80 FR 38507 - Aston Martin Lagonda Limited, Receipt of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 80, Issue 128 (July 6, 2015)

Page Range		38507-38508
FR Document		2015-16439

Aston Martin Lagonda Limited (AML) has determined that certain MY 2009-2013 Aston Martin 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. AML has filed an appropriate report dated November 4, 2013, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports.

Federal Register, Volume 80 Issue 128 (Monday, July 6, 2015)

[Federal Register Volume 80, Number 128 (Monday, July 6, 2015)]
[Notices]
[Pages 38507-38508]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-16439]

[[Page 38507]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0139; Notice 1]

Aston Martin Lagonda Limited, 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: Aston Martin Lagonda Limited (AML) has determined that certain
MY 2009-2013 Aston Martin 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. AML has filed an appropriate
report dated November 4, 2013, pursuant to 49 CFR part 573, Defect and
Noncompliance Responsibility and Reports.

DATES: The closing date for comments on the petition is August 5, 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. AML's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) and
the rule implementing those provisions at 49 CFR part 556, AML
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 AML'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 3,282 of the
following AML model passenger cars manufactured from September 2009
through October 2013:

----------------------------------------------------------------------------------------------------------------
Registered Dealer un-
Model AMLNA fleet registered Build range
----------------------------------------------------------------------------------------------------------------
DB9 Coupe......................................... 211 41 10/09-10/13
DB9 Volante....................................... 225 53 10/09-10/13
DBS Coupe......................................... 153 1 10/09-08/12
DBS Volante....................................... 147 1 10/09-08/12
Virage Coupe...................................... 120 0 12/10-08/12
Virage Volante.................................... 156 0 12/10-08/12
V8 Vantage Coupe.................................. 385 54 10/09-10/13
V8 Vantage Roadster............................... 279 56 10/09-10/13
V8 Vantage S Coupe................................ 170 9 06/10-10/13
V8 Vantage S Roadster............................. 122 12 06/10-10/13
Rapide............................................ 671 0 09/09-02/13
Rapide S.......................................... 74 65 01/13-10/13
Vanquish Coupe.................................... 197 80 09/12-10/13
-------------------------------------------------------------
Total......................................... 2,910 372 N/A
----------------------------------------------------------------------------------------------------------------

III. Noncompliance: AML explains that during testing of the TPMS it
was noted that the fitment of an incompatible wheel and tire unit was
correctly detected and the malfunction indicator illuminated as
required by FMVSS No. 138. However, when the vehicle ignition was
deactivated and then reactivated after a five minute period, there was
no immediate re-illumination of the malfunction indicator as required
when the malfunction still exists. Although the malfunction indicator
does not re-illuminate immediately after the vehicle ignition is
reactivated, it does illuminate within 40 seconds after the vehicle
accelerates 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:

[[Page 38508]]

(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 AML's Analyses: AML stated its belief that the
subject noncompliance is inconsequential to motor vehicle safety for
the following reasons:
(A) AML stated that although the malfunction indicator does not re-
illuminate immediately after the vehicle is restarted, it generally
will illuminate shortly thereafter, and in any event it will illuminate
in no more than about 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 the
sensors fitted to the vehicle. If a sensor is not 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 illuminate
correctly. Once the malfunction indicator is illuminated, it will
remain illuminated throughout that ignition cycle, regardless of the
vehicle's speed.
(B) AML also stated that if the TPMS fails to detect the wheel
sensors, the TPMS monitor will display on the TPMS pressures screen
``--'' warning the driver that the status of the wheel sensor is
unconfirmed. Once the vehicle starts moving, the system will then
accurately determine if a sensor is present or not.
(C) AML says that the noncompliance is confined to one particular
aspect of the functionality of the otherwise compliant TPMS malfunction
indicator. All other aspects of the low-pressure monitoring system
functionality are fully compliant with the requirements of FMVSS No.
138.
(D) AML is not aware of any customer complaints, field
communications, incidents or injuries related to this condition.
AML has additionally informed NHTSA that all unsold vehicles in
AML's custody and control will have the TPMS Electronic Control Unit
reprogrammed prior to being sold.
In summation, AML believes that the described noncompliance of the
subject vehicles is inconsequential to motor vehicle safety, and that
its petition, to exempt AML 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 AML 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 AML
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. 2015-16439 Filed 7-2-15; 8:45 am]
BILLING CODE 4910-59-P

38508 Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Notices

(2) Flashes for a period of at least 60 exempt AML from providing recall railroad; abandon or discontinue
seconds but no longer than 90 seconds upon notification of noncompliance as operations over a line of railroad; or
detection of any condition specified in required by 49 U.S.C. 30118 and consolidate their interests through a
S4.4(a) after the ignition locking system is remedying the recall noncompliance as
activated to the ‘‘On’’ (‘‘Run’’) position. After merger or common-control arrangement.
each period of prescribed flashing, the
required by 49 U.S.C. 30120 should be The relevant information collections are
telltale must remain continuously granted. described in more detail below.
illuminated as long as a malfunction exists NHTSA notes that the statutory
provisions (49 U.S.C. 30118(d) and Comments are requested concerning:
and the ignition locking system is in the
‘‘On’’ (‘‘Run’’) position. This flashing and 30120(h)) that permit manufacturers to The accuracy of the Board’s burden
illumination sequence must be repeated each file petitions for a determination of estimates; ways to enhance the quality,
time the ignition locking system is placed in inconsequentiality allow NHTSA to utility, and clarity of the information
the ‘‘On’’ (‘‘Run’’) position until the situation exempt manufacturers only from the collected; ways to minimize the burden
causing the malfunction has been duties found in sections 30118 and of the collection of information on the
corrected. . . . 30120, respectively, to notify owners, respondents, including the use of
V. Summary of AML’s Analyses: AML purchasers, and dealers of a defect or automated collection techniques or
stated its belief that the subject noncompliance and to remedy the other forms of information technology,
noncompliance is inconsequential to defect or noncompliance. Therefore, any when appropriate; and whether the
motor vehicle safety for the following decision on this petition only applies to collection of information is necessary
reasons: the subject vehicles that AML no longer
(A) AML stated that although the for the proper performance of the
controlled at the time it determined that functions of the Board, including
malfunction indicator does not re-
the noncompliance existed. However, whether the collection has practical
illuminate immediately after the vehicle
any decision on this petition does not utility. Submitted comments will be
is restarted, it generally will illuminate
relieve vehicle distributors and dealers summarized and included in the
shortly thereafter, and in any event it
of the prohibitions on the sale, offer for Board’s request for OMB approval.
will illuminate in no more than about
sale, or introduction or delivery for
40 seconds, even in vehicles containing Description of Collections
introduction into interstate commerce of
the noncompliance. Once a vehicle has
the noncompliant vehicles under their
started and is accelerating above 23 mph Title: Statutory Licensing and
control after AML notified them that the
for a period of 15 seconds, the TPMS Consolidation Authority.
subject noncompliance existed.
will seek to confirm the sensors fitted to OMB Control Number: 2140–0023.
the vehicle. If a sensor is not fitted, the Authority: 49 U.S.C. 30118, 30120:
TPMS will detect this within a further delegations of authority at 49 CFR 1.95 and STB Form Number: None.
501.8.
period of 15–20 seconds (up to a Type of Review: Extension without
maximum of 25 seconds) and the TPMS Jeffrey Giuseppe, change.
malfunction indicator will illuminate Director, Office of Vehicle Safety Compliance. Respondents: Rail carriers and non-
correctly. Once the malfunction [FR Doc. 2015–16439 Filed 7–2–15; 8:45 am] carriers seeking statutory licensing or
indicator is illuminated, it will remain BILLING CODE 4910–59–P consolidation authority or an exemption
illuminated throughout that ignition
from filing an application for such
cycle, regardless of the vehicle’s speed.
(B) AML also stated that if the TPMS authority.
DEPARTMENT OF TRANSPORTATION
fails to detect the wheel sensors, the Number of Respondents: 64.1
TPMS monitor will display on the Surface Transportation Board Frequency: On occasion.
TPMS pressures screen ‘‘—’’ warning
the driver that the status of the wheel Information Collection Activities:
Statutory Licensing and Consolidation TABLE—NUMBER OF RESPONSES IN
sensor is unconfirmed. Once the vehicle FY 2011
starts moving, the system will then Authority
accurately determine if a sensor is AGENCY: Surface Transportation Board, Number of filings
present or not. DOT. under 49 U.S.C.
(C) AML says that the noncompliance Type of filing
60-day notice and request for
ACTION: 10901–03 and
is confined to one particular aspect of 11323–26
comments.
the functionality of the otherwise
compliant TPMS malfunction indicator. SUMMARY: As required by the Paperwork Applications .................... 2
All other aspects of the low-pressure Reduction Act of 1995, 44 U.S.C. 3501– Petitions * ........................ 18
monitoring system functionality are 3519 (PRA), the Surface Transportation Notices * .......................... 103
fully compliant with the requirements Board (STB or Board) gives notice of its * Under § 10502, petitions for exemption and
of FMVSS No. 138. intent to seek from the Office of notices of exemption are permitted in lieu of
(D) AML is not aware of any customer Management and Budget (OMB) an an application.
complaints, field communications, extension of approval for the
Total Burden Hours (annually
incidents or injuries related to this information collections required from
condition. those seeking licensing authority under including all respondents): 4,049 hours
AML has additionally informed 49 U.S.C. 10901–03 and consolidation (sum total of estimated hours per
NHTSA that all unsold vehicles in authority under §§ 11323–26. response × number of responses for each
Lhorne on DSK7TPTVN1PROD with NOTICES

AML’s custody and control will have Under these Title 49 provisions, rail type of filing).
the TPMS Electronic Control Unit carriers and non-carriers are required to
reprogrammed prior to being sold. file an application with the Board, or 1 Approximately 40% of the filings were

In summation, AML believes that the seek an exemption (through petition or additional filings submitted by railroads that had
already submitted filings during the time period.
described noncompliance of the subject notice) from the full application process Therefore, the number of respondents (64) is
vehicles is inconsequential to motor under § 10502, before they may approximately 40% less than the number of filings
vehicle safety, and that its petition, to construct, acquire, or operate a line of (106).

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Document Created: 2015-12-15 13:17:21
Document Modified: 2015-12-15 13:17:21

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 August 5, 2015.
FR Citation		80 FR 38507

80 FR 38507 - Aston Martin Lagonda Limited, Receipt of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATIONNational Highway Traffic Safety Administration

Federal Register Volume 80, Issue 128 (July 6, 2015)

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration