[Federal Register Volume 85, Number 39 (Thursday, February 27, 2020)]
[Notices]
[Pages 11447-11449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03959]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2018-0105; Notice 1]


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

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

ACTION: Receipt of petition.

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SUMMARY: BMW of North America, LLC (BMW), a subsidiary of BMW AG, has 
determined that certain model year (MY) 2019 BMW F750 GS and F850 GS 
motorcycles do not fully comply with Federal Motor Vehicle Safety 
Standard (FMVSS) No. 205, Glazing Materials. BMW filed a noncompliance 
report dated October 19, 2018. BMW subsequently petitioned NHTSA on 
October 29, 2018, for a decision that the subject noncompliance is 
inconsequential as it relates to motor vehicle safety.

DATES: The closing date for comments on the petition is March 30, 2020.

ADDRESSES: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket number and notice number cited in the title of this notice and 
may be submitted by any of the following methods:
     Mail: Send comments by mail addressed to the U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590.
     Hand Delivery: Deliver comments by hand to the U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. 
except for Federal Holidays.

[[Page 11448]]

     Electronically: Submit comments electronically by logging 
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting 
comments.
     Comments may also be faxed to (202) 493-2251.
    Comments must be written in the English language, and be no greater 
than 15 pages in length, although there is no limit to the length of 
necessary attachments to the comments. If comments are submitted in 
hard copy form, please ensure that two copies are provided. If you wish 
to receive confirmation that comments you have submitted by mail were 
received, please enclose a stamped, self-addressed postcard with the 
comments. Note that all comments received will be posted without change 
to https://www.regulations.gov, including any personal information 
provided.
    All comments and supporting materials received before the close of 
business on the closing date indicated above will be filed in the 
docket and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will 
also be published in the Federal Register pursuant to the authority 
indicated at the end of this notice.
    All comments, background documentation, and supporting materials 
submitted to the docket may be viewed by anyone at the address and 
times given above. The documents may also be viewed on the internet at 
https://www.regulations.gov by following the online instructions for 
accessing the dockets. The docket ID number for this petition is shown 
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a 
Federal Register notice published on April 11, 2000 (65 FR 19477-78).

SUPPLEMENTARY INFORMATION: 
    I. Overview: BMW has determined that certain MY 2019 BMW F750 GS 
and F850 GS motorcycles do not fully comply with paragraph S6.3 of 
FMVSS No. 205, Glazing Materials (49 CFR 571.205). BMW filed a 
noncompliance report dated October 19, 2018, pursuant to 49 CFR part 
573, Defect and Noncompliance Responsibility and Reports. BMW 
subsequently petitioned NHTSA on October 29, 2018, 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.
    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 exercises of judgment concerning the merits of the petition.
    II. Vehicles Involved: Approximately 604 MY 2019 BMW F750 GS and 
F850 GS motorcycles, manufactured between June 21, 2018, and September 
19, 2018, are potentially involved.
    III. Noncompliance: BMW explains that the noncompliance is that the 
subject motorcycles are equipped with windscreens that do not comply 
with paragraph S6.3 of FMVSS No. 205. Specifically, the subject 
windscreens were marked with the AS4 marking instead of the AS6 
marking.
    IV. Rule Requirements: Paragraph S6.3 of FMVSS No. 205 includes the 
requirements relevant to this petition. A manufacturer or distributor 
who cuts a section of glazing material to which this standard applies, 
for use in a motor vehicle or camper, must mark that material in 
accordance with section 7 of ANSI/SAE Z26.1-1996 and certify that its 
product complies with this standard in accordance with 49 U.S.C. 30115.
    AS4 certified windscreens are rigid plastic and only for use on 
certain locations, not including motorcycle windscreens and they are 
not subject to a flexibility test, whereas AS6 marked windscreens are 
subject to this test. AS6 certified windscreens are flexible plastic 
and, unlike AS4 certified windscreens, can be used as a motorcycle 
windscreen. Additionally, AS6 certified windscreens are not required to 
be subject to an impact test or an abrasion test, whereas, AS4 
certified windscreens are.
    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. FMVSS No. 205 Section 2 (Purpose) states, ``The purpose of this 
standard is to reduce injuries resulting from impact to glazing 
surfaces, to ensure a necessary degree of transparency in motor vehicle 
windows for driver visibility, and to minimize the possibility of 
occupants being thrown through the vehicle windows in collisions.''
    2. Potentially affected vehicles conform to all of the FMVSS No. 
205 performance requirements. Therefore, they satisfy the stated 
purpose of FMVSS No. 205 regarding (a) injury reduction, and (b) rider 
visibility.
    3. Potentially affected vehicles conform to all the FMVSS No. 205 
performance requirements. Therefore, there are no safety performance 
implications associated with this potential noncompliance.
    4. BMW has not received any contacts from vehicle owners regarding 
this issue. Therefore, BMW is unaware of any vehicle owners that have 
encountered this issue.
    5. BMW is unaware of any accidents or injuries that may have 
occurred as a result of this issue.
    6. NHTSA has previously granted petitions for inconsequential 
noncompliance regarding FMVSS No. 205 involving marking of window 
glazing. BMW believes that its petition is similar to other 
manufacturers' petitions in which NHTSA has granted approval. Examples 
of similar petitions, in which NHTSA has granted approval, include the 
following:
     Ford Motor Company, 80 FR 11259 (March 2, 2015).
     Ford Motor Company, 78 FR 32531 (May 30, 2013).
     Ford Motor Company, 64 FR 70115 (December 15, 1999).
     General Motors, LLC, 79 FR 23402 (September 25, 2015).
     General Motors, LLC, 70 FR 49973 (August 25, 2005).
     Toyota Motor North America Inc., 68 FR 10307 (March 4, 
2003).
     Fuji Heavy Industries USA, Inc., 78 FR 59088 (September 
25, 2013).
     Mitsubishi Motors North America, Inc., 80 FR 72482 (August 
22, 2015).
     Pilkington North America, Inc., 78 FR 22942 (April 17, 
2003).
     Supreme Corporation, 81 FR 72850 (October 21, 2016).
     Custom Glass Solutions Upper Sandusky Corp., 80 FR 3737 
(January 23, 2015).
    7. Vehicle production has been corrected to conform to FMVSS No. 
205 S6.
    8. BMW also provided a copy of the FMVSS No. 205 Certification 
Report from AIB-Vincotte International N.V.
    BMW's complete petition and all supporting documents are available 
by logging onto the Federal Docket Management System (FDMS) website at: 
https://www.regulations.gov and following the online search 
instructions to locate the docket number listed in the title of this 
notice.
    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

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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, any decision on this petition only applies to the subject 
vehicles that BMW no longer controlled at the time it determined that 
the noncompliance existed. However, any decision on 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. 2020-03959 Filed 2-26-20; 8:45 am]
 BILLING CODE 4910-59-P