BMW of North America, LLC, Grant of Petition for Decision of Inconsequential Noncompliance |
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Topics: BMW 330i
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Otto G. Matheke III
National Highway Traffic Safety Administration
6 June 2019
[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.
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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: http://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