80 FR 34787 - Ferrari North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 80, Issue 116 (June 17, 2015)
National Highway Traffic Safety Administration
Federal Register Volume 80, Issue 116 (June 17, 2015)
| Page Range | 34787-34788 | |
| FR Document | 2015-14779 |
[Federal Register Volume 80, Number 116 (Wednesday, June 17, 2015)] [Notices] [Pages 34787-34788] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-14779] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2014-0094; Notice 1] Ferrari North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. ----------------------------------------------------------------------- SUMMARY: Ferrari North America, Inc. (FNA) has determined that certain model year (MY) 2007-2009 Ferrari F430 passenger cars do not fully comply with paragraph S4.4(c)(2), of Federal Motor Vehicle Safety Standard (FMVSS) No. 138, Tire Pressure Monitoring Systems. FNA has filed an appropriate report dated July 16, 2014, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. DATES: The closing date for comments on the petition is July 17, 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. FNA's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule implementing those provisions at 49 CFR part 556, FNA 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 FNA'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 1,975 MY 2007- 2009 [[Page 34788]] Ferrari F430 passenger cars manufactured from September 1, 2007 through July 29, 2009. III. Noncompliance: FNA 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. FNA added, that the malfunction indicator in the subject vehicles will re-illuminate after a maximum of 40 seconds of driving 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 FNA's Analyses: FNA stated its belief that the subject noncompliance is inconsequential to motor vehicle safety for the following reasons: (A) FNA stated that the TPMS in the subject vehicles generally functions properly to alert the driver to a low tire pressure. Moreover, the TPMS malfunction indicator illuminates as required when a problem is first detected. If, however, there is an incompatible wheel and tire unit, when the vehicle ignition is deactivated and then reactivated after a five-minute period, the malfunction indicator does not re-illuminate immediately as required by FMVSS No. 138. It nevertheless generally will illuminate shortly thereafter, and, in any event, it will illuminate in no more than 40 seconds, even in vehicles containing the noncompliance. Once a vehicle has started and is accelerating above 23 mph for a period of 15 seconds, the TPMS will seek to confirm that the sensors are fitted, the TPMS will detect this within a further period of 15-20 seconds (up to a maximum of 25 seconds), and the TPMS malfunction indicator will correctly illuminate. Once the malfunction indicator is illuminated, it will remain illuminated throughout the ignition cycle, regardless of the vehicle's speed. 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. (B) FNA also stated that if the TPMS fails to detect a compatible sensor, the TPMS monitor will display no value for the tire pressure of the affected wheel(s). The monitor 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) FNA further states that the noncompliance is confined to one particular aspect of the functionality of the otherwise compliant TPMS indicator. All other aspects of the low-pressure monitoring system functionality are fully compliant with the requirements of FMVSS No. 138. (D) FNA is not aware of any customer complaints, field communications, incidents or injuries related to this condition. In summation, FNA believes that the described noncompliance of the subject vehicles is inconsequential to motor vehicle safety, and that its petition, to exempt FNA 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 FNA 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 FNA 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. 2015-14779 Filed 6-16-15; 8:45 am] BILLING CODE 4910-59-P
![Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Notices 34787
of the National Association of State EMS whether the proposed collection of 30, West Building Ground Floor, Room
Officials. This effort developed the first- information is necessary for the W12–140, 1200 New Jersey Avenue SE.,
ever standardized EMS patient care Department’s performance; (b) the Washington, DC 20590. The Docket
reporting mechanism, which would accuracy of the estimated burden; (c) Section is open on weekdays from 10
provide essential information that could ways for the Department to enhance the a.m. to 5 p.m. except Federal Holidays.
lead to improved patient care at local, quality, utility and clarity of the • Electronically: Submit comments
State and national levels. Both the information collection; and (d) ways electronically by: Logging onto the
Senate and House included NEMSIS that the burden could be minimized Federal Docket Management System
language in FY05 NHTSA without reducing the quality of the (FDMS) Web site at http://
Appropriations, directing NHTSA to collected information. The agency will www.regulations.gov/. Follow the online
continue implementation of NEMSIS summarize and/or include your instructions for submitting comments.
and the National EMS Database. comments in the request for OMB’s Comments may also be faxed to (202)
Congress has continued to support clearance of this information collection. 493–2251.
funding for the NEMSIS TAC and the Authority: The Paperwork Reduction Act Comments must be written in the
National EMS Database. The of 1995; 44 U.S.C. Chapter 35, as amended; English language, and be no greater than
information collected in the National and 49 CFR 1:48. 15 pages in length, although there is no
EMS Database will be used to: (1) Better limit to the length of necessary
describe EMS across the country, (2) Jeffrey P. Michael,
attachments to the comments. If
provide information that will help Associate Administrator, Research and comments are submitted in hard copy
NHTSA better understand the serious Program Development.
form, please ensure that two copies are
injuries sustained as a result of motor [FR Doc. 2015–14922 Filed 6–16–15; 8:45 am] provided. If you wish to receive
vehicle crashes, (3) inform the NHTSA BILLING CODE 4910–59–P confirmation that your comments were
Office of EMS on changes in clinical received, please enclose a stamped, self-
practices/protocols, medications and addressed postcard with the comments.
other factors that impact National EMS DEPARTMENT OF TRANSPORTATION Note that all comments received will be
Education Standards, developed by posted without change to http://
NHTSA, (4) support EMS research, and National Highway Traffic Safety
Administration www.regulations.gov, including any
(5) support a comprehensive set of local personal information provided.
and State EMS Performance Measures [Docket No. NHTSA–2014–0094; Notice 1] Documents submitted to a docket may
that are currently under development, be viewed by anyone at the address and
with support of NHTSA. Ferrari North America, Inc., Receipt of times given above. The documents may
The National EMS Database is Petition for Decision of also be viewed on the Internet at http://
populated by collecting data from State Inconsequential Noncompliance www.regulations.gov by following the
EMS databases. State EMS databases are AGENCY: National Highway Traffic online instructions for accessing the
populated with patient care records Safety Administration (NHTSA), dockets. DOT’s complete Privacy Act
from local or regional EMS agencies. Department of Transportation (DOT). Statement is available for review in the
The most complete report is the local Federal Register published on April 11,
ACTION: Receipt of petition.
EMS electronic patient care report 2000, (65 FR 19477–78).
completed for each EMS response. A SUMMARY: Ferrari North America, Inc. The petition, supporting materials,
subset of each the local EMS report is (FNA) has determined that certain and all comments received before the
submitted electronically to the State model year (MY) 2007–2009 Ferrari close of business on the closing date
EMS database and the State EMS office F430 passenger cars do not fully comply indicated below will be filed and will be
electronically transmits a smaller subset with paragraph S4.4(c)(2), of Federal considered. All comments and
of all the local data to the NEMSIS TAC Motor Vehicle Safety Standard (FMVSS) supporting materials received after the
for inclusion in the National EMS No. 138, Tire Pressure Monitoring closing date will also be filed and will
Database. The data at the national level Systems. FNA has filed an appropriate be considered to the extent possible.
contains no personally identifiable report dated July 16, 2014, pursuant to When the petition is granted or denied,
information, and is reported in the 49 CFR part 573, Defect and notice of the decision will be published
aggregate. Noncompliance Responsibility and in the Federal Register pursuant to the
Affected Public: State and territory Reports. authority indicated below.
EMS offices, and, in some cases, EMS
DATES: The closing date for comments SUPPLEMENTARY INFORMATION:
software vendors.
Estimated Number of Respondents: on the petition is July 17, 2015. I. FNA’s Petition: Pursuant to 49
56. ADDRESSES: Interested persons are U.S.C. 30118(d) and 30120(h) and the
Frequency: Through Web services, invited to submit written data, views, rule implementing those provisions at
within a few hours of when the State and arguments on this petition. 49 CFR part 556, FNA submitted a
receives the local record. Comments must refer to the docket and petition for an exemption from the
Number of Responses: Depends on notice number cited at the beginning of notification and remedy requirements of
each State and how many patient calls this notice and submitted by any of the 49 U.S.C. Chapter 301 on the basis that
are responded to. All transmissions are following methods: this noncompliance is inconsequential
• Mail: Send comments by mail to motor vehicle safety.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
machine to machine.
Total Annual Burden: Estimate total addressed to: U.S. Department of This notice of receipt of FNA’s
annual burden to be approximately 12 Transportation, Docket Operations, M– petition is published under 49 U.S.C.
hours per respondent and cumulative 30, West Building Ground Floor, Room 30118 and 30120 and does not represent
total of 672 hours. W12–140, 1200 New Jersey Avenue SE., any agency decision or other exercise of
Form Numbers: No forms. Washington, DC 20590. judgment concerning the merits of the
Public Comments Invited: You are • Hand Deliver: Deliver comments by petition.
asked to comment on any aspect of this hand to: U.S. Department of II. Vehicles Involved: Affected are
information collection, including (a) Transportation, Docket Operations, M– approximately 1,975 MY 2007–2009
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![34788 Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Notices
Ferrari F430 passenger cars TPMS will detect this within a further Authority: (49 U.S.C. 30118, 30120:
manufactured from September 1, 2007 period of 15–20 seconds (up to a delegations of authority at 49 CFR 1.95 and
through July 29, 2009. maximum of 25 seconds), and the TPMS 501.8)
III. Noncompliance: FNA explains malfunction indicator will correctly Jeffrey Giuseppe,
that the Tire Pressure Monitoring illuminate. Once the malfunction Director, Office of Vehicle Safety Compliance.
System (TPMS) malfunction indicator indicator is illuminated, it will remain [FR Doc. 2015–14779 Filed 6–16–15; 8:45 am]
illuminates as required by FMVSS No. illuminated throughout the ignition
BILLING CODE 4910–59–P
138 when a malfunction is first cycle, regardless of the vehicle’s speed.
detected, however, if the malfunction is Thus, even in the presence of the
caused by an incompatible wheel, when noncompliance, drivers are warned of DEPARTMENT OF TRANSPORTATION
the vehicle ignition is deactivated and the malfunction in less than one minute
then reactivated to the ‘‘On’’ (‘‘Run’’) of driving at or above normal urban National Highway Traffic Safety
position after a five-minute period, the speeds. Administration
malfunction indicator does not re- (B) FNA also stated that if the TPMS
illuminate immediately as required. [Docket No. NHTSA–2014–0077; Notice 1]
fails to detect a compatible sensor, the
FNA added, that the malfunction TPMS monitor will display no value for Automobili Lamborghini SpA, Receipt
indicator in the subject vehicles will re- the tire pressure of the affected wheel(s). of Petition for Decision of
illuminate after a maximum of 40 The monitor will also alert the driver to Inconsequential Noncompliance
seconds of driving above 23 mph. the fact that something is not
Rule Text: Paragraph S4.4(c)(2) of functioning properly with the system, AGENCY: National Highway Traffic
FMVSS No. 138 requires in pertinent pending the illumination of the Safety Administration (NHTSA),
part: malfunction indicator. Department of Transportation (DOT).
S4.4 TPMS Malfunction. ACTION: Receipt of Petition.
(C) FNA further states that the
(c) Combination low tire pressure/TPMS
malfunction telltale. The vehicle meets the
noncompliance is confined to one SUMMARY: Automobili Lamborghini SpA
requirements of S4.4(a) when equipped with particular aspect of the functionality of (Lamborghini), has determined that
a combined Low Tire Pressure/TPMS the otherwise compliant TPMS certain model year (MY) 2008–2014
malfunction telltale that: . . . indicator. All other aspects of the low- Lamborghini Aventador, Gallardo and
(2) Flashes for a period of at least 60 pressure monitoring system Muricielago Coupe, Roadster and
seconds but no longer than 90 seconds upon functionality are fully compliant with Spyder model passenger cars do not
detection of any condition specified in the requirements of FMVSS No. 138.
S4.4(a) after the ignition locking system is fully comply with paragraph S4.4(c)(2),
activated to the ‘‘On’’ (‘‘Run’’) position. After (D) FNA is not aware of any customer of Federal Motor Vehicle Safety
each period of prescribed flashing, the complaints, field communications, Standard (FMVSS) No. 138, Tire
telltale must remain continuously incidents or injuries related to this Pressure Monitoring Systems.
illuminated as long as a malfunction exists condition. Lamborghini has filed an appropriate
and the ignition locking system is in the In summation, FNA believes that the report dated May 23, 2014, pursuant to
‘‘On’’ (‘‘Run’’) position. This flashing and 49 CFR part 573, Defect and
described noncompliance of the subject
illumination sequence must be repeated each Noncompliance Responsibility and
time the ignition locking system is placed in vehicles is inconsequential to motor
vehicle safety, and that its petition, to Reports.
the ‘‘On’’ (‘‘Run’’) position until the situation
causing the malfunction has been corrected. exempt FNA from providing recall DATES: The closing date for comments
. . . notification of noncompliance as on the petition is July 17, 2015.
V. Summary of FNA’s Analyses: FNA required by 49 U.S.C. 30118 and ADDRESSES: Interested persons are
stated its belief that the subject remedying the recall noncompliance as invited to submit written data, views,
noncompliance is inconsequential to required by 49 U.S.C. 30120 should be and arguments on this petition.
motor vehicle safety for the following granted. Comments must refer to the docket and
reasons: NHTSA notes that the statutory notice number cited at the beginning of
(A) FNA stated that the TPMS in the provisions (49 U.S.C. 30118(d) and this notice and submitted by any of the
subject vehicles generally functions 30120(h)) that permit manufacturers to following methods:
properly to alert the driver to a low tire file petitions for a determination of • Mail: Send comments by mail
pressure. Moreover, the TPMS inconsequentiality allow NHTSA to addressed to: U.S. Department of
malfunction indicator illuminates as exempt manufacturers only from the Transportation, Docket Operations, M–
required when a problem is first duties found in sections 30118 and 30, West Building Ground Floor, Room
detected. If, however, there is an 30120, respectively, to notify owners, W12–140, 1200 New Jersey Avenue SE.,
incompatible wheel and tire unit, when purchasers, and dealers of a defect or Washington, DC 20590.
the vehicle ignition is deactivated and noncompliance and to remedy the • Hand Deliver: Deliver comments by
then reactivated after a five-minute defect or noncompliance. Therefore, any hand to: U.S. Department of
period, the malfunction indicator does decision on this petition only applies to Transportation, Docket Operations, M–
not re-illuminate immediately as the subject vehicles that FNA no longer 30, West Building Ground Floor, Room
required by FMVSS No. 138. It controlled at the time it determined that W12–140, 1200 New Jersey Avenue SE.,
nevertheless generally will illuminate the noncompliance existed. However, Washington, DC 20590. The Docket
asabaliauskas on DSK5VPTVN1PROD with NOTICES
shortly thereafter, and, in any event, it any decision on this petition does not Section is open on weekdays from 10
will illuminate in no more than 40 relieve vehicle distributors and dealers a.m. to 5 p.m. except Federal Holidays.
seconds, even in vehicles containing the of the prohibitions on the sale, offer for • Electronically: Submit comments
noncompliance. sale, or introduction or delivery for electronically by: Logging onto the
Once a vehicle has started and is introduction into interstate commerce of Federal Docket Management System
accelerating above 23 mph for a period the noncompliant vehicles under their (FDMS) Web site at http://
of 15 seconds, the TPMS will seek to control after FNA notified them that the www.regulations.gov/ Follow the online
confirm that the sensors are fitted, the subject noncompliance existed. instructions for submitting comments.
VerDate Sep<11>2014 18:47 Jun 16, 2015 Jkt 235001 PO 00000 Frm 00183 Fmt 4703 Sfmt 4703 E:\FR\FM\17JNN1.SGM 17JNN1](https://thefederalregister.org/doc/80_FR_34903/page/2.svg)
Document Created: 2015-12-15 14:22:42
Document Modified: 2015-12-15 14:22:42
| 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 17, 2015. | |
| FR Citation | 80 FR 34787 |
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