, such as heroin, which has no legitimate medical use under Federal law. Currently, FRA routinely conducts post-accident tests for the following controlled substances: marijuana, cocaine, phencyclidine, and certain opioids, amphetamines, barbiturates, and benzodiazepines. Controlled substances are drugs or chemicals that are prohibited or strictly regulated because of their potential for abuse or addiction. FRA reports results of testing for controlled substances to the railroad’s Medical Review Officer (MRO) and the employee, and the MRO must review positive results and report results of the review to FRA. (See 49 CFR 219.211(b) and (c)). PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 25115 Type of Request: Extension with change (revised estimates) of a currently approved information collection. Affected Public: Businesses. Form(s): N/A. Respondent Universe: 692 Railroads. Frequency of Submission: On occasion. Total Estimated Annual Responses: 18. Total Estimated Annual Burden: 3 hours. Total Estimated Annual Burden Hour Dollar Cost Equivalent: $330. Under 44 U.S.C. 3507(a) and 5 CFR 1320.5(b) and 1320.8(b)(3)(vi), FRA informs all interested parties that it may not conduct or sponsor, and a respondent is not required to respond to a collection of information unless it displays a currently valid OMB control number. Authority: 44 U.S.C. 3501–3520. Brett A. Jortland, Acting Chief Counsel. [FR Doc. 2019–11222 Filed 5–29–19; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2018–0003; 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, a subsidiary of BMW AG (BMW), has determined that certain model year (MY) 2016–2018 BMW X1 motor vehicles do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 205, Glazing Materials. BMW filed a noncompliance report dated September 10, 2018. BMW subsequently petitioned NHTSA on September 28, 2018, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This document announces receipt of BMW’s petition. DATES: The closing date for comments on the petition is July 1, 2019. ADDRESSES: Interested persons are invited to submit written data, views, and arguments on this petition. Comments must refer to the docket number cited in the title of this notice and may be submitted by any of the following methods: SUMMARY: E:\FR\FM\30MYN1.SGM 30MYN1 jbell on DSK3GLQ082PROD with NOTICES 25116 Federal Register / Vol. 84, No. 104 / Thursday, May 30, 2019 / Notices • Mail: Send comments by mail addressed to the 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 the 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 for Federal Holidays. • Electronically: Submit comments electronically by logging onto the Federal Docket Management System (FDMS) website 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). SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 18:08 May 29, 2019 Jkt 247001 I. Overview: BMW has determined that certain MY 2016–2018 BMW X1 motor vehicles do not fully comply with paragraph S6.2 of FMVSS No. 205, Glazing Materials (49 CFR 571.205). BMW filed a noncompliance report dated September 10, 2018, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. BMW subsequently petitioned NHTSA on September 28, 2018, 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, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, Exemption for Inconsequential Defect or Noncompliance. 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 exercises of judgment concerning the merits of the petition. II. Vehicles Involved: Approximately 86,572 MY 2016–2018 BMW X1 xDrive28i and BMW X1 sDrive28i multipurpose passenger vehicles, manufactured between March 10, 2015, and August 16, 2018, are potentially involved. III. Noncompliance: BMW explains that the noncompliance is that the rear window glazing markings, in the subject vehicles do not fully comply with paragraph S6.2 of FMVSS No. 205. Specifically, the rear window glazing does not contain the DOT certification and the glazing manufacturing code markings. IV. Rule Requirements: Paragraph S6.2 of FMVSS No. 205 includes the requirements relevant to this petition. Prime glazing material manufacturers must certify their glazing material by adding the symbol ‘‘DOT’’ and a manufacturer’s code mark that NHTSA assigns to the manufacturer, in letters and numerals of the same size, as required by section 7 of ANSI/SAE Z26.1–1996. 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: 1. FMVSS No. 205 Section 2 (Purpose) states, ‘‘The purpose of this standard is 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 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 through the vehicle windows in collisions.’’ 2. Potentially affected vehicles conform to all the FMVSS No. 205 performance requirements. Therefore, they satisfy the stated purpose of FMVSS 205 regarding (a) injury reduction, (b) driver visibility, and (c) minimizing occupant ejection. 3. There are no safety performance implications associated with this potential noncompliance. 4. BMW has not received any contacts from vehicle owners regarding this issue. 5. BMW is unaware of any accidents or injuries that may have occurred as a result of this issue. 6. NHTSA has previously granted petitions for inconsequential noncompliance regarding FMVSS No. 205 involving marking of window glazing. BMW believes that its petition is similar to other manufacturer’s petitions in which NHTSA has granted approval. Examples of similar petitions, in which NHTSA has granted approval, include the following: • Ford Motor Company, NHTSA– 2014–0054 N2, March 2, 2015. • General Motors, LLC, NHTSA– 2013–0039 N2, September 25, 2015. • Mitsubishi Motors North America, Inc., NHTSA–2015–0066 N2, August 22, 2015. • Custom Glass Solutions Upper Sandusky Corp., NHTSA–2013–0124 N2, January 23, 2015. • Supreme Corporation, NHTSA– 2015–0126 N2 October 21, 2016. 7. Vehicle production has been corrected to conform to FMVSS No. 205 S6.3. 8. BMW also provided a copy of the FMVSS No. 205 Certification Report from AIB-Vincotte International N.V. 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. After review of BMW’s petition, the agency contact BMW to clarify whether or not the subject vehicles were in fact noncompliant with paragraph S6.3 as stated in their petition or paragraph S6.2 of FMVSS No. 205. BMW respond that the subject vehicles were in fact noncompliant with paragraph S6.2 of FMVSS No. 205. 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 E:\FR\FM\30MYN1.SGM 30MYN1 Federal Register / Vol. 84, No. 104 / Thursday, May 30, 2019 / Notices 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) Otto G. Matheke III, Director, Office of Vehicle Safety Compliance. [FR Doc. 2019–11209 Filed 5–29–19; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION II. Vehicles Involved Approximately 1,029 MY 2018 Buick Regal motor vehicles manufactured between August 22, 2017, and February 15, 2018, are potentially involved. National Highway Traffic Safety Administration [Docket No. NHTSA–2018–0054; Notice 2] General Motors, LLC, Grant of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Grant of petition. AGENCY: General Motors, LLC (GM), has determined that certain model year (MY) 2018 Buick Regal 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. GM filed a noncompliance report dated April 4, 2018, and subsequently petitioned NHTSA on April 27, 2018, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This document announces the grant of GM’s petition. FOR FURTHER INFORMATION CONTACT: Kerrin Bressant, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366–1110, facsimile (202) 366–5930. SUPPLEMENTARY INFORMATION: jbell on DSK3GLQ082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:08 May 29, 2019 Jkt 247001 I. Overview GM has determined that certain MY 2018 Buick Regal motor vehicles do not fully comply with paragraph S4.3 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 (49 CFR 571.110). GM filed a noncompliance report dated April 4, 2018, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. GM also petitioned NHTSA on April 27, 2018, 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. Notice of receipt of GM’s petition was published, with a 30-day public comment period on May 24, 2018, in the Federal Register (83 FR 24162). No Comments were received. III. Noncompliance GM explains that the noncompliance is that the subject vehicles were equipped with tire placards that incorrectly state the spare tire size and cold tire pressure. Specifically, the tire placards state that the spare tire size is ‘‘None’’ when in fact it should have been ‘‘T125/70R17’’ and omitted the cold tire pressure for the spare tire when it should have read ‘‘420 kPa, 60 psi,’’ as required by paragraph S4.3 of FMVSS No. 110. IV. Rule Requirements Paragraph S4.3 of FMVSS No. 110 includes the requirements relevant to this petition. Each vehicle, except for a trailer or incomplete vehicle, shall show the original spare tire size designation and recommended cold tire inflation pressure on a placard permanently affixed to the vehicle on the driver’s side B-pillar. V. Summary of GM’s Petition GM 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, GM submitted the following reasoning: 1. There is no issue with the spare tire itself, it’s safe and nondefective. The PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 25117 only issue here is that certain information about the spare tire is not listed on the vehicle placard. But that is inconsequential because that information is provided in other locations. 2. Specifically, the spare tire information is located in at least three places: (1) On the sidewall of the spare tire; (2) in the owner’s manual, which the vehicle placard specifically directs the customer to for additional information; and (3) on the Monroney label. 3. There is no issue with the road tires and the information on the vehicle placard for the road tires is correct. 4. In the event of a flat tire, the customer will have a spare tire that is labeled with the proper inflation pressure and has a sufficient load rating for the vehicle. It will be immediately apparent to any customer potentially confused by the ‘‘none’’ language that the vehicle has a spare tire when they lift the liftgate as explained in the owner’s manual. In addition, the fact that the vehicle has a spare tire is explained on the Monroney label. 5. The spare-tire size and pressure information is readily available from additional sources (e.g., any automotive dealer or tire replacement facility), and on GM’s or the tire retailer’s website. 6. Most, if not all, temporary spare tires have the same cold tire pressure, which is 60 psi. The 60 psi pressure is an industry standard and it is set by at least two governing bodies, the U.S. Tire and Rim Association and the European Tire Rim Technical Organization. 7. All other information on the vehicle placard is correct. 8. NHTSA has previously granted similar inconsequential petitions with respect to FMVSS No. 110 noncompliances. 9. GM is not aware of any field or owner complaints associated with this issue. GM is also not aware of any crashes or injuries associated with this condition. GM’s complete petition and all supporting documents are available by logging onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov and by following the online search instructions to locate the docket number as listed in the title of this notice. VI. NHTSA’s Analysis The intent of FMVSS No. 110 is to ensure that vehicles are equipped with tires appropriate to handle maximum vehicle loads and to prevent overloading. GM explained that the subject vehicles are equipped with tire and E:\FR\FM\30MYN1.SGM 30MYN1

Agencies

[Federal Register Volume 84, Number 104 (Thursday, May 30, 2019)]
[Notices]
[Pages 25115-25117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11209]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2018-0003; 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, a subsidiary of BMW AG (BMW), has 
determined that certain model year (MY) 2016-2018 BMW X1 motor vehicles 
do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) 
No. 205, Glazing Materials. BMW filed a noncompliance report dated 
September 10, 2018. BMW subsequently petitioned NHTSA on September 28, 
2018, for a decision that the subject noncompliance is inconsequential 
as it relates to motor vehicle safety. This document announces receipt 
of BMW's petition.

DATES: The closing date for comments on the petition is July 1, 2019.

ADDRESSES: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket number cited in the title of this notice and may be submitted by 
any of the following methods:

[[Page 25116]]

     Mail: Send comments by mail addressed to the 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 the 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 for Federal Holidays.
     Electronically: Submit comments electronically by logging 
onto the Federal Docket Management System (FDMS) website 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).

SUPPLEMENTARY INFORMATION: 
    I. Overview: BMW has determined that certain MY 2016-2018 BMW X1 
motor vehicles do not fully comply with paragraph S6.2 of FMVSS No. 
205, Glazing Materials (49 CFR 571.205). BMW filed a noncompliance 
report dated September 10, 2018, pursuant to 49 CFR part 573, Defect 
and Noncompliance Responsibility and Reports. BMW subsequently 
petitioned NHTSA on September 28, 2018, 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, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR 
part 556, Exemption for Inconsequential Defect or Noncompliance.
    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 exercises of judgment concerning the merits of the petition.
    II. Vehicles Involved: Approximately 86,572 MY 2016-2018 BMW X1 
xDrive28i and BMW X1 sDrive28i multipurpose passenger vehicles, 
manufactured between March 10, 2015, and August 16, 2018, are 
potentially involved.
    III. Noncompliance: BMW explains that the noncompliance is that the 
rear window glazing markings, in the subject vehicles do not fully 
comply with paragraph S6.2 of FMVSS No. 205. Specifically, the rear 
window glazing does not contain the DOT certification and the glazing 
manufacturing code markings.
    IV. Rule Requirements: Paragraph S6.2 of FMVSS No. 205 includes the 
requirements relevant to this petition. Prime glazing material 
manufacturers must certify their glazing material by adding the symbol 
``DOT'' and a manufacturer's code mark that NHTSA assigns to the 
manufacturer, in letters and numerals of the same size, as required by 
section 7 of ANSI/SAE Z26.1-1996.
    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:
    1. FMVSS No. 205 Section 2 (Purpose) states, ``The purpose of this 
standard is 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.''
    2. Potentially affected vehicles conform to all the FMVSS No. 205 
performance requirements. Therefore, they satisfy the stated purpose of 
FMVSS 205 regarding (a) injury reduction, (b) driver visibility, and 
(c) minimizing occupant ejection.
    3. There are no safety performance implications associated with 
this potential noncompliance.
    4. BMW has not received any contacts from vehicle owners regarding 
this issue.
    5. BMW is unaware of any accidents or injuries that may have 
occurred as a result of this issue.
    6. NHTSA has previously granted petitions for inconsequential 
noncompliance regarding FMVSS No. 205 involving marking of window 
glazing. BMW believes that its petition is similar to other 
manufacturer's petitions in which NHTSA has granted approval. Examples 
of similar petitions, in which NHTSA has granted approval, include the 
following:
     Ford Motor Company, NHTSA-2014-0054 N2, March 2, 2015.
     General Motors, LLC, NHTSA-2013-0039 N2, September 25, 
2015.
     Mitsubishi Motors North America, Inc., NHTSA-2015-0066 N2, 
August 22, 2015.
     Custom Glass Solutions Upper Sandusky Corp., NHTSA-2013-
0124 N2, January 23, 2015.
     Supreme Corporation, NHTSA-2015-0126 N2 October 21, 2016.
    7. Vehicle production has been corrected to conform to FMVSS No. 
205 S6.3.
    8. BMW also provided a copy of the FMVSS No. 205 Certification 
Report from AIB-Vincotte International N.V.
    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.
    After review of BMW's petition, the agency contact BMW to clarify 
whether or not the subject vehicles were in fact noncompliant with 
paragraph S6.3 as stated in their petition or paragraph S6.2 of FMVSS 
No. 205. BMW respond that the subject vehicles were in fact 
noncompliant with paragraph S6.2 of FMVSS No. 205.
    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

[[Page 25117]]

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)

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2019-11209 Filed 5-29-19; 8:45 am]
 BILLING CODE 4910-59-P