[Federal Register Volume 81, Number 177 (Tuesday, September 13, 2016)]
[Notices]
[Pages 62970-62972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21978]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2014-0118; 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) a subsidiary of BMW AG in 
Munich, Germany, has determined that certain Model year (MY) 2015 BMW 
model X5 xDrive35i and model X5 xDrive35d multipurpose passenger 
vehicles (MPV) do not fully comply with paragraph S4.3.3 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 filed a report dated October 22, 2014, pursuant to 
49 CFR part 573, Defect and Noncompliance Responsibility and Reports. 
BMW then petitioned NHTSA under 49 CFR part 556 requesting a

[[Page 62971]]

decision that the subject noncompliance is inconsequential to motor 
vehicle safety.

ADDRESSES: For further information on this decision contact Stu Seigel, 
Office of Vehicle Safety Compliance, the National Highway Traffic 
Safety Administration (NHTSA), telephone (202) 366-5287, facsimile 
(202) 366-7002.

SUPPLEMENTARY INFORMATION: 
    I. BMW's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see 
implementing rule at 49 CFR part 556), BMW submitted a petition 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 BMW's petition was published, with a 30-day 
public comment period, on April 3, 2015 in the Federal Register (80 FR 
18294). 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-2014-0118.''
    II. Vehicles Involved: Affected are approximately 68 MY 2015 BMW 
model X5 xDrive35i and model X5 xDrive35d MPVs manufactured between 
October 3, 2014 through October 7, 2014.
    III. Noncompliance: BMW explains that the vehicle certification 
labels required by 49 CFR part 567, and some of the tire information 
labels required by FMVSS No. 110, affixed to the subject vehicles show 
that the vehicles were originally equipped with 18-inch tires and rims. 
The vehicles were actually originally equipped with 19-inch tires and 
rims. BMW believes that the noncompliance is that the certification 
label required by 49 CFR part 567, and in some cases the tire 
information labels required by FMVSS No. 110, do not list rim 
information for the tires installed on the vehicles as original 
equipment as required by paragraph S4.3.3 of FMVSS No. 110.
    Rule Text: Paragraph S4.3.3 of FMVSS No. 110 requires in pertinent 
part:

    S4.3.3 Additional labeling information for vehicles other than 
passenger cars. Each vehicle shall show the size designation and, if 
applicable, the type designation of rims (not necessarily those on 
the vehicle) appropriate for the tire appropriate for use on that 
vehicle, including the tire installed as original equipment on the 
vehicle by the vehicle manufacturer, after each GAWR listed on the 
certification label required by Sec.  567.4 or Sec.  567.5 of this 
chapter . . .

    V. Summary of BMW's Analyses: BMW stated its belief that the 
subject noncompliance is inconsequential to motor vehicle safety for 
the following reasons:
    In the case of the subject vehicles with an incorrect Part 567 
certification label but a correct FMVSS No. 110 tire information label, 
BMW states that when a person checks or adjusts the inflation of a tire 
and uses this (correct) FMVSS No. 110 tire information label, the 
person will have the correct inflation pressure available from that 
label. If, however, the person only looks at the certification label, 
or both the certification and tire information labels, BMW states that 
the person may then become unsure of what tires have been installed on 
the vehicle. Should this occur, BMW states that a number of information 
sources and services are available which can be used to determine the 
correct tire size and recommended cold inflation pressure. BMW states 
that these information sources include the tires installed on the 
vehicle which have the tire size information contained on their 
sidewalls, the vehicle's Owner's Manual which contains information 
pertaining to the various tire sizes and tire pressure for use on the 
affected vehicles, and BMW's Roadside Assistance\TM\ program which is 
available 24 hours/day and provides representatives who have 
information on all available tire sizes and specifications for a given 
model and model year of BMW. BMW states its belief that all of the 
above listed sources would lead the driver to obtaining the correct 
recommended cold inflation pressure when attempting to inflate the 
tires mounted on their vehicle.
    For the subject vehicles containing both incorrect 49 CFR part 567 
certification labels' and incorrect FMVSS No. 110 tire information 
labels BMW states that the driver can use the labeling on the sidewall 
of the installed tires, the vehicle's owner's manual, and BMW Roadside 
Assistance\TM\ to determine the recommended cold inflation pressure for 
the tires installed on their vehicle.
    BMW also maintains that if a driver were to use the cold inflation 
pressure shown on the incorrect labels for the 18-inch tires when 
inflating the 19-inch tires, that pressure would be sufficient to 
support vehicle loading. Their calculations using the MY 2015 X5 
xDrive35i for example show that the determined load rating for two 19-
inch tires inflated to the pressure meant for 18-inch tires is 1,572 
kg. Because the front gross axle weight rating (GAWR) is 1,279 kg, BMW 
concludes that the 19-inch tires would be adequately inflated. BMW also 
included calculations to demonstrate that the information on the 
certification labels is correct for the 18-inch tires mounted on the 
subject vehicles.
    BMW states that BMW Customer Relations have not received any 
contact from vehicle owners regarding this issue and, therefore, are 
unaware that any vehicle owner has encountered this issue in the field. 
They state that they are also unaware of any accident or injuries that 
have occurred as a result of this noncompliance.
    BMW has additionally informed NHTSA that it has corrected the 
subject noncompliance.
    In summation, BMW believes that the described noncompliance of the 
subject vehicles is inconsequential to motor vehicle safety, and that 
its petition, to exempt BMW 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.

NHTSA's Decision

    NHTSA's Analysis: The 68 affected vehicles were all originally 
equipped with 19 inch tires but the Part 567 certification label on 
these vehicles incorrectly only lists rim type and size information for 
an 18 inch tire violating the requirements of FMVSS No. 110 section 
S4.3.3., which effectively requires that the rim size on the label be 
appropriate for the tire size installed on the vehicle as original 
equipment. Additionally, for some of the 68 vehicles, the FMVSS No.110 
required vehicle placard lists information for an 18 inch tire, 
including tire size and recommended inflation pressure, when a 19 inch 
tire was originally installed on the vehicle violating FMVSS No.110 
sections S4.3(c) and (d). Section S4.3(c) requires that the placard 
identify the manufacturer recommended cold tire inflation pressure for 
the fitted tires, and section S4.3(d) requires the tire size 
designation for the tires installed at the time of the first purchase.
    For all 68 vehicles where the rim type and size is not provided for 
the originally installed 19 inch tire, the agency believes the vehicle 
owners will not encounter any safety problems if their rims need to be 
replaced. First, in addition to the rim size information that was 
inadvertently not included on the certification label required by 49 
CFR part 567, FMVSS No. 110 requires that the rim size, along with 
other information, be stamped on the rim itself. Also, the tire size 
stamped on the sidewall of the tire indicates the corresponding rim 
diameter.

[[Page 62972]]

Furthermore, BMW mentioned that their owner's manual contains tire 
information and that vehicle owners can contact BMW Roadside 
Assistance, BMW Assist, and BMW Customer Relations for additional 
assistance.
    For the vehicles where the FMVSS No. 110 required vehicle placard 
lists information for an 18 inch tire, including tire size and 
recommended inflation pressure, when a 19 inch tire was originally 
installed on the vehicle, a different analysis needs to be considered. 
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 19 inch tire. If that customer did not notice 
that their vehicle had 19 inch wheels installed they may use the 18 
inch tire inflation values which are less than required for the 19 inch 
tires. If this were the case, calculations show that the 19 inch tire 
load carrying capacities at the 18 inch tire delineated pressures (with 
tire load capacity reduced/divided by a 1.1 reduction factor as 
required in FMVSS No. 110 for passenger car tires used on multi-purpose 
passenger vehicles) is appropriate for the front and rear specified 
GAWR's in all affected vehicle models except for the ``worst case'' 
model with the heaviest GAWR which is the axle rating assigned by BMW 
to the X5xDrive35i 7-seater rear axle. For a 19 inch tire at an 18 inch 
recommended inflation pressure of 33 PSI and 41 PSI front and rear 
axles respectively, a front tire load rating is 810 kg, then, with a 
10% reduction factor results in a value of 736 kg or a total of 1,472 
kg front axle load carrying capacity. This value exceeds all four front 
GAWR values provided by BMW for the four models of vehicles with the 
largest axle rating value of 1334 kg. At 41 psi, the per tire load 
rating equates to 950 kg, then with a 10% reduction factor becomes 864 
kg per tire or 1727 kg rear axle load carrying capacity. The 1727 kg 
value is larger than rear axle GAWR values provided by BMW on three 
models, but not on the fourth model, the 7-seat X5 vehicle which has a 
rear GAWR of 1742 kg. For this model at full load capacity, the tires 
technically, are undersized for the rear axle by 15 kg (1742kg-1727 kg) 
or approximately 33 pounds divided by the two tires resulting in 
approximately 15 pounds per tire. In follow-up discussions with BMW, 
they indicated that only five of the 68 non-compliant vehicles are the 
7-seat model, and agreed that for those five vehicles new corrected 
FMVSS No. 110 vehicle placard labels will be sent to the owners. On 08/
16/2016, BMW confirmed that the respective five owners were contacted 
and new vehicle placards were mailed out.
    NHTSA's Decision: Considering the above analysis, the fact that BMW 
stated they have no reports of accidents or injuries due to this 
noncompliance, and that BMW is providing corrected replacement labels 
to the five owners of the 7-seat model X5 which has tire overload 
potential, NHTSA finds that BMW has met its burden of persuasion that 
the subject FMVSS No. 110 rim and tire size labeling noncompliances on 
the subject vehicles are 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)

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016-21978 Filed 9-12-16; 8:45 am]
 BILLING CODE 4910-59-P