BMW of North America, LLC, a Subsidiary of BMW AG, Grant of Petition for Decision of Inconsequential Noncompliance |
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Topics: Mini Cooper
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Claude H. Harris
National Highway Traffic Safety Administration
June 27, 2013
[Federal Register Volume 78, Number 124 (Thursday, June 27, 2013)]
[Notices]
[Pages 38799-38800]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15464]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2012-0116; 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 (BMW) \1\, a subsidiary of BMW AG
\2\, Munich, Germany, has determined that certain model year (MY) 2012
MINI Cooper Countryman passenger cars with optional three passenger
rear seating and manufactured between August 1, 2011 and May 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 June 1, 2012, 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
manufactures 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
September 13, 2012 in the Federal Register (77 FR 56700). 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-2012-0116.''
FOR FURTHER INFORMATION CONTACT: For further information on this
decision contact Ms. Amina Fisher, Office of Vehicle Safety Compliance,
the National Highway Traffic Safety Administration (NHTSA), telephone
(202) 366-5307.
Vehicles Involved: Affected are approximately 5,700 MY 2012 MINI
Cooper Countryman passenger vehicles with optional three passenger rear
seating manufactured between August 1, 2011 and May 23, 2012.
Summary of BMW'S Analyses: BMW explains that the noncompliance is
that the vehicle 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 vehicle 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
an affected vehicle contains three sets of seat belts, 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 vehicle 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 vehicle placard is
correct, and is the same for Countryman model vehicles built for four
or five occupants. Therefore, there is no risk of overloading.
4. The vehicle's Monroney label \3\ 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.
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\3\ Automobile Information Disclosure Act (AIDA), 15 U.S.C.
1231-1233.
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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 provides vehicle drivers with help determining the
correct tire, tire pressure and loading information by way of toll-free
telephone numbers for MINI Roadside Assistance\TM\ (available 24 hours/
day) and MINI Customer Relations.
7. BMW has received no customer complaints and is 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.
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.
Background Requirement: Section Sec. 4.3 (b) of FMVSS No. 110
specifically states:
Sec. 4.3 Placard. Each vehicle, except for a trailer or
incomplete vehicle, shall show the information specified in Sec.
4.3 (a) through (g), . . . , 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); . . .
NHTSA Decision: NHTSA has reviewed BMW's analyses that the
noncompliance is inconsequential to motor vehicle safety. NHTSA agrees
that understating the number of rear seat occupants poses little safety
risk, and vehicle owners will observe three seat belts and correctly
identify three seating positions. BMW has provided sufficient
documentation that the vehicle placard does comply with all other
safety performance requirements. Since the vehicle placard clearly
states the correct vehicle capacity weight and tire inflation pressure
and NHTSA has verified both are compatible with five occupants, there
is little risk of vehicle overloading.
In consideration of the foregoing, NHTSA has decided that BMW has
met its burden of persuasion and that the subject FMVSS No. 110
noncompliance is inconsequential to motor vehicle safety. 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.
[[Page 38800]]
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 approximately 5,700 vehicles that BMW no longer
controlled at the time that it determined that a noncompliance existed
in the subject vehicles. 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)
Issued On: June 19, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-15464 Filed 6-26-13; 8:45 am]
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