80 FR 33337 - McLaren Automotive, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 80, Issue 112 (June 11, 2015)

Page Range		33337-33338
FR Document		2015-14258

McLaren Automotive, Inc. ``McLaren'' has determined that certain MY 2012-2015 McLaren MP4 12-C Spider and Coupe passenger vehicles do not fully comply with paragraph S4.4(c)(2), of Federal Motor Vehicle Safety Standard (FMVSS) No. 138, Tire Pressure Monitoring Systems. McLaren has filed an appropriate report dated February 18, 2014, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports.

Federal Register, Volume 80 Issue 112 (Thursday, June 11, 2015)

[Federal Register Volume 80, Number 112 (Thursday, June 11, 2015)]
[Notices]
[Pages 33337-33338]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-14258]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2014-0035; Notice 1]

McLaren Automotive, Inc., 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: McLaren Automotive, Inc. ``McLaren'' has determined that
certain MY 2012-2015 McLaren MP4 12-C Spider and Coupe passenger
vehicles do not fully comply with paragraph S4.4(c)(2), of Federal
Motor Vehicle Safety Standard (FMVSS) No. 138, Tire Pressure Monitoring
Systems. McLaren has filed an appropriate report dated February 18,
2014, pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports.

DATES: The closing date for comments on the petition is July 13, 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, self-addressed 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. McLaren's Petition

Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule
implementing those provisions at 49 CFR part 556, McLaren 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 McLaren'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 1,366 MY 2012-2015 McLaren MP4 12-C
Spider and Coupe passenger vehicles manufactured from October 10, 2011
through February 18, 2014.

III. Noncompliance

McLaren explains that the Tire Pressure Monitoring System (TPMS)
malfunction indicator illuminates as required by FMVSS No. 138 when a
malfunction is first detected, however, if the malfunction is caused by
an incompatible wheel, when the vehicle ignition is deactivated and
then reactivated to the ``On'' (``Run'') position after a five-minute
period, the malfunction indicator does not re-illuminate immediately as
required. McLaren added, that the malfunction indicator in the subject
vehicles will re-illuminate after a maximum of 40 seconds of driving at
or above 23 mph.

Rule Text

Paragraph S4.4(c)(2) of FMVSS No. 138 requires in pertinent part:

S4.4--TPMS Malfunction.
(c) Combination low tire pressure/TPMS malfunction telltale. The
vehicle meets the requirements of S4.4(a) when equipped with a
combined Low Tire Pressure/TPMS malfunction telltale that:
(2) Flashes for a period of at least 60 seconds but no longer
than 90 seconds upon detection of any condition specified in S4.4(a)
after the ignition locking system is activated to the ``On''
(``Run'') position. After each period of prescribed flashing, the
telltale must remain continuously illuminated as long as a
malfunction exists and the ignition locking system is in the ``On''
(``Run'') position. This flashing and illumination sequence must be
repeated each time the ignition locking system is placed in the
``On'' (``Run'') position until the situation causing the
malfunction has been corrected . . .

V. Summary of McLaren's Analyses

McLaren stated its belief that the subject noncompliance is
inconsequential to motor vehicle safety for the following reasons:

(A) McLaren states that although the noncompliance arises
because the malfunction indicator does not re-illuminate immediately
after the vehicle is restarted, the unit will detect a malfunction
and activate the TPMS malfunction indicator once the vehicle is
moving above 23 mph for a maximum of 40 seconds and will remain
illuminated for the rest of that ignition cycle, and subsequent
ignition cycles. Thus, even in the presence of the noncompliance,
drivers are warned of the malfunction in less than one minute of
driving at or above normal urban speeds. McLaren submits that this
brief pause before the malfunction indicator illuminates is
inconsequential to motor vehicle safety.

[[Page 33338]]

(B) McLaren also states that if the TPMS fails to detect a
compatible sensor, the TPMS indicator on the instrument cluster will
display no value for the tire pressure at the affected wheel(s).
This will also alert the driver to the fact that something is not
functioning properly with the system, pending the illumination of
the malfunction indicator.
(C) McLaren further states that with the exception of the
subject noncompliance, all other aspects of the malfunction
indicator and of the TPMS in general, are compliant with FMVSS No.
138.
(D) McLaren confirms that it has received no customer complaints
about this condition.

McLaren has additionally informed NHTSA that they have corrected
this noncompliance in all vehicles manufactured after February 18,
2014.
In summation, McLaren believes that the described noncompliance of
the subject vehicles is inconsequential to motor vehicle safety, and
that its petition, to exempt McLaren 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 McLaren 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 McLaren
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 Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-14258 Filed 6-10-15; 8:45 am]
BILLING CODE 4910-59-P

33338 Federal Register / Vol. 80, No. 112 / Thursday, June 11, 2015 / Notices

(B) McLaren also states that if the TPMS DEPARTMENT OF THE TREASURY and Herzegovina; Filipa Kljajica Str 6,
fails to detect a compatible sensor, the TPMS Zvornik, Republika Srpska, Bosnia and
indicator on the instrument cluster will Office of Foreign Assets Control Herzegovina; 9/11 Str Zagrebacka,
display no value for the tire pressure at the Belgrade 11000, Serbia; SWIFT/BIC
affected wheel(s). This will also alert the Unblocking of One Entity and One PRSS BA 22 [BALKANS].
driver to the fact that something is not Individual Pursuant to Executive Order OFAC, in consultation with the
functioning properly with the system, 13219, as Amended Department of State, has determined
pending the illumination of the malfunction that circumstances no longer warrant
AGENCY: Office of Foreign Assets
indicator. inclusion of the following individual on
Control, Treasury.
(C) McLaren further states that with the OFAC’s SDN List and that this
exception of the subject noncompliance, all ACTION: Notice.
individual will no longer be covered
other aspects of the malfunction indicator SUMMARY: The U.S. Department of the within the scope of the sanctions set
and of the TPMS in general, are compliant Treasury’s Office of Foreign Assets forth in E.O. 13219, as amended by E.O.
with FMVSS No. 138. Control (OFAC) is publishing the name 13304:
(D) McLaren confirms that it has received of one entity and one individual whose Individual: VRACAR, Milenko, Bosnia
no customer complaints about this condition. and Herzegovina; DOB 15 May 1956;
property and interests in property are
being unblocked pursuant to Executive POB Nisavici, Prijedor, Bosnia-
McLaren has additionally informed Herzegovina (individual) [BALKANS].
NHTSA that they have corrected this Order (E.O.) 13219 of June 26, 2001, as
amended by E.O. 13304 of May 28, The removal of the entity and
noncompliance in all vehicles individual listed above from the SDN
manufactured after February 18, 2014. 2003.
List is effective as of June 11, 2015. All
DATES: The unblocking of property and property and interests in property of
In summation, McLaren believes that
interests in property and the removal of these persons that are in or hereafter
the described noncompliance of the
the entity and individual identified in come within the United States or the
subject vehicles is inconsequential to
this Notice from the List of Specially possession or control of a United States
motor vehicle safety, and that its
Designated Nationals and Blocked person are no longer blocked pursuant
petition, to exempt McLaren from Persons (SDN List) is effective on June
providing recall notification of to E.O. 13219, as amended by E.O.
11, 2015. 13304.
noncompliance as required by 49 U.S.C.
FOR FURTHER INFORMATION CONTACT:
30118 and remedying the recall Dated: June 4, 2015.
Assistant Director, Compliance
noncompliance as required by 49 U.S.C. John E. Smith,
Outreach & Implementation, Office of
30120 should be granted. Acting Director, Office of Foreign Assets
Foreign Assets Control, Department of Control.
NHTSA notes that the statutory the Treasury, Washington, DC 20220,
[FR Doc. 2015–14178 Filed 6–10–15; 8:45 am]
provisions (49 U.S.C. 30118(d) and tel.: 202/622–2490.
BILLING CODE 4810–AL–P
30120(h)) that permit manufacturers to SUPPLEMENTARY INFORMATION:
file petitions for a determination of
Electronic and Facsimile Availability
inconsequentiality allow NHTSA to DEPARTMENT OF THE TREASURY
exempt manufacturers only from the The SDN List and additional
duties found in sections 30118 and information concerning OFAC sanctions Submission for OMB Review;
30120, respectively, to notify owners, programs are available on OFAC’s Web Comment Request
purchasers, and dealers of a defect or site (www.treasury.gov/ofac). Certain
general information pertaining to AGENCY: Department of the Treasury.
noncompliance and to remedy the
OFAC’s sanctions programs is also ACTION: Notice.
defect or noncompliance. Therefore, any
decision on this petition only applies to available via facsimile through a 24-
The Department of the Treasury will
hour fax-on-demand service, tel.: 202/
the subject vehicles that McLaren no submit the following information
622–0077.
longer controlled at the time it collection request to the Office of
determined that the noncompliance Notice of OFAC Actions Management and Budget (OMB) for
existed. However, any decision on this OFAC, in consultation with the review and clearance in accordance
petition does not relieve vehicle Department of State, has determined with the Paperwork Reduction Act of
distributors and dealers of the that circumstances no longer warrant 1995, Public Law 104–13, on or after the
prohibitions on the sale, offer for sale, inclusion of the following entity in the date of publication of this notice.
or introduction or delivery for Annex to E.O. 13219, as amended by DATES: Comments should be received on
introduction into interstate commerce of E.O. 13304, and on OFAC’s SDN List, or before July 13, 2015 to be assured of
the noncompliant vehicles under their and that this entity will no longer be consideration.
control after McLaren notified them that covered within the scope of the ADDRESSES: Send comments regarding
the subject noncompliance existed. sanctions set forth in E.O. 13219, as the burden estimate, or any other aspect
amended by E.O. 13304: of the information collection, including
Authority: 49 U.S.C. 30118, 30120:
Entity: PRIVREDNA BANKA suggestions for reducing the burden, to
Delegations of authority at 49 CFR 1.95 and
SARAJEVO AD (a.k.a. PRIVREDNA (1) Office of Information and Regulatory
501.8.
BANKA AD SRPSKO SARAJEVO), Str Affairs, Office of Management and
mstockstill on DSK4VPTVN1PROD with NOTICES

Jeffrey Giuseppe, Srpskih Ratnika br 14, 71420 Pale, Budget, Attention: Desk Officer for
Director, Office of Vehicle Safety Compliance. Republika Srpska, Bosnia and Treasury, New Executive Office
[FR Doc. 2015–14258 Filed 6–10–15; 8:45 am]
Herzegovina; Dobroslava Jedevica 14, Building, Room 10235, Washington, DC
71000 Pale, Republika Srpska, Bosnia 20503, or email at OIRA_Submission@
BILLING CODE 4910–59–P
and Herzegovina; Kralja Nikole Str 65, OMB.EOP.gov and (2) Treasury PRA
Srbinje/Foca, Republika Srpska, Bosnia Clearance Officer, 1750 Pennsylvania
and Herzegovina; Ljube Milanovica Str Ave. NW., Suite 8140, Washington, DC
12, Trebinje, Republika Srpska, Bosnia 20220, or email at PRA@treasury.gov.

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Document Created: 2015-12-15 15:07:37
Document Modified: 2015-12-15 15:07:37

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Receipt of petition.
Dates		The closing date for comments on the petition is July 13, 2015.
FR Citation		80 FR 33337

80 FR 33337 - McLaren Automotive, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATIONNational Highway Traffic Safety Administration

Federal Register Volume 80, Issue 112 (June 11, 2015)

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration