BMW of North America, LLC, Grant of Petition for Decision of Inconsequential Noncompliance, 14245-14247 [2023-04662]

Agencies

• National Highway Traffic Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 88, Number 44 (Tuesday, March 7, 2023)]
[Notices]
[Pages 14245-14247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04662]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2017-0042; 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.

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SUMMARY: BMW of North America, LLC (BMW), a subsidiary of BMW AG, 
Munich, Germany, has determined that certain model year (MY) 2018 BMW 
M4 Coupe and BMW M4 convertible 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 April 
26, 2017, and subsequently petitioned NHTSA on May 19, 2017, for a 
decision that the subject noncompliance is inconsequential as it 
relates to motor vehicle safety. This document announces the grant of 
BMW's petition.

FOR FURTHER INFORMATION CONTACT: Ahmad Barnes, Office of Vehicle Safety 
Compliance, the National Highway Traffic Safety Administration (NHTSA), 
telephone (202) 366-7236.

SUPPLEMENTARY INFORMATION: 

I. Overview

    BMW has determined that certain MY 2018 BMW M4 Coupe and BMW M4 
convertible motor vehicles do not fully comply with one or more of the 
following paragraphs: S4.3(a), S4.3(c) and S4.3(d) of 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 report dated April 26, 2017, pursuant to 49 CFR part 573, 
Defect and Noncompliance Responsibility and Reports. BMW subsequently 
petitioned NHTSA on May 19, 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 40640) with a 30-day public comment period, on August 
25, 2017. One comment was received. To view the petition and all 
supporting documents log onto the Federal Docket Management System 
(FDMS) web page at: https://www.regulations.gov/. Then follow the online 
search instruction to locate docket number ``NHTSA-2017-0042.''

II. Vehicles Involved

    Approximately 93 MY 2018 BMW M4 Coupe and BMW M4 Convertible motor 
vehicles, manufactured between February 28, 2017, and March 24, 2017, 
are potentially involved.

III. Noncompliance

    BMW describes three noncompliances of the affected vehicles 
equipped with a vehicle placard that may not fully conform to FMVSS No. 
110. Although the affected vehicles were equipped with 20-inch tires, 
the FMVSS No. 110 vehicle placard states that the vehicles were 
equipped with 18-inch tires. Additionally, the vehicle placard for the 
BMW M4 Coupe states a vehicle capacity weight of 390 kilograms (kg) 
although it should state a vehicle capacity weight of 381 kg. 
Furthermore, the placard for the BMW M4 Convertible states a 
manufacturer's recommended cold tire inflation pressure of 32 psi when 
it should state a tire inflation pressure of 33 psi.

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 information specified in paragraph S4.3 (a) 
through (g), and may show, at the manufacturer's option, the 
information specified in paragraphs S4.3 (h) and (i), on a placard 
permanently affixed to the driver's side B-pillar. The information 
shall be in the English language and conform in color and format, not 
including the border surrounding the entire placard, as shown in the 
example set forth in Figure 1 of FMVSS No. 110. Additionally, the 
vehicle placard must state the vehicle manufacturer's recommended cold 
tire inflation pressure for front, rear and spare tires. The vehicle 
placard must state the tire size designation, indicated by the headings 
``size'' or ``original tire size'' or ``original size'' and ``spare 
tire'' or ``spare,'' for the tires installed at the time of first 
purchase for purposes other than resale.

[[Page 14246]]

V. Summary of BMW's Petition

    The following views and arguments presented in this section, ``V. 
Summary of BMW's Petition,'' are the views and arguments provided by 
BMW. They have not been evaluated by the Agency and do not reflect the 
views of the Agency. BMW describes the subject noncompliance and states 
its belief that the noncompliance is inconsequential as it relates to 
motor vehicle safety.
    BMW states that the affected BMW M4 Coupe motor vehicles were 
equipped with 20-inch tires while the vehicle placard incorrectly 
states that the vehicles are equipped with 18-inch tires and indicates 
a vehicle capacity weight of 390kg. The placard should state that the 
vehicles are equipped with 20-inch tires and have a vehicle capacity 
weight of 381 kg.
    Based on its analysis and evaluation of the components, and systems 
including brakes, steering, and suspension in the BMW M4 Coupe motor 
vehicles, BMW believes that the incorrect vehicle capacity weight of 
390 kg provided on the noncompliant vehicle placard ``will not result 
in a vehicle overload condition.'' Furthermore, BMW explains that ``the 
vehicle was designed to account for a larger vehicle capacity weight 
than the weight stated on the tire information placard.''
    BMW states that the BMW M4 Coupe vehicles ``are equipped with a 
Part 567 certification label which states accurate information for the 
Gross Vehicle Weight Rating (GVWR).'' Therefore, BMW contends that ``a 
vehicle operator who uses this information would be able to determine 
the correct maximum vehicle weight.''
    The BMW M4 Convertible vehicles were equipped with a tire 
information placard that incorrectly states that they were equipped 
with 18-inch tires when it should state that the subject vehicles were 
equipped with 20-inch tires. The placard also lists the manufacturer's 
recommended tire inflation pressure as 32 psi when it should have been 
marked 33 psi.
    BMW claims that the tires installed on the subject convertible 
motor vehicles will not result in a vehicle overload condition in both 
the front and rear tires when the subject tires are inflated to the 
incorrectly listed manufacturer's recommended cold tire inflation 
pressure of 32 psi. BMW says that the subject convertible vehicle tires 
comply with FMVSS No. 110 S4.2.1 which requires the vehicle normal load 
to be no more than 94 percent of the load rating at the vehicle 
manufacturer's recommended cold inflation pressure for that tire. The 
vehicle normal load on the tire is the load on an individual tire that 
is calculated by distributing each axle's share of the curb weight, 
accessory weight, and normal occupant weight, and dividing by 2. BMW 
calculated that a normal load per front tire is 534 kg and a normal 
load per rear tire is 466 kg. According to BMW's assessment, the 
subject tires comply with FMVSS No. 110 S4.1.2 which requires the 
vehicle normal load to be no more than 94 percent of the load rating at 
the vehicle manufacturer's recommended cold inflation pressure for that 
tire.
    The load rating is the highest vehicle maximum load on the tire for 
the vehicle and is provided by the sources listed in S4.4.2 (a). Using 
the European Tyre and Rim Technical Organization (ETRTO) Standard Load 
table, BMW says the load rating for the front tire is 605 kg and the 
load rating for the rear tires is 700 kg. The sum of the load ratings 
for the front tires is 1,210 kg and the GAWR is 1,050 kg and the sum of 
the load ratings for the rear tires is 1,400 kg and the GAWR is 1,250 
kg. Therefore, BMW says the 20-inch front and rear tires, ``inflated to 
32 psi, are sufficient to support vehicle loading.''
    BMW says there are multiple sources available to the consumer to 
determine the correct tire pressure for tires equipped on the subject 
convertible vehicles. Specifically, BMW refers to FMVSS No. 110 S4.3(f) 
which requires that the tire information placard instructs the consumer 
to see Owner's Manual for additional information. BMW also refers to 
FMVSS No 138 S4.5(a) which requires the Owner's Manual to contain a 
statement that instructs the consumer to check each tire's inflation 
pressure monthly and if the consumer finds that the vehicle has tires 
of a different size than the size indicated on the vehicle placard or 
tire inflation pressure label, the consumer should determine the proper 
tire inflation pressure for those tires.
    Because those statements required by FMVSS No. 110 S4.3(f) and 
FMVSS No. 138 S4.5(a) are present in the Owner's Manual provided 
hardcopy and electronically in the vehicle, BMW contends that a 
consumer would be able to access the information needed to set the tire 
inflation pressures to the correct levels. Furthermore, BMW says a 
consumer can contact its customer relations service or its roadside 
assistance service which has representatives available 24/7 to assist 
with determining the correct tire pressure. The consumer is able to 
access the contact information for the roadside assistance service in 
the vehicle's portfolio, the vehicle's media console and via the 
emergency call button on the overhead console. The customer relations 
contact information can be found in the vehicle's portfolio, Owner's 
Manual and the Service and Warranty Book.
    BMW states that its customer relations service has not received any 
contacts regarding the subject noncompliances. BMW is also unaware of 
any consumer experiencing issues or any accidents or injuries related 
to the subject noncompliances
    BMW says that NHTSA has granted prior petitions that are similar to 
the subject petition. BMW does not reference a specific petition but 
states that NHTSA found ``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.
    BMW concluded by expressing the belief that the noncompliances are 
inconsequential as they relate 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. Comments

    NHTSA received one comment from the general public. While NHTSA 
takes great interest in the public's concerns and appreciates the 
commenter's feedback, the comment does not address the purpose of this 
particular petition.

VII. NHTSA's Analysis

    The intent of FMVSS No. 110 is to ensure that vehicles are equipped 
with tires that are properly inflated to handle maximum vehicle loads 
and to provide relevant information to prevent overloading.
    According to BMW, the M4 Coupe model's Tire and Loading Information 
label incorrectly displays a Vehicle Capacity Weight of 390 kg instead 
of the correct amount of 381 kg. BMW has determined that there would 
not be any adverse impact on these vehicles because the vehicle was 
designed to account for a larger vehicle capacity weight than the 
weight stated on the tire loading label. NHTSA concurs with BMW's 
rationale. A load of 9 kg ((20) pounds or (5) pounds per tire) is a 1 
percent difference in the loading on each tire. We believe this loading 
to be well within the design safety factor of

[[Page 14247]]

the tires. As stated by BMW, we also agree that the additional 9 kg 
load should not adversely affect vehicle braking, steering and 
stability due to the robustness of the subject vehicles being capable 
of accounting for a larger vehicle capacity weight than stated on the 
tire information placard. This marginal load should be within the 
design safety factor of the vehicle components as well.
    NHTSA also concurs with BMW's statement that a vehicle designed to 
withstand a larger capacity weight than stated on its tire loading 
label would not present a consequential safety problem. Although the M4 
Convertible is equipped with 20-inch tires, the model's Tire and 
Loading Information label incorrectly displays a cold tire pressure of 
32 psi when it should display 33 psi. Considering the specifications of 
the 20-inch tires in the ETRTO reference book, it is apparent that even 
at the lower listed tire pressure, the tires are more than adequate to 
carry the vehicle's load. The vehicle's equipped tires are Extra Load 
(XL) tires. ETRTO specifies use of Standard Load tables for tire 
pressures up to 36 psi. The load index for the front tires is 94 and at 
a pressure of 32 psi results in a load capacity of 605 kgs or 1210 kgs 
for the front axle. The GAWR for the front axle is 1050 kgs. The load 
index for the rear tires is 99 and at a pressure of 32 psi results in a 
load capacity of 700 kgs or 1400 kgs for the rear axle. The GAWR for 
the rear axle is 1250 kgs. Therefore, there is adequate load carrying 
capacity in the tire at the lower pressure and there is no safety issue 
resulting in underinflation of tires if a consumer uses the tire 
pressure on the vehicle's label.
    Paragraph S4.2.1.2 of FMVSS No. 110 requires that the vehicle 
normal load on the tire shall not be greater than 94 percent of the 
load rating at the vehicle manufacturer's recommended cold inflation 
pressure for that tire. The vehicle normal load per tire is calculated 
by distributing 2 occupants (for a 4-occupant vehicle), at the front 
axle. Per FMVSS No. 110 definition of vehicle capacity weight, using 68 
kgs per occupant results in a vehicle normal load per front tire of 534 
kgs and a normal load per rear tire of 466 kgs.
    BMW explained that they utilized a worst-case scenario by 
calculating the vehicle's normal load using an automatic transmission 
because it has a greater weight than the manual transmission, both of 
which may be utilized in the subject vehicles. For the front tires, the 
load rating is 605 kgs each, when multiplied by 94 percent, yields a 
value of 568 kgs, which exceeds the previously stated 534 kg normal 
vehicle load value. For the rear tires, the load rating is 700 kgs 
each, when multiplied by 94 percent yields a value of 658 kgs, which 
exceeds the previously stated 466 kg normal vehicle load value. NHTSA 
concurs with utilizing a worst-case scenario approach to these 
calculations as it is all inclusive of the affected vehicle population.
    The purpose of the FMVSS No. 110 tire information label is to 
convey accurate information for the vehicle to be operated in a safe 
manner. As is the case with BMW in this petition, should a vehicle 
operator require additional or corroborating information regarding the 
vehicle's Tire and Loading Information Label, there are other 
information sources that can be consulted to clearly identify--in this 
case--the correct tire pressure. Should a vehicle operator ever 
question what the correct tire pressure should be, they can consult the 
vehicle's hardcopy owner's manual, the in-vehicle electronic owner's 
manual, or contact BMW directly for further information in order to 
verify the correct tire pressure.
    NHTSA has previously granted petitions for inconsequential 
noncompliance regarding FMVSS No. 110 related to vehicles for which the 
vehicle placard contained tire size and tire pressure information which 
did not match the tires equipped on the vehicle under similar 
conditions.

VIII. NHTSA's Decision

    NHTSA agrees with BMW that the subject noncompliance is 
inconsequential to motor vehicle safety because there would be no 
effect of the noncompliance on the operational safety of the subject 
vehicles. No adverse impact on braking, steering or on-road stability 
can result in driving the subject vehicles at the incorrect vehicle 
capacity weight listed on the tire information placard. The vehicles 
were designed to account for a larger vehicle capacity weight than the 
weight stated on the tire information placard. Furthermore, the 
affected vehicles can maintain the maximum vehicle loads even at the 
lower manufacturer's recommended cold tire inflation pressure on the 
tire information placard.
    In consideration of the foregoing, NHTSA finds that BMW has met its 
burden of persuasion that the FMVSS No. 110 noncompliance in the 
affected vehicles is inconsequential to motor vehicle safety. 
Accordingly, BMW's petition is granted and BMW is 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. 2023-04662 Filed 3-6-23; 8:45 am]
BILLING CODE 4910-59-P