BMW of North America, LLC, a Subsidiary of BMW AG, Grant of Petition for Decision of Inconsequential Noncompliance |
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Topics: BMW X6
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Claude H. Harris
National Highway Traffic Safety Administration
July 22, 2013
[Federal Register Volume 78, Number 140 (Monday, July 22, 2013)]
[Notices]
[Pages 43964-43965]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17432]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2012-0075; Notice 2]
BMW of North America, LLC, a Subsidiary of BMW AG, Grant of
Petition for Decision of Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Grant of petition.
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SUMMARY: BMW of North America, LLC \1\ a subsidiary of BMW AG.\2\ has
determined that certain model year (MY) 2012 BMW X6M SAV multipurpose
passenger vehicles (MPV) manufactured between April 1, 2011 and March
23, 2012, do not fully comply with paragraph S4.3 (b) of Federal Motor
Vehicle Safety Standard (FMVSS) No. 110, Tire selection and rims and
motor home/recreation vehicle trailer load carrying capacity
information for motor vehicles with a GVWR of 4,536 kilograms (10,000
pounds) or less. BMW has filed an appropriate report dated April 4,
2012,
[[Page 43965]]
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility
and Reports.
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\1\ BMW of North America, LLC is a U.S. company that
manufacturers and imports motor vehicles.
\2\ BMW AG is a German company that manufactures motor vehicles.
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Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule
implementing those provisions at 49 CFR part 556, BMW has petitioned
for an exemption from the notification and remedy requirements of 49
U.S.C. Chapter 301 on the basis that this noncompliance is
inconsequential to motor vehicle safety. Notice of receipt of the
petition was published, with a 30-day public comment period, on June
25, 2012 in the Federal Register (77 FR 37956.) No comments were
received. To view the petition and all supporting documents log onto
the Federal Docket Management System (FDMS) Web site at: http://www.regulations.gov/. Then follow the online search instructions to
locate docket number ``NHTSA-2012-0075.''
Contact Information: For further information on this decision
contact Ms. Amina Fisher, Office of Vehicle Safety Compliance, the
National Highway Traffic Safety Administration (NHTSA), telephone (202)
366-1018, facsimile (202) 366-5930.
Vehicles Involved: Affected are approximately 364 MY 2012 BMW X6M
SAV MPVs manufactured between April 1, 2011 and March 23, 2012.
Rule Text: Section S4.3(b) of FMVSS No. 110 specifically states:
S4.3 (b) 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. * * *
b) Designated seated capacity (expressed in terms of total
number of occupants and number of occupants for each front and rear
seat location); * * *
Summary of BMW'S Analyses: BMW explains that the noncompliance is
that the tire placard on the affected vehicles incorrectly identifies
the rear designated seating capacity as ``2'' when in fact it should be
``3,'' and the total designated seating capacity as ``4'' when in fact
it should be ``5.''
BMW states that while the tire placard incorrectly identifies the
vehicle seating capacity, this noncompliance is inconsequential to
motor vehicle safety for the following reasons:
1. It would become clear to a vehicle owner that the rear seat of
the affected vehicles contains three sets of seat belts, and provides
adequate space for three people to occupy the rear seat and that the
vehicle in fact does accommodate five passengers not four as labeled.
2. The tire pressure value on the tire placard is correct. In fact,
the recommended tire inflation pressure for both the five passenger and
the four passenger vehicles is the same. Therefore, there is no risk of
under-inflation.
3. The vehicle capacity weight listed on the tire placard is
correct, and is the same for X6M model vehicles built for four or five
occupants. Therefore, there is no risk of overloading.
4. The vehicle's Monroney label contains a listing of all options
that have been equipped on the affected vehicles. The option regarding
the rear seat for three occupants is noted on the Monroney label;
therefore, an owner would have been notified at time of purchase of the
vehicle that the rear seat is equipped to accommodate three occupants.
5. The vehicle Owner's Manual contains information pertaining to
the vehicle's tires, tire pressure, and the vehicle capacity weight.
Therefore, if owners check the Owner's Manual, correct information is
available for their use.
6. BMW also offers Roadside Assistance\TM\ and BMW Assist\TM\ which
are available 24 hours/day with representatives that are available to
provide drivers with all of the available tires sizes and
specifications for the affected vehicles.
7. BMW has received no customer complaints and are unaware of any
accidents or injuries regarding this noncompliance of the affected
vehicles.
BMW has additionally informed NHTSA that it has corrected future
production and that all other required markings are present and
correct.
BMW also expressed its belief that NHTSA has previously granted
similar petitions.
In summation, BMW believes that the described noncompliance of the
subject vehicles is inconsequential to motor vehicle safety, and that
its petition, to exempt from providing recall notification of
noncompliance as required by 49 U.S.C. 30118 and remedying the recall
noncompliance as required by 49 U.S.C. 30120 should be granted.
NHTSA Decision: NHTSA has reviewed and accepts BMW's analyses that
the noncompliance is inconsequential to motor vehicle safety. BMW has
provided sufficient documentation that other than the labeling error,
the vehicles comply with all other safety performance requirements of
FMVSS No. 110. Since the correct information is provided in other
locations, BMW has met its burden of persuasion. Accordingly, BMW's
petition is hereby granted, and BMW is exempted from the obligation of
providing notification of, and a 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 364 vehicles that BMW no longer controlled at the
time it determined that a noncompliance existed. However, the granting
of this petition does not relieve 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)
Issued on: July 9, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-17432 Filed 7-19-13; 8:45 am]
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