[Federal Register Volume 69, Number 91 (Tuesday, May 11, 2004)]
[Notices]
[Pages 26208-26209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10644]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Denial of Motor Vehicle Defect Petition

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation.

ACTION: Denial of petition for a defect investigation.

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SUMMARY: This notice sets forth the reasons for the denial of a 
petition submitted by Ms. Claire M. Tieder to NHTSA's Office of Defects 
Investigation (ODI), dated January 11, 2004, under 49 U.S.C. 30162, 
requesting that the agency commence a proceeding to determine the 
existence of a defect related to motor vehicle safety with respect to 
the automatic transmission performance of model year (MY) 2004 BMW 3-
Series xi all-wheel drive sedans. After a review of the petition and 
other information, NHTSA has concluded that further expenditure of the 
agency's investigative resources on the issues raised by the petition 
does not appear to be warranted. The agency accordingly has denied the 
petition. The petition is hereinafter identified as DP04-001.

FOR FURTHER INFORMATION CONTACT: Mr. Steve Chan, Defects Assessment 
Division, Office of Defects Investigation, NHTSA, 400 Seventh Street, 
SW., Washington, DC 20590. Telephone: (202) 366-8537.

SUPPLEMENTARY INFORMATION: By letter dated January 11, 2004, Ms. Claire 
M. Tieder of Reston, VA, submitted a petition requesting that the 
agency investigate the automatic transmission performance of MY 2004 
BMW 3-Series xi all-wheel drive vehicles. The petitioner alleges that 
she had experienced transmission delay engagement of one-half minute to 
two minutes after shifting from Reverse to Drive on her MY 2004 BMW 
325xi vehicle.
    ODI requested information from Bayerische Motoren Werke (BMW) 
pertaining to the issue of automatic transmission delayed engagement 
when shifting from Reverse to Drive or from Drive to Reverse (alleged 
defect) on all MY 2004 BMW 3-Series vehicles (subject vehicles) 
manufactured for sale or lease in the United States. According to BMW, 
two automatic transmission models--GM5 and 5HP19--were used in the 
subject vehicles. The GM5 transmission was used in both the rear-wheel 
drive and the all-wheel drive vehicles, and the 5HP19 transmission was 
used for the rear-wheel drive vehicles only. The table below is a 
summary of BMW's response to certain requested information which 
relates, or may relate, to the alleged defect on the subject vehicles:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                        Vehicle \1\      Consumer                        Warranty
         Transmission model             population      complaints     Field reports      claims            TSB            Crash       Injury   Fatality
--------------------------------------------------------------------------------------------------------------------------------------------------------
5HP19...............................           6,942               2               0              12               0               0        0          0
-------------------------------------
GM5.................................          49,706             139             256            1742               2               0        0         0
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ As of February 27, 2004.

    BMW apparently was well aware of the alleged defect in the subject 
vehicle. In December 2003, BMW issued Technical Service Bulletin (TSB) 
SI B24 07 03, Subject: ``GM5: Delayed P [Park] to D [Drive] Engagement 
on Cold Start.'' The TSB stated that ``Customer may complain of delayed 
`P' to `D' engagement (2 to 30 seconds) during the first cold start in 
the morning,'' and that the cause was ``Unfavorable tolerances of C1 
clutch housing causing internal transmission pressure leak after 
extended (overnight) parking.'' The TSB applied to the subject vehicles 
and the BMW X5 3.0iA model with a GM5 transmission manufactured during 
certain time periods. The TSB indicated that if a customer complained 
about this problem, the affected transmission would be replaced with an 
improved unit after the servicing dealer verified the aforementioned 
delayed `P' to `D' engagement. On February 2004, BMW issued an updated 
TSB to include the BMW X3 3.0iA model with GM5 transmission. No TSB was 
issued with respect to the 5HP19 transmission.
    In its response to ODI, BMW stated that the transmission engagement 
delay after shifting from Park to Drive, or from Reverse to Drive, is 
caused by an internal transmission fluid leak of the main drive clutch 
(C1 clutch) between the molded piston outer seal and the main drive 
clutch housing. The C1 clutch provides input torque to the 
transmission's 1st, 2nd, 3rd, and 4th gear. If the C1 clutch's torque-
carrying capacity is interrupted, then forward drive gear engagement is 
delayed. The problem is more prevalent in colder weather, and usually 
occurs during a ``cold start'' such as after the vehicle has been 
parked with the engine off overnight.
    In its response, BMW argued that the alleged defect does not pose 
an unreasonable risk to motor vehicle safety, for the following 
reasons:
    (1) The delay can only occur at vehicle ``cold start'' after the 
vehicle has been at rest for more than eight hours, and typically lasts 
less than 15 seconds. At the time of a ``cold start,'' the vehicle is 
stationary. It is not moving in traffic. Therefore, the driver is not 
traveling at some measurable speed. There have been no crashes, no 
property damage claims, no injuries and no fatalities associated with 
the alleged defect reported to BMW;
    (2) The delay is ``self-correcting.'' Coincident with the 
transmission engagement delay, a driver who has been sensitized to this 
occurrence may increase the engine speed in order to reduce the delay 
time. By increasing the engine speed, the transmission's internal 
pressure increases more quickly toward its operating pressure, and 
enables the drive gear to engage sooner;
    (3) The transition from delay occurrence to ``normal'' vehicle 
usage is benign. At the end of the delay, the transition to full 
engagement of the drive gear occurs in a ``smooth'' manner. There is no 
sudden/abrupt forward acceleration of the vehicle. Nothing in front of 
the vehicle is at an increased

[[Page 26209]]

risk of being contacted, nor is there any risk of startling the driver;
    (4) The drivers are sensitized to the delay and can take corrective 
actions once they have experienced the delay. They will know to expect 
it in future cold starts and can increase the engine speed to avoid the 
temporary effect of transmission engagement delay; and
    (5) If a subject vehicle is prone to the condition of transmission 
engagement delay, the occurrence will arise early in the vehicle's 
lifecycle when it is fully covered by warranty. BMW's analysis of the 
warranty claims suggests that most of the potentially affected vehicles 
have already been repaired.
    ODI has received a total of 13 consumer complaints (including one 
from the petitioner, who has a GM5 transmission) regarding this issue, 
of which 11 are unique to ODI. Like those reported to BMW, none of 
these complaints involved a crash, injury, or fatality. Information 
contained in the ODI consumer complaints and from telephone interviews 
with complainants is consistent with BMW's assessment of the safety 
consequences of the alleged defect. The reported transmission delay 
period ranged from 4 seconds to 75 seconds, with an average of 20 
seconds. The complainants indicated that the delay only occur during 
``cold start,'' after the vehicle has been parked overnight. Drivers 
learned to shorten the delay by increasing the engine speed; when the 
engine speed is increased, the vehicle creeps forward until the 
transmission is fully engaged. One complainant indicated that he 
shortens or eliminates the delay by shifting the transmission in Drive 
but keeping the vehicle stationary for 30 seconds with the brakes 
applied for pressure to build up in the transmission.
    As the petitioner noted, it is possible for a driver to back a 
subject vehicle into the street from a driveway and then not to be able 
to move forward as normal. While this could theoretically create a 
safety problem, the risk is very small, and there are no reported 
crashes or injuries due to the alleged defect. As mentioned previously, 
once they are aware of the problem, the drivers appear to have learned 
to take precautionary and compensatory measures.
    In view of the foregoing, it is unlikely that the NHTSA would issue 
an order for the notification and remedy of the alleged defect as 
defined by the petitioner at the conclusion of the investigation 
requested in the petition. Therefore, in view of the need to allocate 
and prioritize the NHTSA's limited resources to best accomplish the 
agency's safety mission, the petition is denied.

    Authority: 49 U.S.C. 30162(d); delegations of authority at CFR 
1.50 and 501.8.

    Issued on: May 5, 2004.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-10644 Filed 5-10-04; 8:45 am]
BILLING CODE 4910-59-P