18294 Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Notices 

Public Comments Invited: You are 

asked to comment on any aspect of this 

information collection, including: (1) 

Whether the proposed collection is 

necessary for the performance of 

FMCSA’s functions; (2) the accuracy of 

the estimated burden; (3) ways for the 

FMCSA to enhance the quality, 

usefulness, and clarity of the collected 

information; and (4) ways that the 

burden could be minimized without 

reducing the quality of the information 

collected. The Agency will summarize 

or include your comments in the request 

for OMB’s clearance of this ICR. 

Issued under the authority of 49 CFR 1.87 

on: March 26, 2015. 

G. Kelly Regal, 

Associate Administrator for Office of 

Research and Information Technology and 

Chief Information Officer. 

[FR Doc. 2015–07676 Filed 4–2–15; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2014–0118; 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. 

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 

has filed an appropriate report dated 

October 22, 2014, pursuant to 49 CFR 

part 573, Defect and Noncompliance 

Responsibility and Reports. 

DATES: The closing date for comments 

on the petition is May 4, 2015. 

ADDRESSES: 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 submitted by any of the 

following methods: 

• Mail: Send comments by mail 

addressed to: 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 Deliver: Deliver comments by 

hand to: 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 Federal Holidays. 

• Electronically: Submit comments 

electronically by: Logging onto the 

Federal Docket Management System 

(FDMS) Web site at http://

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 your comments were 

received, please enclose a stamped, selfaddressed postcard with the comments. 

Note that all comments received will be 

posted without change to http://

www.regulations.gov, including any 

personal information provided. 

Documents submitted to a docket may 

be viewed by anyone at the address and 

times given above. The documents may 

also be viewed on the Internet at 

http://www.regulations.gov by following 

the online instructions for accessing the 

dockets. DOT’s complete Privacy Act 

Statement is available for review in the 

Federal Register published on April 11, 

2000, (65 FR 19477–78). 

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. 

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. 

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. 

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 vehicles were 

originally equipped with 18-inch tires 

and rims. The vehicles were actually 

originally quipped 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 

§ 567.4 or § 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 


asabaliauskas on DSK5VPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Notices 18295 

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 AssistanceTM 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 AssistanceTM 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 for 

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 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, 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. 

Jeffrey M. Giuseppe, 

Director, Office of Vehicle Safety Compliance. 

[FR Doc. 2015–07608 Filed 4–2–15; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2014–0377] 

Agency Information Collection 

Activities; New Information Collection 

Request: Electronic Logging Device 

(ELD) Registration 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, 

FMCSA announces its plan to submit 

the Information Collection Request (ICR) 

described below to the Office of 

Management and Budget (OMB) for its 

review and approval and invites public 

comment on the approval of a new (ICR) 

entitled, Electronic Logging Device 

Registration. This ICR will be used to 

enable providers to register their ELDs 

with FMCSA. 

DATES: Please send your comments by 

May 4, 2015. OMB must receive your 

comments by this date in order to act on 

the ICR. 

ADDRESSES: All comments should 

reference Federal Docket Management 

System (FDMS) Docket Number 

FMCSA–2014–0377. Interested persons 

are invited to submit written comments 

on the proposed information collection 

to the Office of Information and 

Regulatory Affairs, Office of 

Management and Budget. Comments 

should be addressed to the attention of 

the Desk Officer, Department of 

Transportation/Federal Motor Carrier 

Safety Administration, and sent via 

electronic mail to oira_submission@

omb.eop.gov, or faxed to (202) 395– 

6974, or mailed to the Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, 

Docket Library, Room 10102, 725 17th 

Street NW., Washington, DC 20503. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Brian Routhier, Transportation 

Specialist, Technology Division, Office 

of Analysis, Research and Technology, 

Federal Motor Carrier Safety 

Administration, Department of 

Transportation, West Building 6th 

Floor, 1200 New Jersey Avenue SE., 

Washington, DC 20590. Telephone: 

202–366–1225; email brian.routhier@

dot.gov. Office hours are from 9:00 a.m. 

to 5 p.m., Monday through Friday, 

except Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Title: Electronic Logging Device (ELD) 

Registration. 

OMB Control Number: 2126–00XX. 

Type of Request: New Collection. 

Respondents: ELD providers. 

Estimated Number of Respondents: 

22. FMCSA estimates that there will be 

22 respondents, 20 U.S. and 2 foreign 

ELD providers, and that each provider 

will register an average of 4 devices. The 

total of 88 devices (4 devices × 22 

providers) exceeds the number of 

devices that FMCSA is currently aware 

of, but the Agency has opted to use a 

conservatively high count in order to 

avoid under-estimating the burden for 

this ICR. 

Estimated Time per Response: 15 

minutes first year and 7.5 minutes in 

subsequent years. Each provider will 

take an estimated 15 minutes of 

preparation time plus 15 minutes per 

device to complete the initial 

registration, for a total of 75 minutes per 

provider in the first year (15 minutes of 

preparation time + (4 devices per 

provider × 15 minutes per device) = 75 

minutes). In subsequent years, it is 

estimated that registration updates will 

take half the initial time, for a total of 

37.5 minutes per provider (7.5 minutes 

of preparation time + (4 devices per 

provider x 7.5 minutes per device) = 

37.5 minutes). 

Expiration Date: N/A. This is a new 

ICR. 

Frequency of Response: On occasion. 

Estimated Total Annual Burden: 18 

hours [((22 respondents × 75 minutes in 

year 1) + (22 respondents × 37.5 minutes 


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