[Federal Register Volume 71, Number 190 (Monday, October 2, 2006)]
[Notices]
[Pages 58048-58049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-16200]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2006-25903; Notice 1]


BMW of North America, LLC, Receipt of Petition for Decision of 
Inconsequential Noncompliance

    BMW of North America, LLC (BMW) has determined that certain 
vehicles that it produced in 2005 and 2006 do not comply with 
S4.5.1(b)(3) and S4.5.1(e)(3) of 49 CFR 571.208, Federal Motor Vehicle 
Safety Standard (FMVSS) No. 208, ``Occupant crash protection.'' BMW has 
filed an appropriate report pursuant to 49 CFR part 573, ``Defect and 
Noncompliance Reports.''
    Pursuant to 49 U.S.C. 30118(d) and 30120(h), 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.
    This notice of receipt of BMW's petition is published under 49 
U.S.C. 30118 and 30120 and does not represent any agency decision or 
other exercise of judgment concerning the merits of the petition.
    Affected are a total of approximately 27,975 model year 2006 BMW X5 
vehicles produced between September 1, 2005 and June 28, 2006. The 
affected vehicles were produced according to FMVSS No. 208 S14, the 
advanced air bag requirements including air bag suppression and 
telltale. However, the affected vehicles were not equipped with the 
corresponding warning labels, specifically the FMVSS No. 208 
S4.5.1(b)(3) sun visor label identified in Figure 11, and the 
S4.5.1(e)(3) removable label on dash identified in Figure 12. Instead, 
the affected vehicles were equipped with the ``pre-advanced'' air bag 
warning labels, specifically the FMVSS No. 208 S4.5.1(b)(1) sun visor 
label identified in Figure 6a, and the S4.5.1(e)(1) removable label on 
dash identified in Figure 7. This is shown as follows:

                             Sun Visor Label
------------------------------------------------------------------------
                                               Noncompliant label:
 Required label: S4.5.1(b)(3) Figure 11        S4.5.1(b)(1) fig. 6a
------------------------------------------------------------------------
WARNING EVEN WITH ADVANCED AIR BAGS....  WARNING DEATH or SERIOUS INJURY
                                          can occur.
Children can be killed or seriously      Children 12 and under can be
 injured by the air bag.                  killed by the air bag.
The back seat is the safest place for    The BACK SEAT is the SAFEST
 children.                                place for children.
Never put a rear-facing child seat in    NEVER put a rear-facing child
 front.                                   seat in front.
Always use seat belts and child          ALWAYS use SEAT BELTS and CHILD
 restraints.                              RESTRAINTS.
See owner's manual for more information  Sit as far back as possible
 about air bags.                          from the air bag.
------------------------------------------------------------------------


                         Removable Label on Dash
------------------------------------------------------------------------
                                               Noncompliant label:
 Required label: S4.5.1(e)(3) figure 12       S4.5.1(e)(2) figure 7
------------------------------------------------------------------------
This Vehicle is Equipped with Advanced   WARNING.
 Air Bags.
Even with Advanced Air Bags............
Children can be killed or seriously      Children Can be KILLED or
 injured by the air bag.                  INJURED by Passenger Air Bag.
The back seat is the safest place for    The back seat is the safest
 children.                                place for children 12 and
                                          under.
Never put a rear-facing child seat in
 the front.
Always use seat belts and child          Make sure all children use seat
 restraints.                              belts or child seats.
See owner's manual for more information
 about air bags.
------------------------------------------------------------------------

BMW has corrected the problem that caused these errors so that they 
will not be repeated in future production.
    BMW believes that the noncompliance is inconsequential to motor 
vehicle safety and that no corrective action is warranted. BMW states 
that the labels it actually used are ``more stringent'' and ``more 
emphatic, which would lead a consumer to act in a more cautious manner, 
and not in a less safe manner.'' BMW says,

    The difference in the warning message texts between the labels 
clearly indicates that the warning message on the affected vehicles' 
labels is stricter when compared to the advanced air bag labels. 
Therefore, even though the labels are incorrect, they would not 
result in a decrease in the safety message. Rather, they provide an 
increased emphasis.


[[Page 58049]]


    BMW further states that the vehicles are equipped with passenger 
air bag telltale lamps, and therefore the owners will know from these 
lamps that the vehicles are equipped with an advanced air bag system.
    BMW also says,

    * * * [T]he Owners Manual of the affected vehicles contains a 
description of the advanced air bag system including a description 
of the passenger air bag system telltale lamp. Owners who consult 
the Owners Manual will be able to read a description of the advanced 
air bag system along with a description of the passenger air bag 
system telltale lamp. Therefore, owners will know from their Owners 
Manual that their vehicle is equipped with a FMVSS 208 advanced air 
bag system.

    BMW states that it has no record that customers contacted the 
company with inquiries, complaints, or comments on the air bag warning 
labels.
    Interested persons are invited to submit written data, views, and 
arguments on this petition. Comments must refer to the docket and 
notice number cited at the beginning of this notice and be submitted by 
any of the following methods. Mail: Docket Management Facility, U.S. 
Department of Transportation, Nassif Building, Room PL-401, 400 Seventh 
Street, SW., Washington, DC, 20590-0001. Hand Delivery: Room PL-401 on 
the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC. It is requested, but not required, that two copies of 
the comments be provided. The Docket Section is open on weekdays from 
10 a.m. to 5 p.m. except Federal Holidays. Comments may be submitted 
electronically by logging onto the Docket Management System Web site at 
http://dms.dot.gov. Click on ``Help'' to obtain instructions for filing 
the document electronically. Comments may be faxed to 1-202-493-2251, 
or may be submitted to the Federal eRulemaking Portal: go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated below will 
be filed and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the extent possible. When the petition is granted or 
denied, notice of the decision will be published in the Federal 
Register pursuant to the authority indicated below.
    Comment closing date: November 1, 2006.

    Authority: 49 U.S.C. 30118, 30120: delegations of authority at 
CFR 1.50 and 501.8.

    Issued on: September 27, 2006.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. E6-16200 Filed 9-29-06; 8:45 am]
BILLING CODE 4910-59-P