80_FR_36524 80 FR 36403 - Tesla Motors, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance

80 FR 36403 - Tesla Motors, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 80, Issue 121 (June 24, 2015)

Page Range36403-36404
FR Document2015-15424

Tesla Motors, Inc. (Tesla) has determined that certain model year (MY) 2008 Roadster 1.5 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. TESLA has filed an appropriate report dated August 1, 2014, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports.

Federal Register, Volume 80 Issue 121 (Wednesday, June 24, 2015) 
[Federal Register Volume 80, Number 121 (Wednesday, June 24, 2015)]
[Notices]
[Pages 36403-36404]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15424]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2014-0096; Notice 1]


Tesla Motors, 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: Tesla Motors, Inc. (Tesla) has determined that certain model 
year (MY) 2008 Roadster 1.5 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. TESLA has filed an 
appropriate report dated August 1, 2014, pursuant to 49 CFR part 573, 
Defect and Noncompliance Responsibility and Reports.

DATES: The closing date for comments on the petition is July 24, 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. Tesla's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) 
and the rule implementing those provisions at 49 CFR part 556, Tesla 
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 Tesla'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 542 MY 2008 
Roadster 1.5 passenger cars manufactured from February 1, 2008 through 
October 29, 2009.
    III. Noncompliance: Tesla explains that if a fault is detected in a 
sensor, because the sensor is faulty, missing or unapproved, the Tire 
Pressure Monitoring System (TPMS) malfunction telltale will flash for 
60 to 90 seconds and then remain continuously illuminated as required 
by FMVSS No. 138. However, the TPMS malfunction telltale fails to 
operate properly when a faulty, missing or unapproved sensor is 
detected and then the vehicle's ignition is cycled off and back on. In 
this situation, the malfunction telltale in the

[[Page 36404]]

subject vehicles does not re-illuminate immediately as required when 
the ignition locking system is re-activated. Instead, the affected 
vehicles must reach a speed between 20 mph and 25 mph for a maximum 
period of at least 90 seconds before the TPMS malfunction telltale re-
illuminates.
    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 Tesla's Analyses: Tesla stated its belief that the 
subject noncompliance is inconsequential to motor vehicle safety for 
the following reasons:
    (A) Tesla states that they provide warnings and alerts in several 
ways above and beyond the minimal requirements of the regulations. 
Specifically, the TPMS on the subject vehicles automatically checks the 
wheel sensors fitted on the vehicle. The TPMS then checks the tire 
pressure from each sensor and that the check system for tire pressure 
occurs prior to the vehicle moving. The TPMS detects one or more new 
sensors (meaning different from those calibrated by the TPMS during the 
vehicles last ignition cycle), the TPMS will automatically ``learn'' 
the new sensors. After calibration, the TPMS will again review all four 
tires for any low pressure situation.
    If a low pressure situation occurs in one or more of the four tires 
on the vehicle, the system will continuously illuminate the combined 
low pressure/malfunction indicator lamp (MIL), thus providing the 
driver a timely warning of low tire pressure. In addition, the subject 
vehicles are also equipped with an auxiliary screen that provides 
additional warnings and information regarding a low pressure condition. 
When one or more of the four tires have a detected low tire pressure 
condition, the auxiliary screen in the lower portion of the center 
console area will automatically display an alert screen alerting the 
driver to a low tire pressure condition. In addition, the auxiliary 
screen will also display a diagram of the vehicle and note the tire at 
issue in a conspicuous manner. The system's auxiliary screen will also 
show the condition of all remaining tires. Information regarding the 
status of the tire pressures is available to the driver through a menu 
on this auxiliary screen at any time, even if the tires are properly 
inflated. This type of detailed information and multiple alerts ensures 
the drivers are well informed of a potential low tire pressure 
condition.
    (B) Tesla also states that the TPMS only fails to operate properly 
when a faulty, missing or non-approved sensor is detected and the 
ignition is cycled. Specifically, if such a fault is detected, but the 
ignition is then cycled off, then on, the MIL will reset, thus 
requiring the system to re-detect the fault or missing or unapproved 
sensor versus immediately re-illuminating the MIL from the previously 
detected fault. The noncompliance is confined to this one particular 
aspect of TPMS function. All other functions remain in compliance with 
the requirements of FMVSS No. 138.
    (C) Tesla further stated that although the MIL fails to re-
illuminate immediately after a subsequent ignition off/on cycle, the 
TPMS remains functional. As a result, the system will still accurately 
detect the continued presence of a fault in a sensor and illuminate the 
MIL anew. Specifically, after ignition off/on, the TPMS will detect 
anew the faulty, missing or non-approved sensor and the MIL will flash 
for 60-90 seconds before staying on. This will occur no more than 90 
seconds after the vehicle reaches a speed of between 20mph and 25 mph. 
Once illuminated, the MIL will remain on throughout the course of the 
ignition cycle, regardless of further operating speeds or other 
conditions. Moreover, the additional warnings via the ``fault'' display 
in the dashboard, and the auxiliary display warnings will appear anew. 
Clearing the new warning in the auxiliary screen will once again 
require the driver to actively clear the screen. Tesla believes this is 
especially effective in notifying vehicle operators in that the 
reanimation of the center auxiliary screen warning and subsequent 
action required to clear the screen ensures review of the warning by 
the driver.
    (D) Tesla says they have not received any complaints, noted any 
issues, or had any incidents or other issues relating to the failure of 
the TPMS module noncompliance.
    In summation, Tesla believes that the described noncompliance of 
the subject vehicles is inconsequential to motor vehicle safety, and 
that its petition, to exempt Tesla 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 Tesla 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 Tesla 
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. 2015-15424 Filed 6-23-15; 8:45 am]
 BILLING CODE 4910-59-P

Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Notices 36403 1200 New Jersey Avenue SE., Dated: June 15, 2015. attachments to the comments. If Washington, DC 20590. You may also Thomas M. Hudson, Jr., comments are submitted in hard copy send comments electronically via the Acting Secretary, Maritime Administration. form, please ensure that two copies are Internet at http://www.regulations.gov. [FR Doc. 2015–15440 Filed 6–23–15; 8:45 am] provided. If you wish to receive All comments will become part of this BILLING CODE 4910–81–P confirmation that your comments were docket and will be available for received, please enclose a stamped, self- inspection and copying at the above addressed postcard with the comments. address between 10 a.m. and 5 p.m., DEPARTMENT OF TRANSPORTATION Note that all comments received will be E.T., Monday through Friday, except posted without change to http:// federal holidays. An electronic version National Highway Traffic Safety www.regulations.gov, including any of this document and all documents Administration personal information provided. entered into this docket is available on Documents submitted to a docket may [Docket No. NHTSA–2014–0096; Notice 1] the World Wide Web at http:// be viewed by anyone at the address and www.regulations.gov. Tesla Motors, Inc., Receipt of Petition times given above. The documents may for Decision of Inconsequential also be viewed on the Internet at http: FOR FURTHER INFORMATION CONTACT: //www.regulations.gov by following the Noncompliance Linda Williams, U.S. Department of online instructions for accessing the Transportation, Maritime AGENCY: National Highway Traffic dockets. DOT’s complete Privacy Act Administration, 1200 New Jersey Safety Administration (NHTSA), Statement is available for review in the Avenue SE., Room W23–453, Department of Transportation (DOT). Federal Register published on April 11, Washington, DC 20590. Telephone 202– ACTION: Receipt of Petition. 2000, (65 FR 19477–78). 366–0903, Email Linda.Williams@ The petition, supporting materials, dot.gov. SUMMARY: Tesla Motors, Inc. (Tesla) has and all comments received before the determined that certain model year close of business on the closing date SUPPLEMENTARY INFORMATION: As (MY) 2008 Roadster 1.5 passenger cars indicated below will be filed and will be described by the applicant the intended do not fully comply with paragraph considered. All comments and service of the vessel GABRA is: S4.4(c)(2), of Federal Motor Vehicle supporting materials received after the Intended Commercial Use of Vessel: Safety Standard (FMVSS) No. 138, Tire closing date will also be filed and will ‘‘Taking up to 6 passengers for daily Pressure Monitoring Systems. TESLA be considered to the extent possible. sailing charters.’’ has filed an appropriate report dated When the petition is granted or denied, Geographic Region: ‘‘Puerto Rico.’’ August 1, 2014, pursuant to 49 CFR part notice of the decision will be published 573, Defect and Noncompliance in the Federal Register pursuant to the The complete application is given in Responsibility and Reports. authority indicated below. DOT docket MARAD–2015–0077 at DATES: The closing date for comments SUPPLEMENTARY INFORMATION: http://www.regulations.gov. Interested on the petition is July 24, 2015. I. Tesla’s Petition: Pursuant to 49 parties may comment on the effect this action may have on U.S. vessel builders ADDRESSES: Interested persons are U.S.C. 30118(d) and 30120(h) and the or businesses in the U.S. that use U.S.- invited to submit written data, views, rule implementing those provisions at flag vessels. If MARAD determines, in and arguments on this petition. 49 CFR part 556, Tesla submitted a accordance with 46 U.S.C. 12121 and Comments must refer to the docket and petition for an exemption from the MARAD’s regulations at 46 CFR part notice number cited at the beginning of notification and remedy requirements of 388, that the issuance of the waiver will this notice and submitted by any of the 49 U.S.C. Chapter 301 on the basis that have an unduly adverse effect on a U.S.- following methods: this noncompliance is inconsequential vessel builder or a business that uses • Mail: Send comments by mail to motor vehicle safety. U.S.-flag vessels in that business, a addressed to: U.S. Department of This notice of receipt of Tesla’s waiver will not be granted. Comments Transportation, Docket Operations, M– petition is published under 49 U.S.C. should refer to the docket number of 30, West Building Ground Floor, Room 30118 and 30120 and does not represent this notice and the vessel name in order W12–140, 1200 New Jersey Avenue SE., any agency decision or other exercise of for MARAD to properly consider the Washington, DC 20590. judgment concerning the merits of the comments. Comments should also state • Hand Deliver: Deliver comments by petition. the commenter’s interest in the waiver hand to: U.S. Department of II. Vehicles Involved: Affected are application, and address the waiver Transportation, Docket Operations, M– approximately 542 MY 2008 Roadster criteria given in § 388.4 of MARAD’s 30, West Building Ground Floor, Room 1.5 passenger cars manufactured from regulations at 46 CFR part 388. W12–140, 1200 New Jersey Avenue SE., February 1, 2008 through October 29, Washington, DC 20590. The Docket 2009. Privacy Act Section is open on weekdays from 10 III. Noncompliance: Tesla explains a.m. to 5 p.m. except Federal Holidays. that if a fault is detected in a sensor, Anyone is able to search the • Electronically: Submit comments because the sensor is faulty, missing or electronic form of all comments electronically by: logging onto the unapproved, the Tire Pressure received into any of our dockets by the Federal Docket Management System Monitoring System (TPMS) malfunction name of the individual submitting the (FDMS) Web site at http:// telltale will flash for 60 to 90 seconds comment (or signing the comment, if www.regulations.gov/. Follow the online and then remain continuously submitted on behalf of an association, tkelley on DSK3SPTVN1PROD with NOTICES instructions for submitting comments. illuminated as required by FMVSS No. business, labor union, etc.). You may Comments may also be faxed to (202) 138. However, the TPMS malfunction review DOT’s complete Privacy Act 493–2251. telltale fails to operate properly when a Statement in the Federal Register Comments must be written in the faulty, missing or unapproved sensor is published on April 11, 2000 (Volume English language, and be no greater than detected and then the vehicle’s ignition 65, Number 70; Pages 19477–78). 15 pages in length, although there is no is cycled off and back on. In this By Order of the Maritime Administrator. limit to the length of necessary situation, the malfunction telltale in the VerDate Sep<11>2014 16:43 Jun 23, 2015 Jkt 235001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\24JNN1.SGM 24JNN1

36404 Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Notices subject vehicles does not re-illuminate automatically display an alert screen In summation, Tesla believes that the immediately as required when the alerting the driver to a low tire pressure described noncompliance of the subject ignition locking system is re-activated. condition. In addition, the auxiliary vehicles is inconsequential to motor Instead, the affected vehicles must reach screen will also display a diagram of the vehicle safety, and that its petition, to a speed between 20 mph and 25 mph for vehicle and note the tire at issue in a exempt Tesla from providing recall a maximum period of at least 90 conspicuous manner. The system’s notification of noncompliance as seconds before the TPMS malfunction auxiliary screen will also show the required by 49 U.S.C. 30118 and telltale re-illuminates. condition of all remaining tires. remedying the recall noncompliance as Rule Text: Paragraph S4.4(c)(2) of Information regarding the status of the required by 49 U.S.C. 30120 should be FMVSS No. 138 requires in pertinent tire pressures is available to the driver granted. part: through a menu on this auxiliary screen NHTSA notes that the statutory S4.4 TPMS Malfunction. at any time, even if the tires are properly provisions (49 U.S.C. 30118(d) and (c) Combination low tire pressure/TPMS inflated. This type of detailed 30120(h)) that permit manufacturers to malfunction telltale. The vehicle meets the information and multiple alerts ensures file petitions for a determination of requirements of S4.4(a) when equipped with the drivers are well informed of a inconsequentiality allow NHTSA to a combined Low Tire Pressure/TPMS potential low tire pressure condition. exempt manufacturers only from the malfunction telltale that: (B) Tesla also states that the TPMS duties found in sections 30118 and (2) Flashes for a period of at least 60 only fails to operate properly when a 30120, respectively, to notify owners, seconds but no longer than 90 seconds upon purchasers, and dealers of a defect or detection of any condition specified in faulty, missing or non-approved sensor S4.4(a) after the ignition locking system is is detected and the ignition is cycled. noncompliance and to remedy the activated to the ‘‘On’’ (‘‘Run’’) position. After Specifically, if such a fault is detected, defect or noncompliance. Therefore, any each period of prescribed flashing, the but the ignition is then cycled off, then decision on this petition only applies to telltale must remain continuously on, the MIL will reset, thus requiring the the subject vehicles that Tesla no longer illuminated as long as a malfunction exists system to re-detect the fault or missing controlled at the time it determined that and the ignition locking system is in the or unapproved sensor versus the noncompliance existed. However, ‘‘On’’ (‘‘Run’’) position. This flashing and immediately re-illuminating the MIL any decision on this petition does not illumination sequence must be repeated from the previously detected fault. The relieve vehicle distributors and dealers each time the ignition locking system is of the prohibitions on the sale, offer for placed in the ‘‘On’’ (‘‘Run’’) position until the noncompliance is confined to this one situation causing the malfunction has been particular aspect of TPMS function. All sale, or introduction or delivery for corrected. . . . other functions remain in compliance introduction into interstate commerce of V. Summary of Tesla’s Analyses: with the requirements of FMVSS No. the noncompliant vehicles under their Tesla stated its belief that the subject 138. control after Tesla notified them that the noncompliance is inconsequential to (C) Tesla further stated that although subject noncompliance existed. motor vehicle safety for the following the MIL fails to re-illuminate Authority: (49 U.S.C. 30118, 30120: reasons: immediately after a subsequent ignition delegations of authority at 49 CFR 1.95 and (A) Tesla states that they provide off/on cycle, the TPMS remains 501.8) warnings and alerts in several ways functional. As a result, the system will Jeffrey Giuseppe, above and beyond the minimal still accurately detect the continued Director, Office of Vehicle Safety Compliance. requirements of the regulations. presence of a fault in a sensor and [FR Doc. 2015–15424 Filed 6–23–15; 8:45 am] Specifically, the TPMS on the subject illuminate the MIL anew. Specifically, after ignition off/on, the TPMS will BILLING CODE 4910–59–P vehicles automatically checks the wheel sensors fitted on the vehicle. The TPMS detect anew the faulty, missing or non- then checks the tire pressure from each approved sensor and the MIL will flash for 60–90 seconds before staying on. DEPARTMENT OF TRANSPORTATION sensor and that the check system for tire pressure occurs prior to the vehicle This will occur no more than 90 National Highway Traffic Safety moving. The TPMS detects one or more seconds after the vehicle reaches a Administration new sensors (meaning different from speed of between 20mph and 25 mph. those calibrated by the TPMS during the Once illuminated, the MIL will remain [Docket No. NHTSA–2014–0120; Notice 1] vehicles last ignition cycle), the TPMS on throughout the course of the ignition cycle, regardless of further operating Notice of Receipt of Petition for will automatically ‘‘learn’’ the new speeds or other conditions. Moreover, Decision That Nonconforming 2008 sensors. After calibration, the TPMS the additional warnings via the ‘‘fault’’ Cadillac Escalade Multipurpose will again review all four tires for any display in the dashboard, and the Vehicles Are Eligible for Importation low pressure situation. If a low pressure situation occurs in auxiliary display warnings will appear AGENCY: National Highway Traffic one or more of the four tires on the anew. Clearing the new warning in the Safety Administration, DOT. vehicle, the system will continuously auxiliary screen will once again require ACTION: Receipt of petition. illuminate the combined low pressure/ the driver to actively clear the screen. malfunction indicator lamp (MIL), thus Tesla believes this is especially effective SUMMARY: This document announces providing the driver a timely warning of in notifying vehicle operators in that the receipt by the National Highway Traffic low tire pressure. In addition, the reanimation of the center auxiliary Safety Administration (NHTSA) of a subject vehicles are also equipped with screen warning and subsequent action petition for a decision that tkelley on DSK3SPTVN1PROD with NOTICES an auxiliary screen that provides required to clear the screen ensures nonconforming 2008 Cadillac Escalade additional warnings and information review of the warning by the driver. multipurpose passenger vehicles (MPV) regarding a low pressure condition. (D) Tesla says they have not received that were not originally manufactured to When one or more of the four tires have any complaints, noted any issues, or comply with all applicable Federal a detected low tire pressure condition, had any incidents or other issues motor vehicle safety standards the auxiliary screen in the lower portion relating to the failure of the TPMS (FMVSS), are eligible for importation of the center console area will module noncompliance. into the United States because they are VerDate Sep<11>2014 16:43 Jun 23, 2015 Jkt 235001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\24JNN1.SGM 24JNN1


Document Created: 2015-12-15 14:09:12
Document Modified: 2015-12-15 14:09:12
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionReceipt of Petition.
DatesThe closing date for comments on the petition is July 24, 2015.
FR Citation80 FR 36403 
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