[Federal Register Volume 78, Number 112 (Tuesday, June 11, 2013)]
[Notices]
[Pages 35094-35098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13779]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Denial of Motor Vehicle Defect Petition, DP12-001
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Denial of petition for a defect investigation.
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SUMMARY: This notice describes the reasons for denying a petition
(DP12-001) submitted to NHTSA under 49 U.S.C. Subtitle B, Chapter V,
Part 552, Subpart A, requesting that the agency ``open an
investigation'' into ``the repeated final drive bearing failure and
possibly flawed assembly controls of the final drive unit on BMW
K1200LT [motorcycles].''
FOR FURTHER INFORMATION CONTACT: Bob Young, Office of Defects
Investigation (ODI), NHTSA; 1200 New Jersey Ave. SE; Washington, DC
20590. Telephone: 202-366-4806.
SUPPLEMENTARY INFORMATION: By letter dated November 28, 2011, Mr.
Christopher D. Cimino wrote to NHTSA requesting that the agency open an
investigation into ``the repeated final drive bearing failure and
possibly flawed assembly controls of the final drive unit on BMW
K1200LT [motorcycles]'' and to require BMW to ``recall the affected
models for inspection of component wear and proper assembly of the
[final drive].''
NHTSA reviewed the material provided by the petitioner and other
pertinent data that the agency gathered since first learning of this
issue in February, 2003. The results of this review and NHTSA's
analysis of the petition's merit is set forth in the DP12-001 Petition
Analysis Report, published in its entirety as an appendix to this
notice.
For the reasons presented in the petition analysis report, it is
unlikely that an order concerning the notification and remedy of a
safety-related defect would be issued as a result of granting Mr.
Cimino's request. Therefore, in view of the need to allocate and
prioritize 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: June 5, 2013.
Nancy Lummen Lewis,
Associate Administrator for Enforcement.
Appendix
Petition Analysis--DP12-001
1.0 Introduction
On December 5, 2011 the National Highway Traffic Safety
Administration (NHTSA) received a letter (dated November 28, 2011)
from Mr. Christopher D. Cimino, requesting NHTSA to investigate
repeated final drive bearing failure[s] on certain BMW K1200LT model
motorcycles and require BMW to recall the affected models for
inspection of component wear and proper assembly of the unit. In
support of his request, Mr. Cimino cites: an earlier BMW motorcycle
recall addressing a final drive oil loss issue (06V399); \1\ related
consumer complaints filed with NHTSA; \2\ an internet-based registry
of owners experiencing a final drive ``failure''; \3\ an article
appearing in a motorcycle related magazine; \4\ and his own personal
experience wherein he had to replace the final drive ring gear ball-
type bearing twice. Mr. Cimino also included the damaged bearing
parts from his most recent incident. While Mr. Cimino did not style
his letter as a petition in accordance with 49 U.S.C. Part 552.4,
NHTSA is treating it as such.
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\1\ NHTSA Recall 06V399 was filed on 10-9-06. This recall
addresses oil leaking from the speed sensor o-ring of approximately
700 BMW motorcycles.
\2\ Mr. Cimino cites 145 consumer complaints which he found at
http://www-odi.nhtsa.dot.gov/complaints/.
\3\ Now defunct, a internet-based registry of related final-
drive complaints could be found at www.bmwfinaldrive.com.
\4\ Bill Shaw, ``Tarnished Roundel--Final Drive Failures Taint
BMW's Image,'' Motorcycle Consumer News, Sep. 2008.
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In analyzing the petitioner's allegations and preparing a
response, NHTSA:
Reviewed and analyzed the petitioner's November 28th
letter and attachments;
Discussed Mr. Cimino's allegations with him;
Reviewed NHTSA consumer complaints identified by Mr.
Cimino and those submitted to the agency after he filed his request;
Reviewed Early Warning Reporting (EWR) data submitted
by BMW pursuant to C.F.R. Sec. 579.23;
Reviewed information related to BMW's safety recall
(06V399);
Conducted a comprehensive internet-based search for
information concerning sudden, unforeseen subject final drive
bearing failure resulting in loss of motorcycle control;
Reviewed NHTSA's consumer complaint database for
relevant reports;
Reviewed www.bmwlt.com, www.ibmwr.org, www.bmwmoa.org,
and www.bmwra.org for relevant Internet forum postings;
Analyzed data related to the internet-based registry of
final drive-related complaints found at www.bmwfinaldrive.com;
Conducted informal interviews with K1200LT owners at
various BMW Motorcycle Owners of America (BMWMOA) and BMW Riders
Association (BMWRA) national rallies;
Participated in discussions with technical experts at
the BMWMOA and BMWRA national rallies;
Participated in discussions with BMW Motorrad (BMW's
motorcycle division) dealer service personnel;
Reviewed magazine articles pertaining to the final
drive bearing issue, and conducted informal discussions with the
authors of those articles;
Conducted a comprehensive, internet-based search for
information (including forum postings) concerning sudden, unforeseen
subject final drive bearing failure resulting in loss of motorcycle
control.
The information gathered and reviewed during this comprehensive
effort fails to establish that a safety-related defect trend
involving a final drive bearing failure exists in the subject
motorcycles. Consequently, the petition is denied.
2.0 The Petioner's Allegations
The petitioner wrote to NHTSA on November 28, 2011 requesting
that the agency open an investigation into ``the repeated final
drive bearing failure and possibly flawed assembly controls of the
final drive unit on BMW K1200LT [motorcycles].'' Prior to sending
this letter, the petitioner experienced two crown gear bearing
failures involving his model year (MY) 2001 K1200LT motorcycle. The
first failure occurred in December, 2008 when the motorcycle had
been driven 59,310 miles; the
[[Page 35095]]
second failure occurred on October 21, 2011 at 75,994 miles. Neither
incident resulted in a loss of control. The petitioner, an
experienced motorcyclist, free-lance journalist, and Motorcycle
Safety Foundation ``Rider Coach,'' alleged that the defect exposes
subject vehicle operators to ``potential loss of control, possible
crash, injury and . . . eventual fatality.'' Regarding his own
experience, the petitioner stated that when the final drive bearing
failed, the bearing parts could have caused the rear wheel to lock
at speed, likely resulting in a loss of control. Further, the final
drive oil leaking from the damaged bearing seal onto to rear tire
could have resulted in a loss of traction for the rear wheel.
3.0 Subject Motorcycles
This analysis covers all MY 1998 through 2010 BMW K1200LT
motorcycles (shown in Image (1) produced for sale in the United
States. Weighing 866 lbs., this ``Luxury Tourer'' motorcycle is a
direct competitor of the Honda ``Goldwing'' and was the heaviest
motorcycle in BMW's lineup during those model years. As a ``full-
dress'' touring motorcycle, it was also equipped with large capacity
panniers and an integrated tail trunk giving it a ``payload''
weight-carrying capability of 456 lbs. (including driver and
passenger) for a gross vehicle weight rating of 1,322 lbs. All
subject motorcycles are equipped with BMW's ``Paralever'' rear
suspension/shaft drive system.
[GRAPHIC] [TIFF OMITTED] TN11JN13.000
4.0 Subject ``Final Drive''
In 1988, BMW Motorrad introduced the ``Paralever'' rear
suspension/shaft drive swingarm (an upgrade from the company's
original ``Monolever'' single-sided swingarm first seen on the MY
1980 R80GS). All of the subject motorcycles are manufactured with a
``Paralever'' suspension/shaft drive (shown in Image 2). The ``final
drive'' is this Paralever element:
[GRAPHIC] [TIFF OMITTED] TN11JN13.001
Internally, the final drive is comprised of the components
identified in Image 3. Owners report incidents of ``ball bearing''
(i.e., ``crown gear bearing'') and this analysis focuses on that
allegation.
[[Page 35096]]
[GRAPHIC] [TIFF OMITTED] TN11JN13.002
5.0 Consumer Complaints
In analyzing this petition's merit, NHTSA gathered information
about allegations of final drive bearing failures. In particular,
NHTSA looked for indications that the failure(s) were sudden,
unforeseen, and resulted in the driver's inability to control the
motorcycle.
5.1 ``BMW FinalDrive.com'' Database
As owner concern about BMW final drive issues increased, an
internet-based forum survey was conducted by a BMW motorcycle owner.
By late 2009, at the survey's conclusion, 156 final drive bearing
failure reports were logged with 70 involving the subject
motorcycles. No verified crashes or loss of control allegations were
noted.
Bearings give different warnings when they are failing including
noise, increased vibrations, and the visible loss of bearing
material. The alleged final drive bearing failures listed in the BMW
FinalDrive.com database are consistent with these universally
accepted bearing failure characteristics. Under ``Precursor,'' those
filing complaint(s) reported they became aware of impending bearing
failure in the following ways:
Vibration/Noise--64 reports
Oil leak--27 reports
Unknown--26 reports
Ride Quality--16 reports
Drain plug (debris noted on the magnet)--14 reports
Static rear wheel looseness--8 reports
No Warning--1 report
5.2 Internet Forums
Numerous Internet forums concerning the alleged final drive
bearing failures exist. Because the same person often posts about
one event on multiple forums, obtaining an accurate count or
verifying incidents is not practical. Nevertheless, NHTSA conducted
a review of the forums and still failed to find any allegations of
crown gear bearing failure that resulted in a loss of motorcycle
control.
5.3 BMW Motorcycle Owners of America and BMW Riders Association Rallies
Since 2003, when NHTSA became aware of final drive failures on
the subject motorcycles, the agency has attended 10 national rallies
catering exclusively to BMW motorcycle owners. Both the BMW
Motorcycle Owners of America (MOA) and the BMW Riders Association
(RA) hold annual rallies drawing thousands of BMW motorcycle riders
including hundreds of BMW K1200LT riders. During the rallies
attended by NHTSA, the staff informally interviewed BMW motorcycle
owners (including those with K1200LTs) about any final drive issues
they might have experienced. While many owners expressed concern
about the perceived safety consequence of a final drive failure,
those who actually experienced a crown gear bearing failure reported
that they retained complete control of the motorcycle when the
incident occurred.
Additionally, while attending the rallies, NHTSA staff conducted
seminars about the agency's safety defect program. During the
question-and-answer portion of the seminars, NHTSA staff were asked
about the agency's activities related to the BMW K1200LT final drive
failure. As motorcyclists discussed their experience with a final
drive bearing failure, NHTSA heard from many owners that a pre-ride
check (as recommended by the Motorcycle Safety Foundation in its
Basic Rider Course) would reveal if a bearing failure was imminent.
If either rear wheel looseness and/or oil weeping from the ball
bearing seal are noted, the bearing should be replaced before total
failure occurs. Those who had experienced a final drive failure
maintained that a loss of control could occur, but without
exception, a loss of control was not reported.
5.4 BMW's Early Warning Reporting (EWR) Data
Since 2003, vehicle manufacturers have been required to provide
EWR data to NHTSA on a quarterly basis. This data includes reports
of incidents involving death(s) or injury(ies) and field reports. A
comprehensive search of the BMW EWR data failed to identify any
reports involving a K1200LT final drive failure.
5.4 NHTSA's Consumer Complaint Database
As of October 31, 2012, consumers have filed 122 reports with
NHTSA involving BMW K1200LT motorcycles (with distinct vehicle
identification numbers) alleging final drive failures. These reports
were identified by searching NHTSA's database for all BMW complaints
(cars and motorcycles) and manually reviewing them for relevance. In
this way, NHTSA staff avoided searching too narrowly and identified
all potential complaints. Complaints that either mentioned a final
drive failure (even if the bearing wasn't identified) or described
an event appearing consistent with a final drive failure were
counted. In those instances where multiple failures were alleged,
only the ``first'' failure was counted. Duplicative reports were not
counted. Likewise NHTSA staff did not count those reports filed by
K1200LT owners simply expressing a ``concern'' that their final
drive might fail.
The following tables represent the complaint data received by
NHTSA sorted by report year, vehicle model year, and incident year.
By report year, NHTSA found the following data in its database:
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Complaint
Report year count Crashes
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2002.......................................... 12 0
2003.......................................... 27 0
2004.......................................... 13 0
2005.......................................... 9 0
[[Page 35097]]
2006.......................................... 12 0
2007.......................................... 8 0
2008.......................................... 8 0
2009.......................................... 8 0
2010.......................................... 2 0
2011.......................................... 2 0
2012.......................................... 21 0
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Total..................................... 122 0
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By model year, NHTSA found the following data in its database:
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Complaint
Model year count Crashes
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1999.......................................... 39 0
2000.......................................... 34 0
2001.......................................... 16 0
2002.......................................... 16 0
2003.......................................... 9 0
2004.......................................... 0 0
2005.......................................... 4 0
2006.......................................... 0 0
2007.......................................... 1 0
2008.......................................... 3 0
2009.......................................... 0 0
2010.......................................... 0 0
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Total..................................... 122 0
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By incident year, NHTSA found the following data in its
database:
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Complaint
Incident year count Crashes
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1999.......................................... 1 0
2000.......................................... 1 0
2001.......................................... 6 0
2002.......................................... 12 0
2003.......................................... 22 0
2004.......................................... 14 0
2005.......................................... 10 0
2006.......................................... 14 0
2007.......................................... 6 0
2008.......................................... 8 0
2009.......................................... 10 0
2010.......................................... 6 0
2011.......................................... 6 0
2012.......................................... 6 0
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Total..................................... 122 0
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5.4.1 The Petitioner's Complaint
On December 6, 2011, NHTSA received a letter (dated November 28,
2011) from Mr. Christopher Cimino about his MY 2001 BMW K1200LT
motorcycle. In this letter, Mr. Cimino alleges he experienced two
failures of the final drive ring gear ball bearing on his
motorcycle. Mr. Cimino states that the first failure occurred in
December, 2008 at 59,310 miles and that he paid Engle Motors of
Kansas City (a BMW dealer) approximately $400 to repair the
motorcycle.\5\ Mr. Cimino further reports that his K1200LT sustained
a second alleged final drive crown gear bearing failure on October
21, 2011 at 75,994 miles. Mr. Cimino states that he had the
motorcycle repaired the second time by Coast Riders Powersports in
San Luis Obispo, CA (an independent motorcycle shop).
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\5\ Owners report a final drive repair or replacement cost
averaging approximately $1,400.
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Through subsequent contact with Mr. Cimino, the agency learned
that he had ridden his BMW K1200LT in multiple ``Iron Butt'' rallies
(www.ironbutt.com) and on the Barber race track at a Reg Pridmore
CLASS event (www.classrides.com).
As with many K1200LT owners, Mr. Cimino claims that a crown gear
bearing failure results in a condition that poses a risk to rider
safety. Mr. Cimino also believes that if not for his ample riding
experience, he would have lost control of his motorcycle and a crash
would have occurred following the crown gear bearing failures he
experienced on his motorcycle.
5.4.2 Calendar Year 2012 Complaints To NHTSA
On February 3, 2012, a posting by Mr. Cimino appeared on a
number of motorcycle-related internet forums.\6\ Within three hours,
NHTSA received the first of 21 ``new'' complaints for BMW K1200LT
final drive bearing failures. This count exceeded the number of
final drive bearing failure complaints NHTSA had received in the
previous 13 months.\7\
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\6\ For an example, see http://www.advrider.com/forums/showthread.php?t=761531.
\7\ From January 1, 2011 to February 3, 2012, the agency
received two relevant reports . . . one was from Mr. Cimino.
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Below is a listing of the 21 complaints NHTSA received following
Mr. Cimino's internet forum posting:
[[Page 35098]]
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Failure
Incident dte Recv'd dte Model yr mileage Crash
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6/21/11.................................... 2/3/12 2003 143740 N
7/21/10.................................... 2/3/12 2001 87000 N
3/14/11.................................... 2/4/12 2002 58000 N
4/10/10.................................... 2/4/12 2002 76244 N
12/6/08.................................... 2/6/12 2003 30876 N
7/10/10.................................... 2/8/12 2003 35116 N
5/18/10.................................... 2/8/12 2000 38696 N
2/1/12..................................... 2/15/12 1999 Unk N
2/2/06..................................... 2/21/12 1999 Unk N
6/17/11.................................... 2/24/12 1999 46000 N
2/25/12.................................... 3/5/12 2008 42000 N
6/15/09.................................... 3/13/12 2001 45151 N
7/15/11.................................... 5/3/12 2005 23200 N
5/3/12..................................... 5/9/12 2000 87822 N
4/8/10..................................... 6/7/12 2002 57010 N
7/17/09.................................... 6/29/12 1999 20500 N
5/1/09..................................... 7/5/12 2003 31555 N
8/24/12.................................... 8/29/12 2000 37550 N
9/24/04.................................... 9/6/12 1999 37290 N
5/15/12.................................... 10/11/12 1999 42000 N
4/15/12.................................... 10/22/12 2000 11500 N
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6.0 NHTSA Analysis
In assessing the petitioner's claim that a failure of the final
drive crown gear ball bearing unreasonably subjects BMW K1200LT
operators to a ``potential loss of [vehicle] control, possible
crash, injury and, if left unaddressed, eventual fatality,'' the
agency reviewed consumer complaints filed with NHTSA as well as
those posted on internet forums.
When NHTSA became aware of the alleged defect in 2003, the
initial assessment was that, while final drive bearing failures
posed a customer satisfaction issue for BMW, the crash risk was
minimal. The subsequent nine years of subject motorcycle exposure
without a crash reported appear to validate NHTSA's initial
assessment. While the agency understands riders' concerns that a
final drive bearing failure may result in a crash, NHTSA has not
identified a single crash due to such a failure. NHTSA has found
that when a bearing failure does occur on a K1200LT (even in those
instances where the rider claims it was sudden and unforeseen),
riders are able to bring their motorcycle to a safe stop.
7.0 Conclusion
Based on the foregoing analysis, it is unlikely that NHTSA would
issue an order to recall and remedy the alleged defect. In view of
that conclusion, the petition by Mr. Cimino is denied.
[FR Doc. 2013-13779 Filed 6-10-13; 8:45 am]
BILLING CODE 4910-59-P