80 FR 72484 - Aston Martin Lagonda Limited, Grant of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 80, Issue 223 (November 19, 2015)
National Highway Traffic Safety Administration
Federal Register Volume 80, Issue 223 (November 19, 2015)
| Page Range | 72484-72486 | |
| FR Document | 2015-29474 |
[Federal Register Volume 80, Number 223 (Thursday, November 19, 2015)] [Notices] [Pages 72484-72486] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-29474] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2013-0139; Notice 2] Aston Martin Lagonda Limited, Grant of Petition for Decision of Inconsequential Noncompliance AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Grant of petition. ----------------------------------------------------------------------- SUMMARY: Aston Martin Lagonda Limited (AML) has determined that certain model year (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. ADDRESSES: For further information on this decision contact Kerrin Bressant, Office of Vehicles Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366-1110, facsimile (202) 366-3081. SUPPLEMENTARY INFORMATION: I. Overview: 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- Build [date] Model amlna fleet registered 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....................................................... 2910 372 N/A ---------------------------------------------------------------------------------------------------------------- III. Noncompliance: AML explains that during testing of the tire pressure monitoring system (TPMS) it was noted that the fitment of an incompatible wheel and tire unit was correctly detected and the malfunction indicator telltale 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 telltale as required when the malfunction still exists. Although the malfunction indicator telltale does not re-illuminate immediately after the vehicle ignition is reactivated, it does illuminate within 40 seconds after the vehicle accelerates above 23 mph. IV. 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 [[Page 72485]] 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 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 TPMS malfunction indicator telltale will not illuminate immediately after the vehicle is restarted, it generally will illuminate shortly thereafter and in any event it will illuminate in no more than 40 seconds after the vehicle accelerates above 23 mph. AML further explained that once the vehicle has accelerated above 23 mph for a period of 15 seconds, the TPMS will seek to confirm the sensors fitted to the vehicle, and in the case a sensor is not fitted, the TPMS will detect this condition within 25 additional seconds and activate the malfunction indicator telltale. (B) AML explained 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 said that the noncompliance (a software design omission) is confined to one particular aspect of the functionality of the otherwise compliant TPMS malfunction indicator telltale. All other aspects of the low-pressure monitoring system functionality are fully compliant with the requirements of FMVSS No. 138. (D) AML stated that it is not aware of any customer complaints, field communications, incidents or injuries related to this condition. (E) AML said it has fixed all unsold vehicles in its custody and control so that they are fully compliant with FMVSS No 138. (F) AML argued that differences exist between the MBUSA TPMS inconsequential petition that the agency denied and their petition that should be granted. 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 Decision NHTSA Analysis: NHTSA has reviewed AML's justification for an inconsequential noncompliance determination and agrees with AML that the described noncompliance in the subject vehicles is inconsequential to motor vehicle safety. AML explained that although the malfunction indicator telltale does not re-illuminate immediately after the vehicle is restarted, it will illuminate shortly thereafter--within 40 seconds after the vehicle speed exceeds 23 mph. NHTSA agrees with AML that the malfunction indicator telltale will not illuminate as required only during very short periods of time when the vehicle is traveling at low speeds and thus poses little risk to vehicle safety. Under normal driving conditions, a driver will begin a trip by accelerating moderately beyond 23 mph, and as explained by AML, once the vehicle accelerates above 23 mph, the malfunction indicator telltale re-illuminates and then remains illuminated for the entire ignition cycle, regardless of vehicle speed. The telltale fails to re- illuminate only in the very rare case when the driver begins a trip and never exceeds the 23 mph threshold, the speed required to re-activate the malfunction indicator telltale. No real safety risk exists because at such low speeds there is little risk of the driver losing control of the vehicle due to underinflated tires. Furthermore, the possibility that the vehicle will experience both a low inflation pressure condition and a malfunction simultaneously is highly unlikely. AML stated that if the TPMS fails to detect the wheel sensors, a supplemental TPMS monitor provides the driver with a warning on the vehicle's TPMS pressures screen, indicating the status of the wheel sensor is not confirmed. The agency evaluated the displays AML uses in the noncompliant vehicles. In addition to the combination malfunction and low inflation pressure telltale indicator lamp, the subject vehicles are equipped with a ``plan view'' icon which displays the pressures for all four wheels individually. If any wheel has a malfunctioning pressure sensor the indicator for that wheel displays several dashes ``--'' indicating the there is a problem with that respective wheel. The additional information is not required by the safety standard, but can be used as an aid to the driver to determine the status of a vehicle's tires. AML discussed that the noncompliance only involves one specific TPMS functionality requirement and that it believes that the primary functions of the TPMS, the identification of all other required malfunctions as well as the identification of low tire inflation pressure scenarios, is not affected. The agency agrees with AML that the primary function of the TPMS is to identify low inflation pressure conditions which AML's system appears to do as required by FMVSS No. 138. Also, there are a variety of other malfunctions that can occur in addition to the incompatible tire malfunction identified in this petition. We understand from AML that its TPMS will perform as required during all other system malfunctions. AML also mentioned that they have not received or are aware of any consumer complaints, field communications, incidences or injuries related to this noncompliance. In addition to the analysis done by AML that looked at customer complaints, field communications, incidents or injuries related to this condition, the agency conducted additional checks of its Office of Defects Investigations consumer complaint database and found no related complaints. AML stated that unsold vehicles have had the software correction administered and are now fully compliant with FMVSS 138. NHTSA agrees and concurs with AML's action to mitigate vehicles in its possession as of the date that the noncompliance was acknowledged. AML pointed out that there are differences between the Mercedes- Benz TPMS related inconsequential noncompliance petition \1\ that the agency recently denied and AML's subject inconsequential noncompliance petition. NHTSA agrees with AML that the noncompliance circumstances are substantially different between the two petitions. The Mercedes- Benz TPMS would initially display a malfunction warning, but would not display the warning on subsequent ignition cycles as required by S4.4(b)(3) of FMVSS No. 138. In the AML vehicles, the TPMS malfunction warning lamp will illuminate each time the vehicle is [[Page 72486]] operated, and it will do so very shortly after the vehicle begins to move. --------------------------------------------------------------------------- \1\ 79 FR 47718 (August 14, 2014). --------------------------------------------------------------------------- NHTSA Decision: In consideration of the foregoing analysis, NHTSA has decided that AML has met its burden of demonstrating that the FMVSS No. 138 noncompliance is inconsequential to motor vehicle safety. Accordingly, AML's petition is hereby granted and AML is exempted from the obligation of providing notification of, and a remedy for, that noncompliance under 49 U.S.C. 30118 and 30120. 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 M. Giuseppe, Director, Office of Vehicle Safety Compliance. [FR Doc. 2015-29474 Filed 11-18-15; 8:45 am] BILLING CODE 4910-59-P
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(5) Vehicle Fitment: Paragraph S6 of defect or noncompliance. Therefore, any certain model year (MY) 2009–2013
FMVSS No. 119 requires that the decision on this petition only applies to Aston Martin passenger cars do not fully
marking should contain load capacity the subject tires that MNA no longer comply with paragraph S4.4(c)(2), of
values in pounds and kilograms as well controlled at the time it determined that Federal Motor Vehicle Safety Standard
as a letter designating the load range. the noncompliance existed. However, (FMVSS) No. 138, Tire Pressure
This information is used by vehicle any decision on this petition does not Monitoring Systems. AML has filed an
owners to ensure adequate tire load relieve equipment distributors and appropriate report dated November 4,
capacity for the specific vehicle dealers of the prohibitions on the sale, 2013, pursuant to 49 CFR part 573,
configuration. Although the subject tire offer for sale, or introduction or delivery Defect and Noncompliance
lacks the letter designating the load for introduction into interstate Responsibility and Reports.
range, MNA believes that the ETRTO commerce of the noncompliant tires
ADDRESSES: For further information on
standard load capacity values and ISO under their control after MNA notified
them that the subject noncompliance this decision contact Kerrin Bressant,
load indices for single and dual
existed. Office of Vehicles Safety Compliance,
application which are widely
the National Highway Traffic Safety
recognized in the industry are present to Authority: (49 U.S.C. 30118, 30120: Administration (NHTSA), telephone
ensure proper application. Delegations of authority at 49 CFR 1.95 and (202) 366–1110, facsimile (202) 366–
MNA has additionally informed 501.8)
3081.
NHTSA that it has corrected its internal
Jeffrey M. Giuseppe,
systems error to prevent similar tires SUPPLEMENTARY INFORMATION:
Director, Office of Vehicle Safety Compliance.
from being released for sale in the U.S. I. Overview: Pursuant to 49 U.S.C.
market in the future. [FR Doc. 2015–29473 Filed 11–18–15; 8:45 am]
30118(d) and 30120(h) and the rule
In summation, MNA believes that the BILLING CODE 4910–59–P
implementing those provisions at 49
described noncompliances of the subject
CFR part 556, AML submitted a petition
tires is inconsequential to motor vehicle
DEPARTMENT OF TRANSPORTATION for an exemption from the notification
safety, and that its petition, to exempt
and remedy requirements of 49 U.S.C.
MNA from providing recall notification National Highway Traffic Safety Chapter 301 on the basis that this
of noncompliances as required by 49 Administration noncompliance is inconsequential to
U.S.C. 30118 and remedying the recall
[Docket No. NHTSA–2013–0139; Notice 2]
motor vehicle safety.
noncompliance as required by 49 U.S.C.
30120 should be granted. This notice of receipt of AML’s
NHTSA notes that the statutory Aston Martin Lagonda Limited, Grant petition is published under 49 U.S.C.
provisions (49 U.S.C. 30118(d) and of Petition for Decision of 30118 and 30120 and does not represent
30120(h)) that permit manufacturers to Inconsequential Noncompliance any agency decision or other exercise of
file petitions for a determination of judgment concerning the merits of the
AGENCY: National Highway Traffic
inconsequentiality allow NHTSA to petition.
Safety Administration (NHTSA),
exempt manufacturers only from the Department of Transportation (DOT). II. Vehicles Involved: Affected are
duties found in sections 30118 and ACTION: Grant of petition. approximately 3,282 of the following
30120, respectively, to notify owners, AML model passenger cars
purchasers, and dealers of a defect or SUMMARY: Aston Martin Lagonda manufactured from September 2009
noncompliance and to remedy the Limited (AML) has determined that through October 2013:
Registered Dealer Build [date]
Model amlna fleet un-registered 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 ...................................................................................................................................... 2910 372 N/A
III. Noncompliance: AML explains then reactivated after a five minute illuminate within 40 seconds after the
that during testing of the tire pressure period, there was no immediate re- vehicle accelerates above 23 mph.
mstockstill on DSK4VPTVN1PROD with NOTICES
monitoring system (TPMS) it was noted illumination of the malfunction IV. Rule Text: Paragraph S4.4(c)(2) of
that the fitment of an incompatible indicator telltale as required when the FMVSS No. 138 requires in pertinent
wheel and tire unit was correctly malfunction still exists. Although the part:
detected and the malfunction indicator malfunction indicator telltale does not S4.4 TPMS Malfunction.
telltale illuminated as required by re-illuminate immediately after the . . .
FMVSS No. 138. However, when the vehicle ignition is reactivated, it does (c) Combination low tire pressure/TPMS
vehicle ignition was deactivated and malfunction telltale. The vehicle meets the
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![72486 Federal Register / Vol. 80, No. 223 / Thursday, November 19, 2015 / Notices
operated, and it will do so very shortly Madill Subdivision, a distance of DEPARTMENT OF THE TREASURY
after the vehicle begins to move. approximately 51.7 miles.
NHTSA Decision: In consideration of The transaction may be consummated Internal Revenue Service
the foregoing analysis, NHTSA has on or after December 3, 2015, the
effective date of the exemption (30 days Proposed Collection; Comment
decided that AML has met its burden of Request for Regulation Project
demonstrating that the FMVSS No. 138 after the verified notice of exemption
noncompliance is inconsequential to was filed). AGENCY: Internal Revenue Service (IRS),
motor vehicle safety. Accordingly, The purpose of the transaction is to Treasury.
AML’s petition is hereby granted and allow UP to move loaded and empty ACTION: Notice and request for
AML is exempted from the obligation of unit ballast trains to be used for UP comments.
providing notification of, and a remedy maintenance of way projects. UP states
for, that noncompliance under 49 U.S.C. that, under the terms of the agreement, SUMMARY: The Department of the
30118 and 30120. the trackage rights are temporary in Treasury, as part of its continuing effort
nature and will be effective from to reduce paperwork and respondent
NHTSA notes that the statutory burden, invites the general public and
provisions (49 U.S.C. 30118(d) and January 1, 2016, until December 31,
2018. other Federal agencies to take this
30120(h)) that permit manufacturers to opportunity to comment on proposed
file petitions for a determination of As a condition to this exemption, any
and/or continuing information
inconsequentiality allow NHTSA to employees affected by the trackage
collections, as required by the
exempt manufacturers only from the rights will be protected by the
Paperwork Reduction Act of 1995,
duties found in sections 30118 and conditions imposed in Norfolk &
Public Law 104–13 (44 U.S.C.
30120, respectively, to notify owners, Western Railway—Trackage Rights—
3506(c)(2)(A)). Currently, the IRS is
purchasers, and dealers of a defect or Burlington Northern, Inc., 354 I.C.C. 605
soliciting comments concerning an
noncompliance and to remedy the (1978), as modified in Mendocino Coast
existing rulings and determination
defect or noncompliance. Therefore, any Railway—Lease & Operate—California
letters.
decision on this petition only applies to Western Railroad, 360 I.C.C. 653 (1980).
This notice is filed under 49 CFR DATES: Written comments should be
the subject vehicles that AML no longer
1180.2(d)(7).2 If the notice contains false received on or before January 19, 2016
controlled at the time it determined that
or misleading information, the to be assured of consideration.
the noncompliance existed. However,
any decision on this petition does not exemption is void ab initio. Petitions to ADDRESSES: Direct all written comments
relieve vehicle distributors and dealers revoke the exemption under 49 U.S.C. to Michael Joplin, Internal Revenue
of the prohibitions on the sale, offer for 10502(d) may be filed at any time. The Service, Room 6129, 1111 Constitution
sale, or introduction or delivery for filing of a petition to revoke will not Avenue NW., Washington, DC 20224.
introduction into interstate commerce of automatically stay the effectiveness of FOR FURTHER INFORMATION CONTACT:
the noncompliant vehicles under their the exemption. Petitions for stay must Requests for additional information or
control after AML notified them that the be filed no later than November 25, copies of the regulations should be
subject noncompliance existed. 2015 (at least seven days before the directed to Kerry Dennis at Internal
exemption becomes effective). Revenue Service, Room 6129, 1111
Authority: (49 U.S.C. 30118, 30120:
An original and 10 copies of all Constitution Avenue NW., Washington,
Delegations of authority at 49 CFR 1.95 and
501.8) pleadings, referring to Docket No. FD DC 20224, or through the Internet at
35974, must be filed with the Surface Kerry.Dennis@irs.gov.
Jeffrey M. Giuseppe, Transportation Board, 395 E Street SW., SUPPLEMENTARY INFORMATION:
Director, Office of Vehicle Safety Compliance. Washington, DC 20423–0001. In Title: Rulings and Determination
[FR Doc. 2015–29474 Filed 11–18–15; 8:45 am] addition, a copy of each pleading must Letters.
BILLING CODE 4910–59–P be served on Jeremy M. Berman, Union OMB Number: 1545–1522.
Pacific Railroad Company, 1400 Douglas Revenue Procedure: RP 2012–1.
Street, STOP 1580, Omaha, NE 68179. Abstract: This revenue procedure
DEPARTMENT OF TRANSPORTATION Board decisions and notices are explains how the Service provides
available on our Web site at advice to taxpayers on issues under the
Surface Transportation Board ‘‘WWW.STB.DOT.GOV.’’ jurisdiction of the Associate Chief
Counsel (Corporate), the Associate Chief
Decided: November 16, 2015. Counsel (Financial Institutions and
[Docket No. FD 35974]
By the Board, Rachel D. Campbell, Products), the Associate Chief Counsel
Director, Office of Proceedings. (Income Tax and Accounting), the
Union Pacific Railroad Company—
Temporary Trackage Rights Kenyatta Clay, Associate Chief Counsel (International),
Exemption—BNSF Railway Company Clearance Clerk. the Associate Chief Counsel
[FR Doc. 2015–29544 Filed 11–18–15; 8:45 am] (Passthroughs and Special Industries),
BNSF Railway Company (BNSF) and BILLING CODE 4915–01–P the Associate Chief Counsel (Procedure
Union Pacific Railroad Company (UP) and Administration), and the Division
have agreed to enter into a written 2 Because the trackage rights covered by the Counsel/Associate Chief Counsel (Tax
trackage rights agreement,1 under which notice of exemption are longer than one year in Exempt and Government Entities). It
duration, the Board’s class exemption for temporary
mstockstill on DSK4VPTVN1PROD with NOTICES
BNSF will grant temporary overhead explains the forms of advice and the
trackage rights under 49 CFR 1180.2(d)(8) does not
trackage rights to UP between milepost apply. Instead, UP has filed under the trackage
manner in which advice is requested by
579.3 near Mill Creek, Okla., on BNSF’s rights class exemption at 1180.2(d)(7) and taxpayers and provided by the Service.
Creek Subdivision and milepost 631.0 concurrently has filed, in Docket No. FD 35974 The agency needs this information in
near Joe Junction, Tex., on BNSF’s (Sub-No. 1), a petition for partial revocation of this order to use resources more efficiently
exemption to permit these proposed trackage rights
to expire on December 31, 2018, as provided in the
and to provide more guidance to
1 A copy of the temporary trackage rights parties’ agreement. The Board will address that individual corporate taxpayers and their
agreement was filed with the notice of exemption. petition in a separate decision. shareholders.
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Document Created: 2015-12-14 13:57:08
Document Modified: 2015-12-14 13:57:08
| 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 | Grant of petition. | |
| FR Citation | 80 FR 72484 |
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