Denial of Motor Vehicle Defect Petition, DP26-009

Issuing agencies

Abstract

This notice sets forth the reasons for the denial of defect petition (DP26-009) submitted by Mr. Jason Rund (petitioner) to NHTSA's Administrator. The petition requests NHTSA (the Agency) to initiate a defect investigation to determine if an issue with the rear differential (final drive) assembly of 2022 BMW 540i vehicles is causing the rear wheels to decouple from the drivetrain. Following a technical review of the petition and other information, NHTSA's Office of Defects Investigation (ODI) concluded that that the issues raised do not warrant a defect investigation at this time. Accordingly, the Agency has denied the petition.

Full Text

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<title>Federal Register, Volume 91 Issue 209 (Friday, October 30, 2026)</title>
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[Federal Register Volume 91, Number 209 (Friday, October 30, 2026)]
[Notices]
[Page 68599]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-22125]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2026-2377]


Denial of Motor Vehicle Defect Petition, DP26-009

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

ACTION: Denial of a petition as moot with Recall 26V525.

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SUMMARY: This notice sets forth the reasons for the denial of defect 
petition (DP26-009) submitted by Mr. Jason Rund (petitioner) to NHTSA's 
Administrator. The petition requests NHTSA (the Agency) to initiate a 
defect investigation to determine if an issue with the rear 
differential (final drive) assembly of 2022 BMW 540i vehicles is 
causing the rear wheels to decouple from the drivetrain. Following a 
technical review of the petition and other information, NHTSA's Office 
of Defects Investigation (ODI) concluded that that the issues raised do 
not warrant a defect investigation at this time. Accordingly, the 
Agency has denied the petition.

FOR FURTHER INFORMATION CONTACT: Roy Nelson, Vehicle Defects Division 
D, Office of Defects Investigation, NHTSA, 1200 New Jersey Avenue SE, 
Washington, DC 20590. Telephone: 202-940-7086. Email: 
<a href="/cdn-cgi/l/email-protection#aedcc1d780c0cbc2ddc1c0eecac1da80c9c1d8"><span class="__cf_email__" data-cfemail="e1938e98cf8f848d928e8fa1858e95cf868e97">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Introduction

    Interested persons may petition NHTSA requesting that the Agency 
initiate an investigation to determine whether a motor vehicle or an 
item of replacement equipment does not comply with an applicable motor 
vehicle safety standard or contains a defect that relates to motor 
vehicle safety. 49 U.S.C. 30162(a)(2); 49 CFR 552.1. Upon receipt of a 
properly filed petition, the Agency conducts a technical review of the 
petition, material submitted with the petition and any additional 
information. 49 U.S.C. 30162(a)(2); 49 CFR 552.6. The technical review 
may consist solely of a review of information already in the possession 
of the Agency or it may include the collection of information from a 
motor vehicle manufacturer and/or other sources. After conducting the 
technical review and considering appropriate factors, which may 
include, but are not limited to, the nature of the complaint, 
allocation of Agency resources, Agency priorities, the likelihood of 
uncovering sufficient evidence to establish the existence of a defect, 
and the likelihood of success in any necessary enforcement litigation, 
the Agency will grant or deny the petition. See 49 U.S.C. 30162(a)(2); 
49 CFR 552.8.

Background Information

    On September 1, 2026, The Office of Defects Investigation (ODI) 
received a petition dated August 5, 2026, requesting a defect 
investigation into an alleged defect of the ``rear differential'' on 
the Model Year (MY) 2022 BMW 540i. The petition itself can be reviewed 
at <a href="http://NHTSA.gov">NHTSA.gov</a> under ODI number 11761650.

Summary of Petition

    The petition cites allegations of loss of motive power and 
inability to hold the vehicle stationary, originating from a severed 
drive connection between the driveshaft and the rear wheels.

Office of Defects Investigation Analysis

    On August 12, 2026, BMW filed Safety Recall 26V525 which addresses 
the same condition raised in Petitioner's submission and covers certain 
2022-2026 840i, 840i xDrive, 2021-2023 540i, 540i xDrive, M550i xDrive, 
and 2024-2026 750e xDrive vehicles. The subject of recall 26V525 
addresses progressive wear leading to potential failure of the 
connection between the rear driveshaft and the rear differential. 
Petitioner's Vehicle Identification Number (VIN) falls within BMW's 
recall scope and is subject to BMW's reimbursement program.
    Consequently, Recall 26V525 renders the petition moot. Therefore, 
ODI is denying this petition. The agency reserves the right to take 
additional action if warranted by future circumstances. To review the 
reports cited in the Closing Resume ODI Report Identification Number 
document, go to <a href="http://NHTSA.gov">NHTSA.gov</a>.
    Authority: 49 U.S.C. 30162(d) and 49 CFR part 552; delegation of 
authority at 49 CFR 1.95(a).\1\
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    \1\ The authority to determine whether to approve or deny defect 
petitions under 49 U.S.C. 30162(d) and 49 CFR part 552 has been 
further delegated to the Associate Administrator for Enforcement.

Eileen Sullivan,
Associate Administrator for Enforcement.
[FR Doc. 2026-22125 Filed 10-29-26; 8:45 am]
BILLING CODE 4910-59-P


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