[Federal Register Volume 77, Number 56 (Thursday, March 22, 2012)]
[Notices]
[Pages 16892-16893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6850]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2010-0180; Notice 2]


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

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of Petition Grant.

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SUMMARY: BMW of North America, LLC (BMW) \1\ a subsidiary of BMW AG, 
Munich, Germany, has determined that certain BMW vehicles equipped with 
``run-flat'' tires do not fully comply with paragraphs S4.3(c) and 
S4.3(d) of 49 CFR 571.110, 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 an 
appropriate report, dated November 2, 2010, pursuant to 49 CFR Part 
573, Defect and Noncompliance Responsibility and Reports.
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    \1\ BMW of North America, LLC (BMW) is a vehicle manufacturer 
incorporated under the laws of the state of New Jersey.
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    Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule 
implementing those provisions at 49 CFR part 556, 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.
    Notice of receipt of BMW's petition was published with a 30-day 
public comment period, on March 7, 2011, in the Federal Register (76 FR 
12410). No comments were received. To view the petition and all 
supporting documents log onto the Federal Docket Management System Web 
site at: http://www.regulations.gov/. Then follow the online search 
instructions to locate docket number ``NHTSA-2010-0180.''

FOR FURTHER INFORMATION CONTACT: For further information on this 
decision contact Mr. John Finneran, Office of Vehicle Safety 
Compliance, the National Highway Traffic Safety Administration (NHTSA), 
telephone (202) 366-0645, facsimile (202) 366-5930.
    Summary of BMW's Petition: BMW estimates that approximately 54,200 
vehicles equipped with ``run flat'' tires are affected. The affected 
vehicle models are certain: Model Year 2008-2011 BMW X5 SAV 
multipurpose passenger vehicles, manufactured from February 2, 2008 
through October 26, 2010; Model Year 2008-2011 BMW X6 SAC multipurpose 
passenger vehicles, manufactured from September 19, 2008 through 
October 26, 2010; and 2011 BMW 5-Series, BMW 5-Series Gran Turismo, and 
BMW 7-Series passenger cars, manufactured from September 1, 2010 
through October 26, 2010.
    BMW explains that the noncompliance is that the tire and loading 
information placards on the affected vehicles incorrectly include a 
recommended cold tire inflation pressure and size designation for a 
spare tire. Because the vehicles are equipped with ``run-flat'' tires 
and have no spare tire, the word ``none,'' as required by paragraphs 
S4.3(c) and S4.3(d) is required in place of the spare tire size and the 
associated recommended cold tire inflation pressure.
    BMW argues that this noncompliance is inconsequential to motor 
vehicle safety for the following reasons:
    1. Vehicle owner's are informed via the vehicle Owner's Manual that 
if ``RSC'' is stamped on the sidewall of the tire, then the tire is a 
``run-flat'' tire.
    2. BMW vehicle owners can contact BMW Roadside 
Assistance<SUP>TM</SUP> representatives by telephone 24 hours/day. 
These representatives can provide vehicle owners, on a vehicle model 
and model year basis, with all available tire sizes and specifications 
for the tires originally mounted on their vehicle, including the 
installation of ``run-flat'' tires.
    3. For vehicles equipped with BMW Assist<SUP>TM</SUP>, passengers 
can contact BMW Roadside Assistance<SUP>TM</SUP> representatives 
directly from within the vehicle.\2\
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    \2\ Refer to the BMW petition for specific details on the 
availability of BMW Assist<SUP>TM</SUP>.
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    BMW reported that the noncompliance was brought to their attention 
during inspections of vehicles equipped with ``run-flat'' tires. On 
October 26, 2010, BMW realized that the affected vehicles do not 
conform to FMVSS No. 110.
    BMW has additionally informed NHTSA that it has corrected the 
noncompliance so that all future production vehicles will have 
compliant labels.
    In summation, BMW believes that the described noncompliance of its 
vehicles to meet the requirements of FMVSS No. 110 is inconsequential 
to motor vehicle safety, and that its petition, to exempt 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, and should be granted.
    NHTSA Decision: The agency agrees with BMW that the noncompliance 
is inconsequential to motor vehicle safety. The agency believes that 
the true measure of inconsequentiality to motor vehicle safety in this 
case is that there is no effect of the noncompliances on the 
operational safety of the subject vehicles in which the vehicle tire 
and loading information placards erroneously indicated that a spare 
tire was available when, in fact, ``run flat'' tires were installed in 
lieu of the spare tire.
    In the agency's judgment, this noncompliance to FMVSS No. 110 will 
have an inconsequential effect on motor vehicle safety because:
    In the event of a flat with a ``run flat'' tire, the vehicle 
operator can continue to operate the vehicle. Instructions concerning 
the safe operation of a vehicle with a flat ``run flat'' tire are 
available from the vehicle owner's manual as well as BMW Roadside 
<SUP>TM</SUP>.
    Additionally, all information required for maintaining and/or 
replacing the front and rear tires (i.e., tire size designations and 
their respective cold tire inflation pressures), as well as the seating 
capacity and vehicle capacity weight are correct on the tire and 
loading information placard on the subject vehicles.
    In consideration of the foregoing, NHTSA has decided that BMW has 
met its burden of persuasion that the subject FMVSS No. 110 labeling 
noncompliance is inconsequential to motor vehicle safety. Accordingly, 
GM's petition is granted and the petitioner is exempted from the 
obligation of providing notification of, and a remedy for, the subject 
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, these provisions 
only apply to the 54,200 \3\ vehicles that have already

[[Page 16893]]

passed from the manufacturer to an owner, purchaser, or dealer.
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    \3\ BMW's petition, which was filed under 49 CFR part 556, 
requests an agency decision to exempt BMW as a manufacturer from the 
notification and recall responsibilities of 49 CFR part 573 for 
54,200 of the affected vehicles. However, granting this petition 
does relieve distributors and dealers of the prohibitions on the 
sale, offer for sale, or introduction or delivery for introduction 
into interstate commerce of the noncompliant tires under their 
control after BMW notified them that the subject noncompliance 
existed.

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

    Issued on: March 16, 2012.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2012-6850 Filed 3-21-12; 8:45 am]
BILLING CODE 4910-59-P