81_FR_1684 81 FR 1676 - Maserati S.p.A and Maserati North America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance

81 FR 1676 - Maserati S.p.A and Maserati North America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 81, Issue 8 (January 13, 2016)

Page Range1676-1678
FR Document2016-00448

Maserati S.p.A and Maserati North America, Inc. (collectively ``MNA'') have determined that certain model year (MY) 2011-2014 MNA 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. MNA has filed a report dated March 3, 2014, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. MNA then petitioned NHTSA under 49 CFR part 556 requesting a decision that the subject noncompliance is inconsequential to motor vehicle safety.

Federal Register, Volume 81 Issue 8 (Wednesday, January 13, 2016)
[Federal Register Volume 81, Number 8 (Wednesday, January 13, 2016)]
[Notices]
[Pages 1676-1678]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00448]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2014-0034; Notice 2]


Maserati S.p.A and Maserati North America, Inc., Grant of 
Petition for Decision of Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Grant of petition.

-----------------------------------------------------------------------

SUMMARY: Maserati S.p.A and Maserati North America, Inc. (collectively 
``MNA'') have determined that certain model year (MY) 2011-2014 MNA 
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. MNA has filed a report dated March 3, 2014, 
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility 
and Reports. MNA then petitioned NHTSA under 49 CFR part 556 requesting 
a decision that the subject noncompliance is inconsequential to motor 
vehicle safety.

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. 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.
    Notice of receipt of the petition was published, with a 30-day 
public comment period, on September 8, 2015 in the Federal Register (80 
FR 53912). No comments were received. To view the petition and all 
supporting documents log onto the Federal Docket Management System 
(FDMS) Web site at: http://www.regulations.gov/. Then follow the online 
search instructions to locate docket number ``NHTSA-2014-0034.''
    II. Vehicles Involved: Affected are approximately 8,789 MY 2011-
2013 Maserati Quattroporte and MY 2011-2014 Maserati Granturismo and 
Granturismo Convertible passenger vehicles.
    III. Noncompliance: MNA explains that after the car's ignition is 
switched to the ON position, the Tire Pressure Monitoring System (TPMS) 
immediately seeks to confirm if all wheel sensors are present. When the 
TPMS first detects a sensor is missing, it illuminates the malfunction 
indicator as required by FMVSS No. 138. Upon subsequent ignition 
cycles, if the sensor detected as missing during the previous ignition 
cycle is still missing, the TPMS malfunction indicator will again 
illuminate as required and stay illuminated until the vehicle begins to 
move, at which time the indicator will extinguish. The extinguishment 
of the malfunction indicator while the malfunction still exists is in 
violation to paragraph S4.4(c)(2) of FMVSS No. 138. The malfunction 
indicator must illuminate when a malfunction is identified and remain 
illuminated as long as the condition exists.
    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 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 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 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, the TPMS malfunction 
indicator will illuminate as required to indicate a hardware fault is 
still present. If the engine is subsequently started again 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. 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.
    (B) MNA explained that if the TPMS fails to detect the wheel 
sensors, the TPMS will display no value on the TPMS pressures screen 
for the tire pressure, indicating that the status of the wheel sensor 
is unconfirmed.
    (C) MNA said 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. Also MNA stated that NHTSA had previously published a rule (April 
8, 2005) that said a malfunction, in and of itself, does not represent 
a safety risk to vehicle occupants and that the chances of having a 
TPMS malfunction and a significantly under-inflated tire at the same 
time are unlikely.
    (D) MNA said that NHTSA has previously granted petitions for 
inconsequential noncompliances related to the TPMS malfunction 
indicator not illuminating in the manner required by FMVSS No. 138 due 
to a software malfunction. MNA mentioned a grant to a petition 
submitted by Volkswagen Group of America, Inc. for Audi vehicles.\1\ 
MNA explained that in the Volkswagen case, the TPMS would initially 
display the required warning, but the telltale light would not stay 
illuminated in the manner required by FMVSS No. 138 in that the warning 
light would be extinguished on

[[Page 1677]]

subsequent drive cycles if the vehicle speed was maintained below 12.5 
mph.
---------------------------------------------------------------------------

    \1\ 76 FR 30239 (May 24, 2011).
---------------------------------------------------------------------------

    (E) MNA stated that it is not aware of any customer complaints, 
field communications, incidents or injuries related to this condition.
    (F) MNA explained that it provides additional warnings through tire 
inflation and usage fitment information provided in the subject 
vehicles owner's manuals. In addition, customer calls into the Roadside 
Assistance and Customer Care department can also help provide specific 
wheel and tire fitment information to MNA customers. The Maserati 
Authorized Dealer network can also address this issue with Maserati 
customers.
    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'S Decision

    NHTSA's Analysis: MNA explained that although the malfunction 
indicator extinguishes once the car starts moving, it will illuminate 
shortly thereafter--within 160 seconds of ignition start and after the 
vehicle speed exceeds 22 mph for 15 seconds.
    NHTSA agrees with MNA that the malfunction indicator 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 22 mph, and as explained by MNA, 
once the vehicle accelerates above 22 mph (combined with the Ignition-
On internal clock reaching 160 seconds), the malfunction indicator re-
illuminates and then it will remain 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 22 mph threshold, the speed required to re-activate the 
malfunction indicator. No real safety risk exists because at such low 
speeds there is little risk of vehicle loss of control 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.
    MNA stated that if the TPMS fails to detect the wheel sensors, the 
TPMS will display no value on the vehicle's central digital cluster for 
the associated tire pressure, indicating that the status of the wheel 
sensor is unconfirmed for a given wheel.
    The agency evaluated the displays MNA uses in the noncompliant 
vehicles. In addition to the combination low inflation pressure and 
malfunction 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.
    MNA discussed that the noncompliance only involves one specific 
aspect of the malfunction functionality and that the primary function 
of the TPMS, identification of other malfunctions and identification of 
low inflation pressure scenarios, is not affected.
    The agency agrees with MNA's reasoning that the primary function of 
the TPMS is to identify low inflation pressure conditions which MNA's 
system does as required by FMVSS No. 138.
    There are also a variety of other malfunctions that can occur in 
addition to the delayed re-illumination malfunction identified in this 
petition. NHTSA understands from MNA that its TPMS will perform as 
required during all other type system malfunctions.
    MNA additionally mentioned that NHTSA had previously granted 
petitions for inconsequential noncompliances pertaining to FMVSS No. 
138 and specifically mentioned Volkswagen's (VW) Audi petition.\2\ In 
the case of that petition, the Audi vehicle's TPMS would initially 
display the required warning, but the telltale would not stay 
illuminated in the manner required by FMVSS No. 138. The telltale light 
would extinguish on subsequent drive cycles if the vehicle speed was 
maintained below 12.5 mph. The MNA condition is similar to the VW 
condition because the malfunction telltales in both cases illuminate 
upon subsequent ignition cycles, but then extinguish at low speeds 
after the vehicles begin to move. Both conditions happen at relatively 
low speeds and for short durations of time. The VW petition was granted 
due to the fact that the noncompliance took place at relatively low 
speeds and for a short duration of time.
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    \2\ 76 FR 30239 (May 24, 2011).
---------------------------------------------------------------------------

    MNA added that it also provides several warnings via the owner's 
manual text with regards to the TPMS and its proper usage. 
Specifically, tire inflation and usage fitment information is provided. 
A Roadside Assistance and a Customer Care department are additionally 
mentioned as resources for an owner with issues or concerns about 
proper tire inflation and/or tire usage fitment. The additional 
information provided inside the owner's manual, and via telephone for 
Roadside Assistance and the Customer Care Department offers the MNA 
owner ample opportunity to ensure their vehicle operates as designed.
    MNA also stated 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 MNA that looked at customer 
complaints, field communications, incidents or injuries related to this 
condition, NHTSA also conducted checks of NHTSA's Office of Defects 
Investigations consumer complaint database and found no related 
complaints.
    NHTSA's Decision: In consideration of the foregoing analysis, NHTSA 
has decided that MNA has met its burden of demonstrating that the FMVSS 
No. 138 noncompliance is inconsequential to motor vehicle safety. 
Accordingly, MNA's petition is hereby granted and MNA is exempted from 
the obligation of providing notification of, and a free remedy for, the 
subject 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 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.


[[Page 1678]]


    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. 2016-00448 Filed 1-12-16; 8:45 am]
 BILLING CODE 4910-59-P



                                                    1676                        Federal Register / Vol. 81, No. 8 / Wednesday, January 13, 2016 / Notices

                                                    petition does not relieve vehicle                       comment period, on September 8, 2015                      (A) MNA states that after the car’s
                                                    distributors and dealers of the                         in the Federal Register (80 FR 53912).                 ignition is switched to the ON position,
                                                    prohibitions on the sale, offer for sale,               No comments were received. To view                     the TPMS immediately seeks to confirm
                                                    or introduction or delivery for                         the petition and all supporting                        if all wheel sensors are present. If the
                                                    introduction into interstate commerce of                documents log onto the Federal Docket                  TPMS detects a sensor is not present, an
                                                    the noncompliant vehicles under their                   Management System (FDMS) Web site                      internal timer is started. If the sensor
                                                    control after GM notified them that the                 at: http://www.regulations.gov/. Then                  detected as missing was also detected as
                                                    subject noncompliance existed.                          follow the online search instructions to               missing during the previous ignition
                                                      Authority: (49 U.S.C. 30118, 30120:                   locate docket number ‘‘NHTSA–2014–                     cycle, the TPMS malfunction indicator
                                                    delegations of authority at 49 CFR 1.95 and             0034.’’                                                will illuminate as required to indicate a
                                                    501.8).                                                    II. Vehicles Involved: Affected are                 hardware fault is still present. If the
                                                                                                            approximately 8,789 MY 2011–2013                       engine is subsequently started again and
                                                    Jeffrey M. Giuseppe,                                    Maserati Quattroporte and MY 2011–                     left in its steady state (engine not cold)
                                                    Director, Office of Vehicle Safety Compliance.          2014 Maserati Granturismo and                          idle, the warning lamp will continue to
                                                    [FR Doc. 2016–00449 Filed 1–12–16; 8:45 am]             Granturismo Convertible passenger                      remain illuminated as required.
                                                    BILLING CODE 4910–59–P                                  vehicles.                                              However, if the car is then driven, the
                                                                                                               III. Noncompliance: MNA explains                    warning lamp will extinguish. Once the
                                                                                                            that after the car’s ignition is switched              vehicle has been moving above 22 mph
                                                    DEPARTMENT OF TRANSPORTATION                            to the ON position, the Tire Pressure                  for a period of 15 seconds, the TPMS
                                                                                                            Monitoring System (TPMS) immediately                   will seek to confirm that all wheel
                                                    National Highway Traffic Safety                         seeks to confirm if all wheel sensors are              sensors are fitted to the vehicle. If the
                                                    Administration                                          present. When the TPMS first detects a                 internal timer reaches 160 seconds, and
                                                    [Docket No. NHTSA–2014–0034; Notice 2]                  sensor is missing, it illuminates the                  the vehicle has been moving above 22
                                                                                                            malfunction indicator as required by                   mph for 15 seconds, the TPMS
                                                    Maserati S.p.A and Maserati North                       FMVSS No. 138. Upon subsequent                         malfunction indicator will illuminate
                                                    America, Inc., Grant of Petition for                    ignition cycles, if the sensor detected as             correctly. Once the malfunction
                                                    Decision of Inconsequential                             missing during the previous ignition                   indicator is illuminated, it remains so
                                                    Noncompliance                                           cycle is still missing, the TPMS                       throughout that ignition cycle,
                                                    AGENCY: National Highway Traffic                        malfunction indicator will again                       regardless of the vehicle’s speed.
                                                                                                            illuminate as required and stay                           (B) MNA explained that if the TPMS
                                                    Safety Administration (NHTSA),
                                                                                                            illuminated until the vehicle begins to                fails to detect the wheel sensors, the
                                                    Department of Transportation (DOT).
                                                                                                            move, at which time the indicator will                 TPMS will display no value on the
                                                    ACTION: Grant of petition.                                                                                     TPMS pressures screen for the tire
                                                                                                            extinguish. The extinguishment of the
                                                    SUMMARY:   Maserati S.p.A and Maserati                  malfunction indicator while the                        pressure, indicating that the status of
                                                    North America, Inc. (collectively                       malfunction still exists is in violation to            the wheel sensor is unconfirmed.
                                                    ‘‘MNA’’) have determined that certain                   paragraph S4.4(c)(2) of FMVSS No. 138.                    (C) MNA said that the noncompliance
                                                    model year (MY) 2011–2014 MNA                           The malfunction indicator must                         is confined to one particular aspect of
                                                    passenger cars do not fully comply with                 illuminate when a malfunction is                       the functionality of the otherwise
                                                    paragraph S4.4(c)(2), of Federal Motor                  identified and remain illuminated as                   compliant TPMS malfunction indicator.
                                                                                                            long as the condition exists.                          All other aspects of the low-pressure
                                                    Vehicle Safety Standard (FMVSS) No.
                                                                                                               IV. Rule Text: Paragraph S4.4(c)(2) of              monitoring system functionality are
                                                    138, Tire Pressure Monitoring Systems.
                                                                                                            FMVSS No. 138 requires in pertinent                    fully compliant with the requirements
                                                    MNA has filed a report dated March 3,
                                                                                                            part:                                                  of FMVSS No. 138. Also MNA stated
                                                    2014, pursuant to 49 CFR part 573,
                                                                                                                                                                   that NHTSA had previously published a
                                                    Defect and Noncompliance                                    S4.4   TPMS Malfunction.                           rule (April 8, 2005) that said a
                                                    Responsibility and Reports. MNA then                    *      *      *       *      *                         malfunction, in and of itself, does not
                                                    petitioned NHTSA under 49 CFR part                         (c) Combination low tire pressure/TPMS              represent a safety risk to vehicle
                                                    556 requesting a decision that the                      malfunction telltale. The vehicle meets the
                                                                                                                                                                   occupants and that the chances of
                                                    subject noncompliance is                                requirements of S4.4(a) when equipped with
                                                                                                            a combined Low Tire Pressure/TPMS                      having a TPMS malfunction and a
                                                    inconsequential to motor vehicle safety.
                                                                                                            malfunction telltale that:                             significantly under-inflated tire at the
                                                    ADDRESSES: For further information on                                                                          same time are unlikely.
                                                                                                               (2) Flashes for a period of at least 60
                                                    this decision contact Kerrin Bressant,                  seconds but no longer than 90 seconds upon                (D) MNA said that NHTSA has
                                                    Office of Vehicles Safety Compliance,                   detection of any condition specified in                previously granted petitions for
                                                    the National Highway Traffic Safety                     S4.4(a) after the ignition locking system is           inconsequential noncompliances related
                                                    Administration (NHTSA), telephone                       activated to the ‘‘On’’ (‘‘Run’’) position. After      to the TPMS malfunction indicator not
                                                    (202) 366–1110, facsimile (202) 366–                    each period of prescribed flashing, the                illuminating in the manner required by
                                                    3081.                                                   telltale must remain continuously
                                                                                                            illuminated as long as a malfunction exists
                                                                                                                                                                   FMVSS No. 138 due to a software
                                                    SUPPLEMENTARY INFORMATION:                              and the ignition locking system is in the              malfunction. MNA mentioned a grant to
                                                      I. MNA’s Petition: Pursuant to 49                     ‘‘On’’ (‘‘Run’’) position. This flashing and           a petition submitted by Volkswagen
                                                    U.S.C. 30118(d) and 30120(h) and the                    illumination sequence must be repeated each            Group of America, Inc. for Audi
                                                    rule implementing those provisions at                                                                          vehicles.1 MNA explained that in the
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                                                                                                            time the ignition locking system is placed in
                                                    49 CFR part 556, MNA submitted a                        the ‘‘On’’ (‘‘Run’’) position until the situation      Volkswagen case, the TPMS would
                                                    petition for an exemption from the                      causing the malfunction has been corrected.            initially display the required warning,
                                                                                                            . . .                                                  but the telltale light would not stay
                                                    notification and remedy requirements of
                                                    49 U.S.C. Chapter 301 on the basis that                   V. Summary of MNA’s Analyses:                        illuminated in the manner required by
                                                    this noncompliance is inconsequential                   MNA stated its belief that the subject                 FMVSS No. 138 in that the warning
                                                    to motor vehicle safety.                                noncompliance is inconsequential to                    light would be extinguished on
                                                      Notice of receipt of the petition was                 motor vehicle safety for the following
                                                    published, with a 30-day public                         reasons:                                                 1 76   FR 30239 (May 24, 2011).



                                               VerDate Sep<11>2014   16:59 Jan 12, 2016   Jkt 238001   PO 00000   Frm 00079   Fmt 4703   Sfmt 4703   E:\FR\FM\13JAN1.SGM     13JAN1


                                                                                Federal Register / Vol. 81, No. 8 / Wednesday, January 13, 2016 / Notices                                             1677

                                                    subsequent drive cycles if the vehicle                  digital cluster for the associated tire                relatively low speeds and for a short
                                                    speed was maintained below 12.5 mph.                    pressure, indicating that the status of                duration of time.
                                                      (E) MNA stated that it is not aware of                the wheel sensor is unconfirmed for a                     MNA added that it also provides
                                                    any customer complaints, field                          given wheel.                                           several warnings via the owner’s
                                                    communications, incidents or injuries                      The agency evaluated the displays                   manual text with regards to the TPMS
                                                    related to this condition.                              MNA uses in the noncompliant                           and its proper usage. Specifically, tire
                                                      (F) MNA explained that it provides                    vehicles. In addition to the combination               inflation and usage fitment information
                                                    additional warnings through tire                        low inflation pressure and malfunction                 is provided. A Roadside Assistance and
                                                    inflation and usage fitment information                 telltale indicator lamp, the subject                   a Customer Care department are
                                                    provided in the subject vehicles owner’s                vehicles are equipped with a ‘‘plan                    additionally mentioned as resources for
                                                    manuals. In addition, customer calls                    view’’ icon which displays the pressures               an owner with issues or concerns about
                                                    into the Roadside Assistance and                        for all four wheels individually. If any               proper tire inflation and/or tire usage
                                                    Customer Care department can also help                  wheel has a malfunctioning pressure                    fitment. The additional information
                                                    provide specific wheel and tire fitment                 sensor the indicator for that wheel                    provided inside the owner’s manual,
                                                    information to MNA customers. The                       displays several dashes ‘‘—’’ indicating               and via telephone for Roadside
                                                    Maserati Authorized Dealer network can                  the there is a problem with that                       Assistance and the Customer Care
                                                    also address this issue with Maserati                   respective wheel. The additional                       Department offers the MNA owner
                                                    customers.                                              information is not required by the safety
                                                      In summation, MNA believes that the                                                                          ample opportunity to ensure their
                                                                                                            standard, but can be used as an aid to                 vehicle operates as designed.
                                                    described noncompliance of the subject                  the driver to determine the status of a
                                                    vehicles is inconsequential to motor                                                                              MNA also stated that they have not
                                                                                                            vehicle’s tires.
                                                    vehicle safety, and that its petition, to                                                                      received or are aware of any consumer
                                                                                                               MNA discussed that the                              complaints, field communications,
                                                    exempt MNA from providing recall
                                                                                                            noncompliance only involves one                        incidences or injuries related to this
                                                    notification of noncompliance as
                                                                                                            specific aspect of the malfunction                     noncompliance.
                                                    required by 49 U.S.C. 30118 and
                                                                                                            functionality and that the primary
                                                    remedying the recall noncompliance as                                                                             In addition to the analysis done by
                                                                                                            function of the TPMS, identification of
                                                    required by 49 U.S.C. 30120 should be                                                                          MNA that looked at customer
                                                                                                            other malfunctions and identification of
                                                    granted.                                                                                                       complaints, field communications,
                                                                                                            low inflation pressure scenarios, is not
                                                    NHTSA’S Decision                                        affected.                                              incidents or injuries related to this
                                                                                                               The agency agrees with MNA’s                        condition, NHTSA also conducted
                                                       NHTSA’s Analysis: MNA explained                                                                             checks of NHTSA’s Office of Defects
                                                    that although the malfunction indicator                 reasoning that the primary function of
                                                                                                            the TPMS is to identify low inflation                  Investigations consumer complaint
                                                    extinguishes once the car starts moving,                                                                       database and found no related
                                                    it will illuminate shortly thereafter—                  pressure conditions which MNA’s
                                                                                                            system does as required by FMVSS No.                   complaints.
                                                    within 160 seconds of ignition start and
                                                    after the vehicle speed exceeds 22 mph                  138.                                                      NHTSA’s Decision: In consideration
                                                    for 15 seconds.                                            There are also a variety of other                   of the foregoing analysis, NHTSA has
                                                       NHTSA agrees with MNA that the                       malfunctions that can occur in addition                decided that MNA has met its burden of
                                                    malfunction indicator will not                          to the delayed re-illumination                         demonstrating that the FMVSS No. 138
                                                    illuminate as required only during very                 malfunction identified in this petition.               noncompliance is inconsequential to
                                                    short periods of time when the vehicle                  NHTSA understands from MNA that its                    motor vehicle safety. Accordingly,
                                                    is traveling at low speeds and thus                     TPMS will perform as required during                   MNA’s petition is hereby granted and
                                                    poses little risk to vehicle safety. Under              all other type system malfunctions.                    MNA is exempted from the obligation of
                                                    normal driving conditions, a driver will                   MNA additionally mentioned that                     providing notification of, and a free
                                                    begin a trip by accelerating moderately                 NHTSA had previously granted                           remedy for, the subject noncompliance
                                                    beyond 22 mph, and as explained by                      petitions for inconsequential                          under 49 U.S.C. 30118 and 30120.
                                                    MNA, once the vehicle accelerates                       noncompliances pertaining to FMVSS                        NHTSA notes that the statutory
                                                    above 22 mph (combined with the                         No. 138 and specifically mentioned                     provisions (49 U.S.C. 30118(d) and
                                                    Ignition-On internal clock reaching 160                 Volkswagen’s (VW) Audi petition.2 In                   30120(h)) that permit manufacturers to
                                                    seconds), the malfunction indicator re-                 the case of that petition, the Audi                    file petitions for a determination of
                                                    illuminates and then it will remain                     vehicle’s TPMS would initially display                 inconsequentiality allow NHTSA to
                                                    illuminated for the entire ignition cycle,              the required warning, but the telltale                 exempt manufacturers only from the
                                                    regardless of vehicle speed. The telltale               would not stay illuminated in the                      duties found in sections 30118 and
                                                    fails to re-illuminate only in the very                 manner required by FMVSS No. 138.                      30120, respectively, to notify owners,
                                                    rare case when the driver begins a trip                 The telltale light would extinguish on                 purchasers, and dealers of a defect or
                                                    and never exceeds the 22 mph                            subsequent drive cycles if the vehicle                 noncompliance and to remedy the
                                                    threshold, the speed required to re-                    speed was maintained below 12.5 mph.                   defect or noncompliance. Therefore, any
                                                    activate the malfunction indicator. No                  The MNA condition is similar to the                    decision on this petition only applies to
                                                    real safety risk exists because at such                 VW condition because the malfunction                   the subject vehicles that MNA no longer
                                                    low speeds there is little risk of vehicle              telltales in both cases illuminate upon                controlled at the time it determined that
                                                    loss of control due to underinflated                    subsequent ignition cycles, but then                   the noncompliance existed. However,
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                                                    tires. Furthermore, the possibility that                extinguish at low speeds after the                     any decision on this petition does not
                                                    the vehicle will experience both a low                  vehicles begin to move. Both conditions                relieve vehicle distributors and dealers
                                                    inflation pressure condition and a                      happen at relatively low speeds and for                of the prohibitions on the sale, offer for
                                                    malfunction simultaneously is highly                    short durations of time. The VW                        sale, or introduction or delivery for
                                                    unlikely.                                               petition was granted due to the fact that              introduction into interstate commerce of
                                                       MNA stated that if the TPMS fails to                 the noncompliance took place at                        the noncompliant vehicles under their
                                                    detect the wheel sensors, the TPMS will                                                                        control after MNA notified them that the
                                                    display no value on the vehicle’s central                 2 76   FR 30239 (May 24, 2011).                      subject noncompliance existed.


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                                                    1678                        Federal Register / Vol. 81, No. 8 / Wednesday, January 13, 2016 / Notices

                                                      Authority: (49 U.S.C. 30118, 30120:                   importers who have registered with                     submitted as part of the proof that the
                                                    delegations of authority at 49 CFR 1.95 and             NHTSA pursuant to 49 CFR part 592. As                  reprogramming was carried out
                                                    501.8)                                                  specified in 49 CFR 593.7, NHTSA                       successfully.
                                                    Jeffrey M. Giuseppe,                                    publishes notice in the Federal Register                 Standard No. 138 Tire Pressure
                                                    Director, Office of Vehicle Safety Compliance.          of each petition that it receives, and                 Monitoring Systems: The petition stated
                                                                                                            affords interested persons an                          that the vehicles meet the requirements
                                                    [FR Doc. 2016–00448 Filed 1–12–16; 8:45 am]
                                                                                                            opportunity to comment on the petition.                of the standard and are equipped with
                                                    BILLING CODE 4910–59–P
                                                                                                            At the close of the comment period,                    hardware and software that is identical
                                                                                                            NHTSA decides, on the basis of the                     to that installed in the U.S.-model
                                                    DEPARTMENT OF TRANSPORTATION                            petition and any comments that it has                  vehicles.
                                                                                                            received, whether the vehicle is eligible                NHTSA has decided that a
                                                    National Highway Traffic Safety                         for importation. The agency then                       description of how compliance was
                                                    Administration                                          publishes this decision in the Federal                 verified must accompany each
                                                                                                            Register.                                              conformity package. Photographs,
                                                    [Docket No. NHTSA–2015–0016, Notice 2]                     Wallace Environmental Testing                       printouts, and/or screenshots, as
                                                                                                            Laboratories (WETL), Inc., of Houston,                 practicable, must be submitted as proof
                                                    Decision That Nonconforming Model                       Texas (Registered Importer R–90–005)                   that compliance verification (including
                                                    Year 2009 Ford F–150 Trucks Are                         petitioned NHTSA to decide whether                     substantiation that hardware and
                                                    Eligible for Importation                                certain model year (MY) 2009 Ford F–                   software installed in the vehicle is
                                                    AGENCY: National Highway Traffic                        150 trucks are eligible for importation                identical to that installed in the U.S.-
                                                    Safety Administration (NHTSA),                          into the United States. NHTSA                          model vehicles) was carried out
                                                    Department of Transportation (DOT).                     published a notice of the petition on                  successfully.
                                                    ACTION: Grant of petition.
                                                                                                            November 5, 2015 (80 FR 68603) to                        Standard No. 208 Occupant Crash
                                                                                                            afford an opportunity for public                       Protection: The petition stated that a
                                                    SUMMARY:   This document announces a                    comment. No comments were received                     U.S.-version of the owner’s manual
                                                    decision by the National Highway                        in response to the notice of petition. The             must be provided with the vehicle to
                                                    Traffic Safety Administration that                      reader is referred to that notice for a                meet the information requirements of
                                                    certain model year (MY) 2009 Ford F–                    thorough description of the petition.                  the standard.
                                                    150 trucks that were not originally                        To view the petition, and all                         NHTSA has decided that each
                                                    manufactured to comply with all                         supporting documents log onto the                      conformity package must include a
                                                    applicable Federal Motor Vehicle Safety                 Federal Docket Management System                       detailed description of the occupant
                                                    Standards (FMVSS), are eligible for                     (FDMS) Web site at: http://                            protection system, including
                                                    importation into the United States                      www.regulations.gov/. Then follow the                  photographs of all required labeling,
                                                    because they are substantially similar to               online search instructions to locate                   and a description of how compliance
                                                    vehicles originally manufactured for                    docket number ‘‘NHTSA–2015–0016.’’                     was verified. Photographs, printouts,
                                                    sale in the United States and that were                 Conclusions and Conditions                             and/or screenshots, as practicable, must
                                                    certified by their manufacturer as                                                                             be submitted as proof that compliance
                                                                                                               NHTSA has reviewed the petition and                 verification (including substantiation
                                                    complying with the safety standards
                                                                                                            has concluded that the vehicles covered                that hardware and software installed in
                                                    (the U.S. certified version of the MY
                                                                                                            by the petition are capable of being                   the vehicle is identical to that installed
                                                    2009 Ford F–150 trucks) and they are
                                                                                                            readily altered to comply with all                     in the U.S.-model vehicles) was carried
                                                    capable of being readily altered to
                                                                                                            applicable FMVSS. However, NHTSA                       out successfully.
                                                    conform to the standards.
                                                                                                            has also decided that an RI who imports                  NHTSA has also determined that each
                                                    DATES: This decision became effective
                                                                                                            or modifies one of these vehicles must                 conformity package must include
                                                    on January 7, 2016.                                     include in each statement of conformity                evidence showing how the RI verified
                                                    ADDRESSES: For further information                      and associated documents (referred to as               that the changes it made in loading or
                                                    contact George Stevens, Office of                       a ‘‘conformity package’’) it submits to                reprograming vehicle software to
                                                    Vehicle Safety Compliance, NHTSA                        NHTSA under 49 CFR 592.6(d) specific                   achieve conformity with each separate
                                                    (202–366–5308).                                         proof to confirm that the vehicle was                  FMVSS, did not also cause the vehicle
                                                    SUPPLEMENTARY INFORMATION:                              manufactured to conform to, or was                     to fall out of compliance with any other
                                                                                                            successfully altered to conform to, each               applicable FMVSS.
                                                    Background
                                                                                                            of the following standards:
                                                      Under 49 U.S.C. 30141(a)(1)(A), a                        Standard No. 101 Controls and                       Decision
                                                    motor vehicle that was not originally                   Displays: The petition stated that the                   Accordingly, on the basis of the
                                                    manufactured to conform to all                          vehicles could be conformed to the                     foregoing, NHTSA hereby decides that
                                                    applicable FMVSS shall be refused                       standard through replacement of the                    MY 2009 Ford F–150 trucks that were
                                                    admission into the United States unless                 speedometer with the U.S.-model part,                  not originally manufactured to comply
                                                    NHTSA has decided that the motor                        which includes the BRAKE telltale, and                 with all applicable FMVSS, are
                                                    vehicle is substantially similar to a                   reprogramming of the speedometer                       substantially similar to MY 2009 Ford
                                                    motor vehicle originally manufactured                   software.                                              F–150 trucks manufactured for sale in
                                                    for importation into and sale in the                       NHTSA has decided that a
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                                                                                                                                                                   the United States, and certified under 49
                                                    United States, certified as required                    description of how the programming                     U.S.C. 30115, and are capable of being
                                                    under 49 U.S.C. 30115, of the same                      changes were completed, and how                        readily altered to conform to all
                                                    model year as the model of the motor                    compliance with the standard was                       applicable FMVSS.
                                                    vehicle to be compared, and is capable                  verified after reprogramming, must be
                                                    of being readily altered to conform to all              included in each conformity package.                   Vehicle Eligibility Number for Subject
                                                    applicable FMVSS.                                       Photographs, printouts, and/or images                  Vehicles
                                                      Petitions for eligibility decisions may               of the installation computer’s monitor                   The importer of a vehicle admissible
                                                    be submitted by either manufacturers or                 (‘‘screenshots’’), as practicable, must be             under any final decision must indicate


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Document Created: 2016-01-13 01:00:59
Document Modified: 2016-01-13 01:00:59
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
ActionGrant of petition.
FR Citation81 FR 1676 

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