BMW of North America, LLC, Grant of Petition for Decision of Inconsequential Noncompliance, 26505-26507 [2019-11791]
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Federal Register / Vol. 84, No. 109 / Thursday, June 6, 2019 / Notices
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2017–0012; Notice 2]
BMW of North America, LLC, Grant of
Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant 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, and subsequently
petitioned NHTSA on February 17,
2017, for a decision that the subject
noncompliance is inconsequential as it
relates to motor vehicle safety. This
notice announces the grant of BMW’s
petition.
SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
Kerrin Bressant, Office of Vehicle Safety
Compliance, NHTSA, telephone (202)
366–1110, facsimile (202) 366–3081.
SUPPLEMENTARY INFORMATION:
I. Overview: BMW has determined
that certain 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 (49
CFR 571.110). BMW filed a
noncompliance information report
dated January 26, 2017, pursuant to 49
CFR part 573, Defect and
Noncompliance Responsibility and
Reports. BMW subsequently petitioned
NHTSA on February 17, 2017, 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.
Notice of receipt of BMW’s petition
was published in the Federal Register
VerDate Sep<11>2014
16:11 Jun 05, 2019
Jkt 247001
(82 FR 7511) with a 30-day public
comment period, on April 11, 2017. No
comments were received. To view the
petition and all supporting documents,
log onto the Federal Docket
Management System (FDMS) website at:
https://www.regulations.gov/. Then
follow the online search instructions to
locate docket number ‘‘NHTSA–2017–
0012.’’
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
vehicle 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 vehicle placard
also states that the cold tire inflation
pressure for the rear tires is 240 kPa/35
psi when it should read 220 kPa/32 psi.
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 include the
requirements relevant to this petition:
• Each vehicle, except for a trailer or
incomplete vehicle, shall show the
information specified in paragraph
S4.3(a) through (g), and may show, at
the manufacturer’s option, the
information specified in paragraph
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.
• Vehicle manufacturers’
recommended cold tire inflation
pressure for the front, rear and spare
tires are subject to the limitations of
paragraph 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.
• 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; . . .
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26505
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. 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 35 psi,
whereas the placard for the 17-inch rear
tire denotes a cold tire inflation pressure
value of 32 psi. This will not result in
a vehicle overload condition as
explained in further detail below.
2. 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 32 psi and 35 psi 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
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Federal Register / Vol. 84, No. 109 / Thursday, June 6, 2019 / Notices
does not exist. The vehicle operator
would not underinflate the front tires or
the rear tires; therefore, such
calculations are not necessary for this
petition.
3. 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
proper inflation level for the tires
equipped on the vehicle.
• Sources That Point to the Vehicle
Owner’s Manual
—FMVSS No. 110 paragraph S4.3(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 paragraph S4.5(a)
requires that the Owner’s Manual
contain the following text:
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‘‘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.)’’
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
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16:11 Jun 05, 2019
Jkt 247001
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 32 psi and 35 psi. However,
affected vehicles (BMW 330i, 330i
xDrive) were equipped with 17-inch
tires in which a front, and a rear, tire
pressure should be 32 psi. 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 an 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.
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—in-vehicle emergency call button on
the overhead console.
• BMW Assist TM
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
4. 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.
5. Prior NHTSA Grants to
Manufacturer Petitions: NHTSA has
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06JNN1
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Federal Register / Vol. 84, No. 109 / Thursday, June 6, 2019 / Notices
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.
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)
6. Vehicle Production: Vehicle
production has been corrected to
conform to FMVSS No. 110 paragraphs
S4.3(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.
VI. NHTSA Analysis: BMW explains
that the noncompliance is that the
subject vehicles were equipped with 17inch tires, although, the vehicle placard
(referred to as the tire and information
placard by BMW) states that the
vehicles were equipped with 18-inch
tires and includes the manufacturer’s
recommended cold tire inflation
VerDate Sep<11>2014
16:11 Jun 05, 2019
Jkt 247001
pressure and tire size designation for the
18-inch tires. Therefore, the affected
vehicles do not conform to FMVSS 110
paragraphs S4.3(c) and 4.3(d).
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.
FMVSS No. 110 requires that the
original tires installed on a vehicle and
the tires listed on the vehicle placard be
the same size and that the tires, at the
manufacturer recommended inflation
pressure, be appropriate for the
designed vehicle maximum load
conditions. If a customer were to look at
the vehicle placard to determine
recommended inflation pressure values
they would see values intended for the
18-inch tire and not the 17-inch tire. If
the customer does not notice that their
vehicle has 17-inch tires installed they
may use the 18-inch tire inflation
pressure values, which are the same for
the tires on the front axle but larger for
the tires on the rear axle. If this were the
case, calculations show that the 17-inch
tire load carrying capacity of the rear
tires at the 18-inch tire delineated
pressure is appropriate for the subject
vehicle’s rear GAWR. Specifically, if a
vehicle owner inflated their tires to the
inflation pressure listed for the 18-inch
tires, the result would be an increase to
240 kPa/35 psi for the rear tires and a
net increase in load capacity for the
vehicle overall. Alternatively, if the
vehicle owner installed 18-inch tires on
the subject vehicle, those tires at the
listed cold inflation pressure would also
be appropriate, as required by FMVSS
No. 110, for the subject vehicle’s front
and rear GAWRs.
The agency agrees with BMW that the
subject noncompliance is
inconsequential to motor vehicle safety
and that there is no risk of possible
underinflating or overloading of the
tires and should a vehicle owner
question the correct tire size or
corresponding recommended cold tire
inflation pressures for the their vehicle,
this information is available in other
locations such as the sidewall markings
and the owner’s manual.
VII. NHTSA’s Decision: In
consideration of the foregoing analysis,
NHTSA finds that BMW has met its
burden of persuasion that the subject
FMVSS No. 110 noncompliance in the
subject vehicles is inconsequential to
motor vehicle safety.
Accordingly, BMW’s petition is
hereby granted and BMW is
consequently exempted from the
obligation of providing notification of,
and a free remedy for, that
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26507
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 only applies to the subject
vehicles that BMW no longer controlled
at the time it determined that the
noncompliance existed. However, the
granting of this petition does not relieve
vehicle distributors and dealers of the
prohibitions on the sale, offer for sale,
or introduction or delivery for
introduction into interstate commerce of
the noncompliant vehicles under their
control after BMW notified them that
the subject noncompliance existed.
Authority: 49 U.S.C. 30118, 30120:
delegations of authority at 49 CFR 1.95 and
501.8.
Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2019–11791 Filed 6–5–19; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No. PHMSA–2019–0100]
Hazardous Materials Safety: Notice of
Availability of the Draft Environmental
Assessment for a Special Permit
Request for Liquefied Natural Gas by
Rail
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Notice.
AGENCY:
PHMSA announces the
availability for public review and
comment of the draft environmental
assessment for a special permit request
to transport ‘‘Methane, Refrigerated
Liquid’’ (i.e., liquefied natural gas) by
rail tank car.
DATES: Comment must be received by
July 8, 2019. To the extent possible,
PHMSA will consider late-filed
comments.
ADDRESSES: Comments should reference
the Docket number for this notice and
may be submitted in the following ways:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
SUMMARY:
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Agencies
[Federal Register Volume 84, Number 109 (Thursday, June 6, 2019)]
[Notices]
[Pages 26505-26507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11791]
[[Page 26505]]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2017-0012; Notice 2]
BMW of North America, LLC, Grant of Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition.
-----------------------------------------------------------------------
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, and subsequently petitioned NHTSA on
February 17, 2017, for a decision that the subject noncompliance is
inconsequential as it relates to motor vehicle safety. This notice
announces the grant of BMW's petition.
FOR FURTHER INFORMATION CONTACT: Kerrin Bressant, Office of Vehicle
Safety Compliance, NHTSA, telephone (202) 366-1110, facsimile (202)
366-3081.
SUPPLEMENTARY INFORMATION:
I. Overview: BMW has determined that certain 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 (49 CFR 571.110). BMW filed a
noncompliance information report dated January 26, 2017, pursuant to 49
CFR part 573, Defect and Noncompliance Responsibility and Reports. BMW
subsequently petitioned NHTSA on February 17, 2017, 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.
Notice of receipt of BMW's petition was published in the Federal
Register (82 FR 7511) with a 30-day public comment period, on April 11,
2017. No comments were received. To view the petition and all
supporting documents, log onto the Federal Docket Management System
(FDMS) website at: https://www.regulations.gov/. Then follow the online
search instructions to locate docket number ``NHTSA-2017-0012.''
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
vehicle 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 vehicle placard also states
that the cold tire inflation pressure for the rear tires is 240 kPa/35
psi when it should read 220 kPa/32 psi. 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 include
the requirements relevant to this petition:
Each vehicle, except for a trailer or incomplete vehicle,
shall show the information specified in paragraph S4.3(a) through (g),
and may show, at the manufacturer's option, the information specified
in paragraph 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.
Vehicle manufacturers' recommended cold tire inflation
pressure for the front, rear and spare tires are subject to the
limitations of paragraph 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.
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:
1. 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 35 psi, whereas the
placard for the 17-inch rear tire denotes a cold tire inflation
pressure value of 32 psi. This will not result in a vehicle overload
condition as explained in further detail below.
2. 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 32 psi and 35 psi 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
[[Page 26506]]
does not exist. The vehicle operator would not underinflate the front
tires or the rear tires; therefore, such calculations are not necessary
for this petition.
3. 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 proper inflation level for the tires equipped on
the vehicle.
Sources That Point to the Vehicle Owner's Manual
--FMVSS No. 110 paragraph S4.3(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 paragraph S4.5(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.)''
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 32 psi and 35
psi. However, affected vehicles (BMW 330i, 330i xDrive) were equipped
with 17-inch tires in which a front, and a rear, tire pressure should
be 32 psi. 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 an 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 Assist TM
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
4. 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.
5. Prior NHTSA Grants to Manufacturer Petitions: NHTSA has
[[Page 26507]]
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.
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)
6. Vehicle Production: Vehicle production has been corrected to
conform to FMVSS No. 110 paragraphs S4.3(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.
VI. NHTSA Analysis: BMW explains that the noncompliance is that the
subject vehicles were equipped with 17-inch tires, although, the
vehicle placard (referred to as the tire and information placard by
BMW) states that the vehicles were equipped with 18-inch tires and
includes the manufacturer's recommended cold tire inflation pressure
and tire size designation for the 18-inch tires. Therefore, the
affected vehicles do not conform to FMVSS 110 paragraphs S4.3(c) and
4.3(d).
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.
FMVSS No. 110 requires that the original tires installed on a
vehicle and the tires listed on the vehicle placard be the same size
and that the tires, at the manufacturer recommended inflation pressure,
be appropriate for the designed vehicle maximum load conditions. If a
customer were to look at the vehicle placard to determine recommended
inflation pressure values they would see values intended for the 18-
inch tire and not the 17-inch tire. If the customer does not notice
that their vehicle has 17-inch tires installed they may use the 18-inch
tire inflation pressure values, which are the same for the tires on the
front axle but larger for the tires on the rear axle. If this were the
case, calculations show that the 17-inch tire load carrying capacity of
the rear tires at the 18-inch tire delineated pressure is appropriate
for the subject vehicle's rear GAWR. Specifically, if a vehicle owner
inflated their tires to the inflation pressure listed for the 18-inch
tires, the result would be an increase to 240 kPa/35 psi for the rear
tires and a net increase in load capacity for the vehicle overall.
Alternatively, if the vehicle owner installed 18-inch tires on the
subject vehicle, those tires at the listed cold inflation pressure
would also be appropriate, as required by FMVSS No. 110, for the
subject vehicle's front and rear GAWRs.
The agency agrees with BMW that the subject noncompliance is
inconsequential to motor vehicle safety and that there is no risk of
possible underinflating or overloading of the tires and should a
vehicle owner question the correct tire size or corresponding
recommended cold tire inflation pressures for the their vehicle, this
information is available in other locations such as the sidewall
markings and the owner's manual.
VII. NHTSA's Decision: In consideration of the foregoing analysis,
NHTSA finds that BMW has met its burden of persuasion that the subject
FMVSS No. 110 noncompliance in the subject vehicles is inconsequential
to motor vehicle safety.
Accordingly, BMW's petition is hereby granted and BMW is
consequently exempted from the obligation of providing notification of,
and a free remedy for, that 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
only applies to the subject vehicles that BMW no longer controlled at
the time it determined that the noncompliance existed. However, the
granting of this petition does not relieve vehicle distributors and
dealers of the prohibitions on the sale, offer for sale, or
introduction or delivery for introduction into interstate commerce of
the noncompliant vehicles under their control after BMW notified them
that the subject noncompliance existed.
Authority: 49 U.S.C. 30118, 30120: delegations of authority at
49 CFR 1.95 and 501.8.
Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2019-11791 Filed 6-5-19; 8:45 am]
BILLING CODE 4910-59-P