81 FR 6930 - McLaren Automotive, Inc. (McLaren), Grant of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 81, Issue 26 (February 9, 2016)

Page Range		6930-6932
FR Document		2016-02414

McLaren has determined that certain model year (MY) 2012-2015 MP4 12-C Spider and Coupe 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. McLaren filed a report dated February 18, 2014, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. McLaren 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 26 (Tuesday, February 9, 2016)

[Federal Register Volume 81, Number 26 (Tuesday, February 9, 2016)]
[Notices]
[Pages 6930-6932]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02414]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2014-0035; Notice 2]


McLaren Automotive, Inc. (McLaren), Grant of Petition for 
Decision of Inconsequential Noncompliance

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

ACTION: Grant of petition.

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

SUMMARY: McLaren has determined that certain model year (MY) 2012-2015 
MP4 12-C Spider and Coupe 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. McLaren filed a report dated 
February 18, 2014, pursuant to 49 CFR part 573, Defect and 
Noncompliance Responsibility and Reports. McLaren then petitioned NHTSA 
under 49 CFR part 556 requesting a decision that the subject

[[Page 6931]]

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. Overview: Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the 
rule implementing those provisions at 49 CFR part 556, McLaren 
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 McLaren'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 1,366 MY 2012-
2015 MP4 12-C Spider and Coupe model passenger cars manufactured from 
October 10, 2011 through February 18, 2014.
    III. Noncompliance: McLaren explains that during testing of the 
tire pressure monitoring system (TPMS) it was noted that the 
malfunction indicator telltale illuminated as required by FMVSS No. 138 
when a malfunction is first detected with the exception of one 
scenario. If the malfunction is caused by an incompatible wheel sensor, 
when the vehicle ignition is deactivated and then reactivated to the 
``On'' (``Run'') position after a five minute period, there is no 
immediate re-illumination of the malfunction indicator telltale as 
required if 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 to, or above, 23 miles per hour (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 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 McLaren's Analyses: McLaren stated its belief that 
the subject noncompliance is inconsequential to motor vehicle safety 
for the following reasons:
    (A) McLaren 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 at or above 23 mph. McLaren submits that this brief pause 
before the malfunction indicator illuminates is inconsequential to 
motor vehicle safety.
    (B) McLaren explained that if the TPMS fails to detect a signal 
from a compatible sensor, the TPMS indicator on the instrument cluster 
will display no value for the tire pressure at the affected wheel(s). A 
display of no value will therefore also alert the driver to the fact 
that something is not functioning properly.
    (C) McLaren further states that with the exception of the subject 
noncompliance, all other aspects of the Malfunction Indicator and the 
TPMS in general are compliant with FMVSS No. 138.
    (D) McLaren noted that it is not aware of any customer complaints 
related to this condition.
    (E) McLaren has additionally informed NHTSA that it has corrected 
this noncompliance in all vehicles manufactured after February 18, 
2014.
    In summation, McLaren believes that the described noncompliance of 
the subject vehicles is inconsequential to motor vehicle safety, and 
that its petition, to exempt McLaren 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: McLaren 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, and will remain illuminated for 
the rest of the ignition cycle.
    NHTSA agrees with McLaren 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 motor vehicle safety. Under normal driving conditions, a driver will 
begin a trip by accelerating moderately beyond 23 mph, and as explained 
by McLaren, once the vehicle accelerates to or 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 23 mph (the threshold speed 
necessary 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.
    McLaren stated that if the TPMS fails to detect a compatible wheel 
sensor, the TPMS indicator on the instrument cluster will display no 
value for the tire pressure at the affected wheel(s). McLaren explained 
that this information will help to alert the driver that some kind of 
system malfunction is occurring.
    The agency evaluated the displays McLaren uses in the noncompliant 
vehicles. In addition to the combination 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.
    McLaren discussed that with the exception of the subject 
noncompliance, all other aspects of the TPMS functionality are 
compliant with the FMVSS 138 requirements. 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 McLaren's reasoning with regards to the 
subject noncompliance involving only one aspect of the system's 
malfunction functionality. The primary function of the TPMS is to 
identify low inflation pressure conditions which McLaren's system 
appears to do as required by FMVSS No. 138. Also, there are a

[[Page 6932]]

variety of other malfunctions that can occur in addition to the 
incompatible tire malfunction identified in this petition. We 
understand from McLaren that its TPMS will perform as required during 
all other system malfunctions.
    McLaren 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 
McLaren 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.
    McLaren stated that they have corrected the noncompliance in all 
unsold vehicles manufactured after February 18, 2014, as required by 
NHTSA.
    NHTSA'S Decision: In consideration of the foregoing, NHTSA finds 
that Mclaren has met its burden of persuasion that the subject FMVSS 
No. 138 noncompliance in the affected vehicles is inconsequential to 
motor vehicle safety. Accordingly, McLaren's petition is hereby granted 
and McLaren is consequently exempted from the obligation of providing 
notification of, and a free 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, this decision 
only applies to the subject noncompliant vehicles that McLaren no 
longer controlled at the time it determined that the noncompliance 
existed. However, the granting of 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 McLaren 
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. 2016-02414 Filed 2-8-16; 8:45 am]
BILLING CODE 4910-59-P

6930 Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Notices

bulb check lasting approximately five ‘inconsequential’ ’’ and that ‘‘all product affected vehicles is inconsequential to
seconds. According to GM, the recalls must be effectively enforced motor vehicle safety. Accordingly, GM’s
condition will have little effect on the against the vehicle manufacturer.’’ We petition is hereby granted and GM is not
normal operation of the vehicle as no note that the Motor Vehicle Safety Act obligated to provide notification of, and
underlying systems are affected by the requires the Secretary of Transportation a free remedy for, that noncompliance
failure. to provide the vehicle manufacturers an under 49 U.S.C. 30118 and 30120.
After receipt of GM’s petition, NHTSA opportunity to submit information, NHTSA notes that the statutory
requested more information regarding views, and arguments showing that a provisions (49 U.S.C. 30118(d) and
the subject noncompliance. GM noncompliance does not impact motor 30120(h)) that permit manufacturers to
submitted videos showing that when the vehicle safety. NHTSA is then required file petitions for a determination of
condition occurs any existing warning to consider information and arguments inconsequentiality allow NHTSA to
lights extinguish, the indicators (gauges) submitted and make a determination exempt manufacturers only from the
drop to zero, and operation of the entire whether the noncompliance is, or is not, duties found in sections 30118 and
instrument panel is interrupted. inconsequential to motor vehicle safety. 30120, respectively, to notify owners,
Specifically, any illuminated telltales If NHTSA determines that the subject purchasers, and dealers of a defect or
extinguish for approximately one and noncompliance has no consequence to noncompliance and to remedy the
one half seconds before a bulb check motor vehicle safety, the manufacturer defect or noncompliance. Therefore, this
that lasts approximately five seconds is is exempted from notification and decision only applies to the subject
initiated. At the conclusion of the bulb remedy requirements of 49 U.S.C. 30118 noncompliant vehicles that GM no
check, any previously illuminated and 30120. longer controlled at the time it
telltales will illuminate and remain The second individual commenter determined that the noncompliance
illuminated. believes that GM should conduct a existed. However, the granting of this
NHTSA agrees with GM that if the recall because the touch screen is not petition does not relieve vehicle
instrument panel reset were to happen covered by the vehicle’s warranty. The distributors and dealers of the
it would only be a momentary agency feels that this comment is not prohibitions on the sale, offer for sale,
condition, the instrument panel telltales relevant because the steering wheel or introduction or delivery for
and indicators would extinguish and controls (rather than the touch screen on introduction into interstate commerce of
return to normal very quickly, with the center console) are the controls that the noncompliant vehicles under their
little, if any, impact to the driver. must be used for the subject control after GM notified them that the
GM mentioned two previous petitions noncompliance to occur. subject noncompliance existed.
that the agency granted due to the loss The two remaining individuals that
or failure of telltale indications. In the provided comments believe that Authority: 49 U.S.C. 30118, 30120:
first petition, General Motors Corp.; anything causing a distraction to the Delegations of authority at 49 CFR 1.95 and
Grant of Petition for Determination of occupants of a motor vehicle under 501.8.
Inconsequential Noncompliance, 56 FR operation should be recalled. One of the Jeffrey M. Giuseppe,
33323 (July 19, 1991), the commenters expressed that using a USB Director, Office of Vehicle Safety Compliance.
noncompliance would only manifest music device would be distracting and [FR Doc. 2016–02415 Filed 2–8–16; 8:45 am]
itself when the headlight high beams the other believes that the cluster BILLING CODE 4910–59–P
were turned on and the cigar lighter was becoming inoperable, even for a second,
activated. In this situation the required is enough time to distract the driver and
high beam telltale could dim or cause an accident. DEPARTMENT OF TRANSPORTATION
extinguish altogether for a short period After reviewing the video provided by
of time while the cigar lighter was being GM, the agency believes that a reset of National Highway Traffic Safety
powered. The petition was granted the instrument panel would be Administration
because the agency determined there corrected quickly within seconds, before
was no consequence to motor vehicle the driver would be distracted, or [Docket No. NHTSA–2014–0035; Notice 2]
safety attached to the extinguishment of realize what was happening.
the high beam telltale. The Advocates for Highway and Auto McLaren Automotive, Inc. (McLaren),
In the second petition, submitted by Safety does not specifically support the Grant of Petition for Decision of
Nissan, Nissan North America, granting or denial of GM’s petition, but Inconsequential Noncompliance
Incorporated, Grant of Petition for believes that the existence of such a
Decision of Inconsequential malfunction raises serious questions AGENCY: National Highway Traffic
Noncompliance, 78 FR 59090, (Sept. 25, regarding vehicle design which can lead Safety Administration (NHTSA),
2013), under rare circumstances the to this kind of situation. Department of Transportation (DOT).
transmission gear selected was not Finally, GM stated that a Service ACTION: Grant of petition.
always displayed correctly as required. Update Bulletin was issued to update
The petition was granted because it was the software of all IP clusters whenever SUMMARY: McLaren has determined that
only possible for the gear indication to any service to the affected vehicles is certain model year (MY) 2012–2015
extinguish when the engine was done at the dealership. The agency MP4 12–C Spider and Coupe passenger
inactive and the vehicle was inoperable. understands that GM’s action to update cars do not fully comply with paragraph
Upon reactivating the engine the gear the IP cluster software on these vehicles S4.4(c)(2), of Federal Motor Vehicle
mstockstill on DSK4VPTVN1PROD with NOTICES

indicator displayed the correct gear. as they are brought in for regular service Safety Standard (FMVSS) No. 138, Tire
Five commenters (four individuals should reduce considerably the number Pressure Monitoring Systems. McLaren
and the Advocates for Highway and of affected vehicles. filed a report dated February 18, 2014,
Auto Safety) provided comments about NHTSA’S Decision: In consideration pursuant to 49 CFR part 573, Defect and
GM’s petition when NHTSA issued the of the foregoing, NHTSA has decided Noncompliance Responsibility and
notice of receipt in the Federal Register. that GM has met its burden of Reports. McLaren then petitioned
One individual stated that ‘‘there is persuasion that the FMVSS No. 101 and NHTSA under 49 CFR part 556
no such potential product recall as FMVSS No. 102 noncompliance in the requesting a decision that the subject

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6932 Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Notices

variety of other malfunctions that can Authority: 49 U.S.C. 30118, 30120: Information Officer, Office of the
occur in addition to the incompatible Delegations of authority at 49 CFR 1.95 and Secretary, U.S. Department of
tire malfunction identified in this 501.8. Transportation, 1200 New Jersey
petition. We understand from McLaren Jeffrey M. Giuseppe, Avenue SE., Washington, DC, 20590,
that its TPMS will perform as required Director, Office of Vehicle Safety Compliance. 202–366–1965 (Voice), 202–366–7870
during all other system malfunctions. [FR Doc. 2016–02414 Filed 2–8–16; 8:45 am]
(Fax), or habib.azarsina@dot.gov
(Email).
McLaren also mentioned that they BILLING CODE 4910–59–P
have not received or are aware of any SUPPLEMENTARY INFORMATION:
consumer complaints, field Title: Generic Clearance for the
communications, incidences or injuries DEPARTMENT OF TRANSPORTATION Collection of Qualitative Feedback on
related to this noncompliance. In Agency Service Delivery.
Office of the Secretary Abstract: The information collection
addition to the analysis done by
McLaren that looked at customer [Docket No. DOT–OST–2015–0194] activity will garner qualitative customer
and stakeholder feedback in an efficient,
complaints, field communications,
30-Day Notice of Application for New timely manner, in accordance with the
incidents or injuries related to this
Information Collection Request Department’s commitment to improving
condition, the agency conducted
service delivery. By qualitative feedback
additional checks of its Office of Defects AGENCY: Office of the Secretary (OST), we mean information that provides
Investigations consumer complaint Department of Transportation useful insights on perceptions and
database and found no related (Department) or (DOT). opinions, but are not statistical surveys
complaints. ACTION: Notice and request for that yield quantitative results that can
McLaren stated that they have comments. be generalized to the population of
corrected the noncompliance in all SUMMARY: In accordance with the study. This feedback will provide
unsold vehicles manufactured after Paperwork Reduction Act of 1995, the insights into customer or stakeholder
February 18, 2014, as required by Department of Transportation’s (DOT) perceptions, experiences and
NHTSA. Office of the Secretary (OST) announces expectations, provide an early warning
its plan to submit the Information of issues with service, or focus attention
NHTSA’S Decision: In consideration
Collection Request (ICR) described on areas where communication, training
of the foregoing, NHTSA finds that
below to the Office of Management and or changes in operations might improve
Mclaren has met its burden of delivery of products or services. These
persuasion that the subject FMVSS No. Budget (OMB) for its review and
approval and invites public comment. collections will allow for ongoing,
138 noncompliance in the affected collaborative and actionable
vehicles is inconsequential to motor Executive Order 12862 directs Federal
agencies to provide service to the public communications between the
vehicle safety. Accordingly, McLaren’s Department of Transportation and its
petition is hereby granted and McLaren that matches or exceeds the best service
available in the private sector. In order customers and stakeholders. It will also
is consequently exempted from the allow feedback to contribute directly to
obligation of providing notification of, to work continuously to ensure that our
programs are effective and meet our the improvement of program
and a free remedy for, that management. Feedback collected under
customers’ needs, the Department of
noncompliance under 49 U.S.C. 30118 this generic clearance will provide
Transportation (DOT) seeks to obtain
and 30120. useful information, but it will not yield
OMB approval of a generic clearance to
NHTSA notes that the statutory collect feedback on our service delivery. data that can be generalized to the
provisions (49 U.S.C. 30118(d) and A Federal Register Notice with a 60-day overall population.
30120(h)) that permit manufacturers to The Department will only submit a
comment period soliciting comments on
file petitions for a determination of collection for approval under this
this information collection was
generic clearance if it meets the
inconsequentiality allow NHTSA to published on November 12, 2015 (80 FR
following conditions:
exempt manufacturers only from the 70077–8). The purpose of this notice is
• The collections are voluntary.
duties found in sections 30118 and to allow for an additional 30 days of
• The collections are low-burden for
30120, respectively, to notify owners, public comment.
respondents (based on considerations of
purchasers, and dealers of a defect or DATES: Comments on this notice must be total burden hours, total number of
noncompliance and to remedy the received by March 10, 2016. respondents, or burden-hours per
defect or noncompliance. Therefore, this ADDRESSES: Your comments should be respondent) and are low-cost for both
decision only applies to the subject identified by Docket No. DOT–OST– the respondents and the Federal
noncompliant vehicles that McLaren no 2015–0194 and may be submitted Government.
longer controlled at the time it through one of the following methods: • The collections are
determined that the noncompliance • Office of Management and Budget, noncontroversial and do not raise issues
existed. However, the granting of this Attention: Desk Officer for U.S. of concern to other Federal agencies.
petition does not relieve vehicle Department of Transportation, Office of • Any collection is targeted to the
distributors and dealers of the Information and Regulatory Affairs, solicitation of opinions from
prohibitions on the sale, offer for sale, Office of Management and Budget, respondents who have experience with
Docket Library, Room 10102, 725 17th
mstockstill on DSK4VPTVN1PROD with NOTICES

or introduction or delivery for the program or may have experience
introduction into interstate commerce of Street NW., Washington, DC 20503 with the program in the near future.
the noncompliant vehicles under their • email: oira_submission@ • Personally identifiable information
omb.eop.gov. (PII) is collected only to the extent
control after McLaren notified them that
• Fax: (202) 395–5806. Attention: necessary and is not retained.
the subject noncompliance existed.
DOT/OST Desk Officer. Information gathered is intended to be
FOR FURTHER INFORMATION CONTACT: used only internally for general service
Habib Azarsina, Office of the Chief improvement and program management

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Document Created: 2018-02-02 14:30:08
Document Modified: 2018-02-02 14:30:08

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		81 FR 6930

81 FR 6930 - McLaren Automotive, Inc. (McLaren), Grant of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATIONNational Highway Traffic Safety Administration

Federal Register Volume 81, Issue 26 (February 9, 2016)

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration