80 FR 34788 - Automobili Lamborghini SpA, 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 | 34788-34790 | |
| FR Document | 2015-14856 |
[Federal Register Volume 80, Number 116 (Wednesday, June 17, 2015)] [Notices] [Pages 34788-34790] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-14856] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2014-0077; Notice 1] Automobili Lamborghini SpA, Receipt of Petition for Decision of Inconsequential Noncompliance AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of Petition. ----------------------------------------------------------------------- SUMMARY: Automobili Lamborghini SpA (Lamborghini), has determined that certain model year (MY) 2008-2014 Lamborghini Aventador, Gallardo and Muricielago Coupe, Roadster and Spyder model 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. Lamborghini has filed an appropriate report dated May 23, 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. [[Page 34789]] 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. Lamborghini's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule implementing those provisions at 49 CFR part 556, Lamborghini 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 Lamborghini'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 690 MY 2012-2014 Lamborghini Aventador Coupe and Roadster model passenger cars manufactured between July 15, 2011 and May 13, 2014; 456 MY 2008-2010 Lamborghini Muricielago Coupe and Roadster model passenger cars manufactured between April 3, 2007 and April 29, 2010; and 2361 Lamborghini Gallardo Coupe and Spyder model passenger cars manufactured between June 14, 2007 and November 20, 2013, for a total of 3507 vehicles. III. Noncompliance: Lamborghini 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. Lamborghini 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 Lamborghini's Analyses: Lamborghini stated its belief that the subject noncompliance is inconsequential to motor vehicle safety for the following reasons: (A) Lamborghini stated that the primary function of the TPMS is not affected by the subject noncompliance and that the vehicle and system will operate as intended. Specifically, the TPMS system properly monitors the tire pressures and properly notifies the driver if the tire pressure falls below the threshold required by the standard. Lamborghini also stated the noncompliance is confined to one particular aspect of the functionality of the malfunction indicator, which itself is otherwise compliant. (B) Lamborghini mentioned that NHTSA recognized in the TPMS final rule (70 FR 18150, April 8, 2005), ``A TPMS malfunction does not itself represent a safety risk to vehicle occupants, and we expect that the chances of having a TPMS malfunction and a significantly under-inflated tire at the same time are unlikely.'' Lamborghini responded by saying that if a TPMS malfunction is not considered a safety risk, then ipso facto the limited noncompliance of the malfunction indicator in this case does not present an unreasonable risk to safety. (C) Lamborghini stated that if the TPMS fails to detect the wheel sensors, the TPMS will in fact display on the TPMS pressures screen within the instrument cluster a ``no value'' for the tire pressure on the affected tire, indicating that the status of the wheel sensor is unconfirmed. Thus, the driver is still notified of an anomaly. (D) Lamborghini stated that although the malfunction indicator does not re-illuminate immediately after the vehicle is restarted, it will illuminate shortly thereafter, and in any event it will illuminate in no more than approximately 40 seconds. Lamborghini explained that once a vehicle has started and is moving above 23 mph for a period of 15 seconds the TPMS will seek to confirm the sensors fitted to the vehicle. Lamborghini stated that a wheel without a sensor will be detected within an additional 15-25 seconds, the TPMS malfunction indicator will illuminate correctly, and once the malfunction indicator is illuminated it will remain illuminated throughout that ignition cycle, regardless of the vehicle's speed. (E) Lamborghini is not aware of any customer complaints, field communications, incidents or injuries related to this condition. Lamborghini has additionally informed NHTSA that all unsold vehicles in Lamborghini's custody and control will have a reprogramming of the TPMS Electronic Control Unit prior to sale. In summation, Lamborghini believes that the described noncompliance of the subject vehicles is inconsequential to motor vehicle safety, and that its petition, to exempt Lamborghini 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 motor vehicles that Lamborghini no longer controlled at the time it determined that the [[Page 34790]] 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 Lamborghini 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. 2015-14856 Filed 6-16-15; 8:45 am] BILLING CODE 4910-59-P
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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.
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![34790 Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Notices
noncompliance existed. However, any Service (FMS) and the Bureau of Public SUMMARY: The Department of the
decision on this petition does not Debt (BPD) have consolidated to become Treasury, as part of its continuing effort
relieve vehicle distributors and dealers the Bureau of the Fiscal Service (Fiscal to reduce paperwork and respondent
of the prohibitions on the sale, offer for Service). Information collection requests burden, invites the general public and
sale, or introduction or delivery for previously held separately by FMS and other Federal agencies to take this
introduction into interstate commerce of BPD will now be identified by a 1530 opportunity to comment on a proposed
the noncompliant vehicles under their prefix, designating Fiscal Service. and/or continuing information
control after Lamborghini notified them Form Number: FS Form 5135. collection, as required by the Paperwork
that the subject noncompliance existed. Abstract: Awards certificate to Reduction Act of 1995, Public Law 104–
Treasury are paid annually as funds are 13 (44 U.S.C. 3506(c)(2)(A). Currently
Authority: (49 U.S.C. 30118, 30120:
Delegations of authority at 49 CFR 1.95 and
received from foreign governments. the Bureau of the Fiscal Service within
501.8) Vouchers are mailed to award holders the Department of the Treasury is
showing payments due. Award holders soliciting comments concerning Fiscal
Jeffrey Giuseppe, sign vouchers certifying that he/she is Service Form 150.1, Trace Request for
Director, Office of Vehicle Safety Compliance. entitled to payment. Executed vouchers Electronic Funds Transfer (EFT)
[FR Doc. 2015–14856 Filed 6–16–15; 8:45 am] are used as a basis for payment. Payment; and Form 150.2 Trace Request
BILLING CODE 4910–59–P Current Actions: Extension of a Direct Deposit.
currently approved collection.
Type of Review: Regular. DATES: Written comments should be
Affected Public: Business or other for- received on or before August 17, 2015
DEPARTMENT OF THE TREASURY to be assured of consideration.
profit.
Bureau of the Fiscal Service Estimated Number of Respondents: ADDRESSES: Direct all written comments
1,400. and requests for further information to
Proposed Collection of Information: Estimated Time per Respondent: 30 Bureau of the Fiscal Service, Bruce A.
Voucher for Payment of Awards minutes. Sharp, 200 Third Street A4–A,
Estimated Total Annual Burden Parkersburg, WV 26106–1328, or
Notice and request for
ACTION: Hours: 700. bruce.sharp@fiscal.treasury.gov.
comments. Request for Comments: Comments
submitted in response to this notice will FOR FURTHER INFORMATION CONTACT:
SUMMARY: The Department of the be summarized and/or included in the Requests for additional information or
Treasury, as part of its continuing effort request for OMB approval. All copies of the form(s) and instructions
to reduce paperwork and respondent comments will become a matter of should be directed to Kwema Ledbetter,
burden, invites the general public and public record. Comments are invited on: Director, Project Management Division,
other Federal agencies to take this (a) Whether the collection of Room 611B, 3700 East West Highway,
opportunity to comment on a proposed information is necessary for the proper Hyattsville, MD 20782, 202–874–5151
and/or continuing information performance of the functions of the kwema.ledbetter@fiscal.treasury.gov.
collection, as required by the Paperwork agency, including whether the SUPPLEMENTARY INFORMATION:
Reduction Act of 1995, Public Law 104– information shall have practical utility; Titles: Trace Request for Electronic
13 (44 U.S.C. 3506(c)(2)(A). Currently (b) the accuracy of the agency’s estimate Funds Transfer (EFT) Payment; and
the Bureau of the Fiscal Service within of the burden of the collection of Trace Request Direct Deposit.
the Department of the Treasury is information; (c) ways to enhance the OMB Number: 1530–0002 (Previously
soliciting comments concerning the quality, utility, and clarity of the approved as 1510–0045 as a collection
Voucher for Payment of Awards. information to be collected; (d) ways to conducted by Department of the
DATES: Written comments should be minimize the burden of the collection of Treasury/Financial Management
received on or before August 17, 2015 information on respondents, including Service.).
to be assured of consideration. through the use of automated collection Transfer of OMB Control Number: The
ADDRESSES: Direct all written comments techniques or other forms of information Financial Management Service (FMS)
and requests for further information to technology; and (e) estimates of capital and the Bureau of Public Debt (BPD)
Bureau of the Fiscal Service, Bruce A. or start-up costs and costs of operation, have consolidated to become the Bureau
Sharp, 200 Third Street A4–A, maintenance, and purchase of services of the Fiscal Service (Fiscal Service).
Parkersburg, WV 26106–1328, or to provide information. Information collection requests
bruce.sharp@fiscal.treasury.gov. Dated: June 11, 2015. previously held separately by FMS and
FOR FURTHER INFORMATION CONTACT: Bruce A. Sharp, BPD will now be identified by a 1530
Requests for additional information or Bureau Clearance Officer. prefix, designating Fiscal Service.
copies of the form(s) and instructions [FR Doc. 2015–14800 Filed 6–16–15; 8:45 am]
Form Number: FS Form 150.1 and FS
should be directed to Kevin McIntyre, Form 150.2.
BILLING CODE 4810–AS–P
Manager, Judgement Fund Branch, Abstract: These forms are used to
Room 630F, 3700 East West Highway, notify the financial organization that a
Hyattsville, MD 20782, 202–874–1130 DEPARTMENT OF THE TREASURY customer (beneficiary) has claimed non-
kevin.mcintyre@fiscal.treasury.gov. receipt of credit for a payment. The
Bureau of the Fiscal Service forms are designed to help the financial
asabaliauskas on DSK5VPTVN1PROD with NOTICES
SUPPLEMENTARY INFORMATION:
Titles: Voucher for Payment of organization locate any problems and to
Awards. Proposed Collection of Information: keep the customer (beneficiary)
OMB Number: 1530–0012 (Previously Trace Request for Electronic Funds informed of any action taken.
approved as 1510–0037 as a collection Transfer (EFT) Payment; and Trace Current Actions: Extension of a
conducted by Department of the Request Direct Deposit currently approved collection.
Treasury/Financial Management Type of Review: Regular.
Notice and request for
ACTION:
Service.) Transfer of OMB Control Affected Public: Business or other for-
comments.
Number: The Financial Management profit.
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Document Created: 2015-12-15 14:23:12
Document Modified: 2015-12-15 14:23:12
| 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 34788 |
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