80 FR 53912 - Maserati S.p.A and Maserati North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 80, Issue 173 (September 8, 2015)
National Highway Traffic Safety Administration
Federal Register Volume 80, Issue 173 (September 8, 2015)
| Page Range | 53912-53913 | |
| FR Document | 2015-22569 |
[Federal Register Volume 80, Number 173 (Tuesday, September 8, 2015)] [Notices] [Pages 53912-53913] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-22569] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2014-0034; Notice 1] Maserati S.p.A and Maserati 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: Maserati S.p.A and Maserati North America, Inc. (collectively referred to as ``MNA'') has determined that certain MY 2011-2014 Maserati passenger vehicles do not fully comply with paragraph S4.4(c)(2), of Federal Motor Vehicle Safety Standard (FMVSS) No. 138, Tire Pressure Monitoring Systems. MNA has filed an appropriate report dated March 3, 2014, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. DATES: The closing date for comments on the petition is October 8, 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 above 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. [[Page 53913]] SUPPLEMENTARY INFORMATION: I. MNA's Petition Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule implementing those provisions at 49 CFR part 556, MNA 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 MNA'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 8,789 MY 2011-2013 Maserati Quattroporte and 2011-2014 Maserati Granturismo/Granturismo Convertible passenger vehicles. III. Noncompliance MNA explains that the noncompliance is that when the vehicle's TPMS detects a missing or inactive wheel sensor the vehicles do not fully comply with paragraph S4.4(c)(2) of FMVSS No. 138 because the malfunction indicator does not always illuminate as required. Specifically, after the car's ignition is switched to the on position, the TPMS immediately seeks to confirm if all wheel sensors are present. If the TPMS then detects a sensor is not present, an internal timer is started. If the sensor detected as missing was also detected as missing during the previous ignition cycle, and the engine is not restarted, then the TPMS malfunction indicator will illuminate as required to indicate a hardware fault is still present. If the engine is then started and left in its steady state (engine not cold) idle, the warning lamp will continue to remain illuminated as required. However, if the car is then driven, the warning lamp will extinguish [in violation of the standard] as the system prepares to confirm that all wheel sensors are fitted to the vehicle. Once the vehicle has been moving above 22 mph for a period of 15 seconds the TPMS will seek to confirm that all wheel sensors are fitted to the vehicle. If the internal timer reaches 160 seconds, and the vehicle has been moving above 22 mph for 15 seconds, the TPMS malfunction indicator will illuminate correctly. Once the malfunction indicator is illuminated, it remains so throughout that ignition cycle, regardless of the vehicle's speed. 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 MNA's Analyses MNA stated its belief that the subject noncompliance is inconsequential to motor vehicle safety for the following reasons: (A) MNA states that the malfunction indicator will illuminate no later than 160 seconds after the vehicle's ignition is switched on, and the car has traveled above 22 mph for at least 15 seconds. (B) MNA also states that if the TPMS fails to detect the wheel sensors, the TPMS will display on the TPMS pressures screen contained within the instrument cluster no value for the tire pressure, indicating that the status of the wheel sensor is unconfirmed. (C) MNA further stated that the primary function of the TPMS is not affected by the noncompliance and the vehicle will operate as intended. Adding, that the noncompliance is confined to one particular aspect of the functionality of an otherwise compliant TPMS malfunction indicator and that all other aspects of the low-pressure monitoring system functionality are fully compliant with the requirements of FMVSS No. 138. Along with this argument, MNA also made mention that on April 8, 2005, NHTSA published a rule where it states ``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.'' (D) MNA says that NHTSA has previously granted petitions for Inconsequential Non-Compliances pertaining to FMVSS No. 138, Tire Pressure Monitoring System (TPMS), in which the monitoring system would not illuminate in the manner required by FMVSS No. 138 due to a software malfunction. (E) MNA is not aware of any customer complaints, field communications, incidents or injuries related to this condition. MNA has additionally informed NHTSA that all unsold vehicles in MNA's custody and control will have a reprogramming of the TPMS Electronic Control Unit prior to sale. In summation, MNA believes that the described noncompliance of the subject vehicles is inconsequential to motor vehicle safety, and that its petition, to exempt MNA 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 MNA 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 MNA 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. 2015-22569 Filed 9-4-15; 8:45 am] BILLING CODE 4910-59-P
![53912 Federal Register / Vol. 80, No. 173 / Tuesday, September 8, 2015 / Notices
implementing rule at 49 CFR part 556), providing recall notification of DATES: The closing date for comments
MMNA submitted a petition for an noncompliance as required by 49 U.S.C. on the petition is October 8, 2015.
exemption from the notification and 30118 and remedying the recall ADDRESSES: Interested persons are
remedy requirements of 49 U.S.C. noncompliance as required by 49 U.S.C. invited to submit written data, views,
Chapter 301 on the basis that this 30120 should be granted. and arguments on this petition.
noncompliance is inconsequential to NHTSA notes that the statutory Comments must refer to the docket and
motor vehicle safety. provisions (49 U.S.C. 30118(d) and notice number cited at the beginning of
This notice of receipt of MMNA’s 30120(h)) that permit manufacturers to this notice and submitted by any of the
petition is published under 49 U.S.C. file petitions for a determination of following methods:
30118 and 30120 and does not represent inconsequentiality allow NHTSA to • Mail: Send comments by mail
any agency decision or other exercise of exempt manufacturers only from the addressed to: U.S. Department of
judgment concerning the merits of the duties found in sections 30118 and Transportation, Docket Operations, M–
petition. 30120, respectively, to notify owners, 30, West Building Ground Floor, Room
II. Vehicles Involved: Affected are purchasers, and dealers of a defect or W12–140, 1200 New Jersey Avenue SE.,
approximately 300 MY 2015 Mitsubishi noncompliance and to remedy the Washington, DC 20590.
Outlander Sport multipurpose defect or noncompliance. Therefore, any • Hand Deliver: Deliver comments by
passenger vehicles manufactured decision on this petition only applies to hand to: U.S. Department of
between December 8, 2014 and the subject vehicles that MMNA no Transportation, Docket Operations, M–
December 22, 2014. longer controlled at the time it 30, West Building Ground Floor, Room
III. Noncompliance: MMNA explains determined that the noncompliance W12–140, 1200 New Jersey Avenue SE.,
that the quarter panel window glazing existed. However, any decision on this Washington, DC 20590. The Docket
installed in the subject vehicles were petition does not relieve vehicle Section is open on weekdays from 10
labeled with the manufacturer’s model distributors and dealers of the a.m. to 5 p.m. except Federal Holidays.
number ‘‘M–66’’, indicating a tempered prohibitions on the sale, offer for sale, • Electronically: Submit comments
glass construction and ‘‘AS2’’, or introduction or delivery for electronically by: logging onto the
incorrectly indicating the glass is introduction into interstate commerce of Federal Docket Management System
relatively transparent (light the noncompliant vehicles under their (FDMS) Web site at http://
transmission of at least 70%). The control after MMNA notified them that www.regulations.gov/. Follow the online
correct manufacturer’s model number, the subject noncompliance existed. instructions for submitting comments.
which should have been affixed to the Authority: (49 U.S.C. 30118, 30120: Comments may also be faxed to (202)
quarter panel glass window, is ‘‘M–131’’ delegations of authority at 49 CFR 1.95 and 493–2251.
(which corresponds to a tempered 501.8) Comments must be written in the
‘‘privacy’’ glass construction and a light English language, and be no greater than
transmission of 25%). Jeffrey Giuseppe,
15 pages in length, although there is no
IV. Rule Text: Paragraph S6 of FMVSS Director, Office of Vehicle Safety Compliance.
limit to the length of necessary
No. 205 requires in pertinent part: [FR Doc. 2015–22572 Filed 9–4–15; 8:45 am]
attachments to the comments. If
S6 Tire Markings. Except as specified in BILLING CODE 4910–59–P comments are submitted in hard copy
paragraphs, each tire shall be marked on each form, please ensure that two copies are
sidewall with the information specified in provided. If you wish to receive
paragraphs (a) through (j) of this section. . . DEPARTMENT OF TRANSPORTATION confirmation that your comments were
V. Summary of MMNA’s Analyses: National Highway Traffic Safety received, please enclose a stamped, self-
MMNA stated its belief that the subject Administration addressed postcard with the comments.
noncompliance is inconsequential to Note that all comments received will be
motor vehicle safety for the following posted without change to http://
[Docket No. NHTSA–2014–0034; Notice 1] www.regulations.gov, including any
reasons:
(A) MMNA stated that the quarter panel Maserati S.p.A and Maserati North personal information provided.
glass windows otherwise meet all other America, Inc., Receipt of Petition for Documents submitted to a docket may
marking and performance requirements of Decision of Inconsequential be viewed by anyone at the address and
FMVSS No. 205. Noncompliance times given above. The documents may
(B) MMNA believes that because the also be viewed on the Internet at http://
affected glazing fully meets all of the AGENCY: National Highway Traffic www.regulations.gov by following the
applicable performance requirements, the Safety Administration (NHTSA), online instructions for accessing the
absence of the correct ‘‘M’’ number in their Department of Transportation (DOT). dockets. DOT’s complete Privacy Act
monogram has no effect upon the degree of Statement is available for review in the
driver visibility or the possibility of ACTION: Receipt of Petition.
occupants being thrown through the vehicle
Federal Register published on April 11,
windows in a collision. SUMMARY: Maserati S.p.A and Maserati 2000, (65 FR 19477–78).
(C) MMNA stated its belief that NHTSA North America, Inc. (collectively The petition, supporting materials,
has previously granted inconsequential referred to as ‘‘MNA’’) has determined and all comments received before the
noncompliance petitions regarding what it that certain MY 2011–2014 Maserati close of business on the closing date
believes are similar noncompliances. passenger vehicles do not fully comply indicated above will be filed and will be
asabaliauskas on DSK5VPTVN1PROD with NOTICES
(D) MMNA is not aware of any crashes, with paragraph S4.4(c)(2), of Federal considered. All comments and
injuries, customer complaints or field reports Motor Vehicle Safety Standard (FMVSS) supporting materials received after the
associated with this condition. No. 138, Tire Pressure Monitoring closing date will also be filed and will
In summation, MMNA believes that Systems. MNA has filed an appropriate be considered to the extent possible.
the described noncompliance of the report dated March 3, 2014, pursuant to When the petition is granted or denied,
subject vehicles is inconsequential to 49 CFR part 573, Defect and notice of the decision will be published
motor vehicle safety, and that its Noncompliance Responsibility and in the Federal Register pursuant to the
petition, to exempt MMNA from Reports. authority indicated below.
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![Federal Register / Vol. 80, No. 173 / Tuesday, September 8, 2015 / Notices 53913
SUPPLEMENTARY INFORMATION: Rule Text: Paragraph S4.4(c)(2) of Pressure Monitoring System (TPMS), in
FMVSS No. 138 requires in pertinent which the monitoring system would not
I. MNA’s Petition
part: illuminate in the manner required by
Pursuant to 49 U.S.C. 30118(d) and S4.4 TPMS Malfunction. FMVSS No. 138 due to a software
30120(h) and the rule implementing (c) Combination low tire pressure/ malfunction.
those provisions at 49 CFR part 556, TPMS malfunction telltale. The vehicle
meets the requirements of S4.4(a) when (E) MNA is not aware of any customer
MNA submitted a petition for an
equipped with a combined Low Tire complaints, field communications,
exemption from the notification and
remedy requirements of 49 U.S.C. Pressure/TPMS malfunction telltale incidents or injuries related to this
Chapter 301 on the basis that this that: condition.
noncompliance is inconsequential to (2) Flashes for a period of at least 60 MNA has additionally informed
motor vehicle safety. seconds but no longer than 90 seconds NHTSA that all unsold vehicles in
This notice of receipt of MNA’s upon detection of any condition MNA’s custody and control will have a
petition is published under 49 U.S.C. specified in S4.4(a) after the ignition reprogramming of the TPMS Electronic
30118 and 30120 and does not represent locking system is activated to the ‘‘On’’ Control Unit prior to sale.
any agency decision or other exercise of (‘‘Run’’) position. After each period of
prescribed flashing, the telltale must In summation, MNA believes that the
judgment concerning the merits of the described noncompliance of the subject
petition. remain continuously illuminated as
long as a malfunction exists and the vehicles is inconsequential to motor
II. Vehicles Involved ignition locking system is in the ‘‘On’’ vehicle safety, and that its petition, to
(‘‘Run’’) position. This flashing and exempt MNA from providing recall
Affected are approximately 8,789 MY
illumination sequence must be repeated notification of noncompliance as
2011–2013 Maserati Quattroporte and
each time the ignition locking system is required by 49 U.S.C. 30118 and
2011–2014 Maserati Granturismo/
Granturismo Convertible passenger placed in the ‘‘On’’ (‘‘Run’’) position remedying the recall noncompliance as
vehicles. until the situation causing the required by 49 U.S.C. 30120 should be
malfunction has been corrected . . . granted.
III. Noncompliance
V. Summary of MNA’s Analyses NHTSA notes that the statutory
MNA explains that the MNA stated its belief that the subject provisions (49 U.S.C. 30118(d) and
noncompliance is that when the noncompliance is inconsequential to 30120(h)) that permit manufacturers to
vehicle’s TPMS detects a missing or motor vehicle safety for the following file petitions for a determination of
inactive wheel sensor the vehicles do reasons: inconsequentiality allow NHTSA to
not fully comply with paragraph (A) MNA states that the malfunction exempt manufacturers only from the
S4.4(c)(2) of FMVSS No. 138 because indicator will illuminate no later than duties found in sections 30118 and
the malfunction indicator does not 160 seconds after the vehicle’s ignition 30120, respectively, to notify owners,
always illuminate as required. is switched on, and the car has traveled purchasers, and dealers of a defect or
Specifically, after the car’s ignition is above 22 mph for at least 15 seconds. noncompliance and to remedy the
switched to the on position, the TPMS (B) MNA also states that if the TPMS defect or noncompliance. Therefore, any
immediately seeks to confirm if all fails to detect the wheel sensors, the decision on this petition only applies to
wheel sensors are present. If the TPMS TPMS will display on the TPMS the subject vehicles that MNA no longer
then detects a sensor is not present, an pressures screen contained within the controlled at the time it determined that
internal timer is started. If the sensor instrument cluster no value for the tire the noncompliance existed. However,
detected as missing was also detected as pressure, indicating that the status of any decision on this petition does not
missing during the previous ignition the wheel sensor is unconfirmed. relieve vehicle distributors and dealers
cycle, and the engine is not restarted, (C) MNA further stated that the
then the TPMS malfunction indicator of the prohibitions on the sale, offer for
primary function of the TPMS is not
will illuminate as required to indicate a sale, or introduction or delivery for
affected by the noncompliance and the
hardware fault is still present. If the vehicle will operate as intended. introduction into interstate commerce of
engine is then started and left in its Adding, that the noncompliance is the noncompliant vehicles under their
steady state (engine not cold) idle, the confined to one particular aspect of the control after MNA notified them that the
warning lamp will continue to remain functionality of an otherwise compliant subject noncompliance existed.
illuminated as required. However, if the TPMS malfunction indicator and that all Authority: 49 U.S.C. 30118, 30120:
car is then driven, the warning lamp other aspects of the low-pressure delegations of authority at 49 CFR 1.95 and
will extinguish [in violation of the monitoring system functionality are 501.8.
standard] as the system prepares to fully compliant with the requirements
confirm that all wheel sensors are fitted of FMVSS No. 138. Along with this Jeffrey Giuseppe,
to the vehicle. Once the vehicle has argument, MNA also made mention that Director, Office of Vehicle Safety Compliance.
been moving above 22 mph for a period on April 8, 2005, NHTSA published a [FR Doc. 2015–22569 Filed 9–4–15; 8:45 am]
of 15 seconds the TPMS will seek to rule where it states ‘‘A TPMS BILLING CODE 4910–59–P
confirm that all wheel sensors are fitted malfunction does not itself represent a
to the vehicle. If the internal timer safety risk to vehicle occupants, and we
asabaliauskas on DSK5VPTVN1PROD with NOTICES
reaches 160 seconds, and the vehicle expect that the chances of having a
has been moving above 22 mph for 15 TPMS malfunction and a significantly
seconds, the TPMS malfunction under-inflated tire at the same time are
indicator will illuminate correctly. Once unlikely.’’
the malfunction indicator is (D) MNA says that NHTSA has
illuminated, it remains so throughout previously granted petitions for
that ignition cycle, regardless of the Inconsequential Non-Compliances
vehicle’s speed. pertaining to FMVSS No. 138, Tire
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Document Created: 2018-02-26 10:13:50
Document Modified: 2018-02-26 10:13:50
| 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 October 8, 2015. | |
| FR Citation | 80 FR 53912 |
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