81 FR 7407 - Tesla Motors, Inc. (Tesla), Grant of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 81, Issue 28 (February 11, 2016)
National Highway Traffic Safety Administration
Federal Register Volume 81, Issue 28 (February 11, 2016)
| Page Range | 7407-7408 | |
| FR Document | 2016-02722 |
[Federal Register Volume 81, Number 28 (Thursday, February 11, 2016)] [Notices] [Pages 7407-7408] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-02722] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2014-0096; Notice 2] Tesla Motors, Inc. (Tesla), Grant of Petition for Decision of Inconsequential Noncompliance AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Grant of petition. ----------------------------------------------------------------------- SUMMARY: Tesla Motors, Inc. (Tesla) has determined that certain model year (MY) 2008 Tesla Roadster 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. Tesla filed a report dated August 1, 2014, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. Tesla 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. Overview Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule implementing those provisions at 49 CFR part 556, Tesla 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 June 24, 2015, in the Federal Register (80 FR 36403). 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-2014-0096.'' II. Vehicles Involved Affected are approximately 542 MY 2008 Roadster model passenger cars manufactured from February 1, 2008 through October 29, 2009. III. Noncompliance Tesla explains that if a fault is detected in a sensor, because the sensor is faulty, missing or unapproved, the Tire Pressure Monitoring System (TPMS) malfunction telltale will flash for 60 to 90 seconds and then remain continuously illuminated as required by FMVSS No. 138. However, the TPMS malfunction telltale fails to operate properly when a faulty, missing or unapproved sensor is detected and then the vehicle's ignition is cycled off and back on. In this situation, the malfunction telltale in the subject vehicles does not re-illuminate immediately as required when the vehicle's ignition system is re-activated. Instead, the affected vehicles must reach a speed between 20 miles per hour (mph) and 25 mph for a maximum period of at least 90 seconds before the TPMS malfunction telltale re-illuminates. 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 Tesla's Analyses Tesla stated its belief that the subject noncompliance is inconsequential to motor vehicle safety for the following reasons: (A) Tesla stated that although the TPMS malfunction indicator 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 90 seconds after the vehicle accelerates between 20-25 mph. Tesla further explained that additional warnings via the ``fault'' display in the dashboard and the auxiliary display warnings will appear anew. Clearing this ``new'' warning in the auxiliary screen will require the driver to ``actively'' (take positive action) to clear the screen. Tesla believes these additional steps required to clear the auxiliary screen warning ensures driver attention to the issue. (B) Tesla states that they provide warnings and alerts above and beyond what is required by regulations. Checks include wheel sensor fitment (compatibility) and tire pressures. If sensors are ``new'' (i.e., different from those verified at the previous ignition cycle), the sensors are ``learned'' and after calibrations performed, a check of all tires is again performed for any low pressure conditions. In addition, the subject vehicles are equipped with an ``auxiliary'' screen which displays a diagram of the vehicle with respective tire positions and status of those respective tires. Tesla explained that this type of detailed information and multiple alerts ensures the driver is well informed of a potential low tire pressure condition. (C) Tesla 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. (D) Tesla stated that it is not aware of any customer complaints, field communications, incidents or injuries related to the failure of the TPMS noncompliance. In summation, Tesla believes that the described noncompliance of the subject vehicles is inconsequential to motor vehicle safety, and that its petition, to [[Page 7408]] exempt Tesla from providing recall notification of noncompliance as required by 49 U.S.C. 30118 and remedying the noncompliance as required by 49 U.S.C. 30120 should be granted. NHTSA's Decision NHTSA's Analysis: Tesla explained that although the malfunction indicator does not re-illuminate immediately after the vehicle is restarted, it will illuminate shortly thereafter--within 90 seconds after the vehicle reaches a speed between 20 mph and 25 mph. NHTSA recognizes that the malfunction indicator will not illuminate as required for 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 20-25 mph, and as explained by Tesla, once the vehicle accelerates above 20-25 mph, the malfunction indicator re-illuminates and then it will remain illuminated for the entire ignition cycle, regardless of vehicle speed. We understand the noncompliance will only occur in the very rare case where the driver begins a trip and never exceeds the 20-25 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. Tesla states that they provide warnings and alerts above and beyond what is required by regulations and that the subject vehicles are equipped with an ``auxiliary'' screen which displays a diagram of the vehicle with respective tire positions and status of those respective tires. Tesla explained that this type of detailed information and multiple alerts ensures the driver is well informed of a potential low tire pressure condition. The agency evaluated the displays Tesla 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 that 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. Tesla 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 of low inflation pressure scenarios, is not affected. Tesla explained that in the subject vehicles, the TPMS only fails to operate properly when a faulty, missing or non-approved sensor is detected and the ignition is recycled. According to Tesla, if such a fault is detected, and then the ignition is cycled off and back on, the MIL will reset, thus requiring the system to re-detect the fault or missing/unapproved sensor versus immediately re-illuminating the MIL from the previously detected fault. The agency agrees with Tesla's reasoning that the primary function of the TPMS is to identify low tire inflation pressure conditions which Tesla's system does as required by the safety standard. There are a variety of other malfunctions that can occur in addition to the incompatible wheel/tire malfunction identified in this petition. We understand from Tesla that its TPMS will perform as required during all other type system malfunctions. Tesla 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 Tesla that looked at customer complaints, field communications, incidents or injuries related to this condition, NHTSA conducted additional 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 Tesla has met its burden of demonstrating that the FMVSS No. 138 noncompliance is inconsequential to motor vehicle safety. Accordingly, Tesla's petition is hereby granted and Tesla is exempted from the obligation of providing notification of, and a remedy for, that 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, this decision only applies to the subject nonconforming vehicles that Tesla no longer controlled at the time it determined that the noncompliance existed. However, the granting of this decision 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 Tesla 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. 2016-02722 Filed 2-10-16; 8:45 am] BILLING CODE 4910-59-P
![Federal Register / Vol. 81, No. 28 / Thursday, February 11, 2016 / Notices 7407
New Jersey Avenue SE., W12–140, ADDRESSES: For further information on (c) Combination low tire pressure/TPMS
Washington, DC 20590. this decision contact Kerrin Bressant, malfunction telltale. The vehicle meets the
• Hand Delivery: 1200 New Jersey Office of Vehicles Safety Compliance, requirements of S4.4(a) when equipped with
Avenue SE., Room W12–140, the National Highway Traffic Safety a combined Low Tire Pressure/TPMS
Washington, DC 20590, between 9 a.m. malfunction telltale that:
Administration (NHTSA), telephone (2) Flashes for a period of at least 60
and 5 p.m., Monday through Friday, (202) 366–1110, facsimile (202) 366– seconds but no longer than 90 seconds upon
except Federal Holidays. 3081. detection of any condition specified in
Communications received by March S4.4(a) after the ignition locking system is
SUPPLEMENTARY INFORMATION:
14, 2016 will be considered by FRA activated to the ‘‘On’’ (‘‘Run’’) position. After
before final action is taken. Comments I. Overview each period of prescribed flashing, the
received after that date will be Pursuant to 49 U.S.C. 30118(d) and telltale must remain continuously
considered as far as practicable. illuminated as long as a malfunction exists
30120(h) and the rule implementing
Anyone is able to search the and the ignition locking system is in the
those provisions at 49 CFR part 556, ‘‘On’’ (‘‘Run’’) position. This flashing and
electronic form of any written
communications and comments Tesla submitted a petition for an illumination sequence must be repeated each
received into any of our dockets by the exemption from the notification and time the ignition locking system is placed in
name of the individual submitting the remedy requirements of 49 U.S.C. the ‘‘On’’ (‘‘Run’’) position until the situation
Chapter 301 on the basis that this causing the malfunction has been
comment (or signing the document, if corrected. . . .
submitted on behalf of an association, noncompliance is inconsequential to
business, labor union, etc.). In motor vehicle safety. V. Summary of Tesla’s Analyses
accordance with 5 U.S.C. 553(c), DOT Notice of receipt of the petition was
published, with a 30-day public Tesla stated its belief that the subject
solicits comments from the public to noncompliance is inconsequential to
better inform its processes. DOT posts comment period, on June 24, 2015, in
the Federal Register (80 FR 36403). No motor vehicle safety for the following
these comments, without edit, including reasons:
any personal information the comments were received. To view the
commenter provides, to petition and all supporting documents (A) Tesla stated that although the TPMS
log onto the Federal Docket malfunction indicator will not illuminate
www.regulations.gov, as described in immediately after the vehicle is restarted, it
the system of records notice (DOT/ALL– Management System (FDMS) Web site
at: http://www.regulations.gov/. Then generally will illuminate shortly thereafter
14 FDMS), which can be reviewed at and in any event it will illuminate in no
www.dot.gov/privacy. See also http:// follow the online search instructions to
more than 90 seconds after the vehicle
www.regulations.gov/#!privacyNotice locate docket number ‘‘NHTSA–2014– accelerates between 20–25 mph. Tesla further
for the privacy notice of regulations.gov. 0096.’’ explained that additional warnings via the
II. Vehicles Involved ‘‘fault’’ display in the dashboard and the
Robert C. Lauby, auxiliary display warnings will appear anew.
Associate Administrator for Railroad Safety, Affected are approximately 542 MY Clearing this ‘‘new’’ warning in the auxiliary
Chief Safety Officer. 2008 Roadster model passenger cars screen will require the driver to ‘‘actively’’
[FR Doc. 2016–02776 Filed 2–10–16; 8:45 am] manufactured from February 1, 2008 (take positive action) to clear the screen.
BILLING CODE 4910–06–P through October 29, 2009. Tesla believes these additional steps required
to clear the auxiliary screen warning ensures
III. Noncompliance driver attention to the issue.
DEPARTMENT OF TRANSPORTATION Tesla explains that if a fault is (B) Tesla states that they provide warnings
detected in a sensor, because the sensor and alerts above and beyond what is required
National Highway Traffic Safety by regulations. Checks include wheel sensor
is faulty, missing or unapproved, the fitment (compatibility) and tire pressures. If
Administration Tire Pressure Monitoring System sensors are ‘‘new’’ (i.e., different from those
[Docket No. NHTSA–2014–0096; Notice 2] (TPMS) malfunction telltale will flash verified at the previous ignition cycle), the
for 60 to 90 seconds and then remain sensors are ‘‘learned’’ and after calibrations
Tesla Motors, Inc. (Tesla), Grant of continuously illuminated as required by performed, a check of all tires is again
Petition for Decision of FMVSS No. 138. However, the TPMS performed for any low pressure conditions.
Inconsequential Noncompliance malfunction telltale fails to operate In addition, the subject vehicles are equipped
properly when a faulty, missing or with an ‘‘auxiliary’’ screen which displays a
AGENCY: National Highway Traffic unapproved sensor is detected and then diagram of the vehicle with respective tire
Safety Administration (NHTSA), positions and status of those respective tires.
the vehicle’s ignition is cycled off and Tesla explained that this type of detailed
Department of Transportation (DOT). back on. In this situation, the information and multiple alerts ensures the
ACTION: Grant of petition. malfunction telltale in the subject driver is well informed of a potential low tire
SUMMARY: Tesla Motors, Inc. (Tesla) has vehicles does not re-illuminate pressure condition.
determined that certain model year immediately as required when the (C) Tesla said that the noncompliance is
vehicle’s ignition system is re-activated. confined to one particular aspect of the
(MY) 2008 Tesla Roadster passenger
Instead, the affected vehicles must reach functionality of the otherwise compliant
cars do not fully comply with paragraph TPMS malfunction indicator. All other
S4.4(c)(2), of Federal Motor Vehicle a speed between 20 miles per hour
(mph) and 25 mph for a maximum aspects of the low-pressure monitoring
Safety Standard (FMVSS) No. 138, Tire system functionality are fully compliant with
Pressure Monitoring Systems. Tesla filed period of at least 90 seconds before the the requirements of FMVSS No. 138.
TPMS malfunction telltale re-
mstockstill on DSK4VPTVN1PROD with NOTICES
a report dated August 1, 2014, pursuant (D) Tesla stated that it is not aware of any
to 49 CFR part 573, Defect and illuminates. customer complaints, field communications,
Noncompliance Responsibility and IV. Rule Text incidents or injuries related to the failure of
Reports. Tesla then petitioned NHTSA the TPMS noncompliance.
Paragraph S4.4(c)(2) of FMVSS No.
under 49 CFR part 556 requesting a In summation, Tesla believes that the
138 requires in pertinent part:
decision that the subject noncompliance described noncompliance of the subject
is inconsequential to motor vehicle S4.4 TPMS Malfunction. vehicles is inconsequential to motor
safety. * * * * * vehicle safety, and that its petition, to
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![7408 Federal Register / Vol. 81, No. 28 / Thursday, February 11, 2016 / Notices
exempt Tesla from providing recall be used as an aid to the driver to decision only applies to the subject
notification of noncompliance as determine the status of a vehicle’s tires. nonconforming vehicles that Tesla no
required by 49 U.S.C. 30118 and Tesla discussed that the longer controlled at the time it
remedying the noncompliance as noncompliance only involves one determined that the noncompliance
required by 49 U.S.C. 30120 should be specific aspect of the malfunction existed. However, the granting of this
granted. functionality and that the primary decision does not relieve vehicle
function of the TPMS, identification of distributors and dealers of the
NHTSA’s Decision other malfunctions and of low inflation prohibitions on the sale, offer for sale,
NHTSA’s Analysis: Tesla explained pressure scenarios, is not affected. Tesla or introduction or delivery for
that although the malfunction indicator explained that in the subject vehicles, introduction into interstate commerce of
does not re-illuminate immediately after the TPMS only fails to operate properly the noncompliant vehicles under their
the vehicle is restarted, it will when a faulty, missing or non-approved control after Tesla notified them that the
illuminate shortly thereafter—within 90 sensor is detected and the ignition is subject noncompliance existed.
seconds after the vehicle reaches a recycled. According to Tesla, if such a
Authority: 49 U.S.C. 30118, 30120:
speed between 20 mph and 25 mph. fault is detected, and then the ignition delegations of authority at 49 CFR 1.95 and
NHTSA recognizes that the is cycled off and back on, the MIL will 501.8.
malfunction indicator will not reset, thus requiring the system to re-
detect the fault or missing/unapproved Jeffrey M. Giuseppe,
illuminate as required for very short
sensor versus immediately re- Director, Office of Vehicle Safety Compliance.
periods of time—when the vehicle is
traveling at low speeds and thus poses illuminating the MIL from the [FR Doc. 2016–02722 Filed 2–10–16; 8:45 am]
little risk to vehicle safety. Under previously detected fault. BILLING CODE 4910–59–P
normal driving conditions, a driver will The agency agrees with Tesla’s
begin a trip by accelerating moderately reasoning that the primary function of
beyond 20–25 mph, and as explained by the TPMS is to identify low tire DEPARTMENT OF TRANSPORTATION
Tesla, once the vehicle accelerates inflation pressure conditions which
Tesla’s system does as required by the National Highway Traffic Safety
above 20–25 mph, the malfunction Administration
safety standard. There are a variety of
indicator re-illuminates and then it will
other malfunctions that can occur in [Docket No. NHTSA–2014–0094; Notice 2]
remain illuminated for the entire
addition to the incompatible wheel/tire
ignition cycle, regardless of vehicle
malfunction identified in this petition. Ferrari North America, Inc., Grant of
speed. We understand the
We understand from Tesla that its Petition for Decision of
noncompliance will only occur in the
TPMS will perform as required during Inconsequential Noncompliance
very rare case where the driver begins
all other type system malfunctions.
a trip and never exceeds the 20–25 mph Tesla mentioned that they have not AGENCY: National Highway Traffic
threshold, the speed required to re- received or are aware of any consumer Safety Administration (NHTSA),
activate the malfunction indicator. No complaints, field communications, Department of Transportation (DOT).
real safety risk exists because at such incidences or injuries related to this ACTION: Grant of petition.
low speeds there is little risk of vehicle noncompliance. In addition to the
loss of control due to underinflated SUMMARY: Ferrari North America, Inc.
analysis done by Tesla that looked at
tires. Furthermore, the possibility that customer complaints, field (FNA), has determined that certain
the vehicle will experience both a low communications, incidents or injuries model year (MY) 2007–2009 Ferrari
inflation pressure condition and a related to this condition, NHTSA F430 passenger cars do not fully comply
malfunction simultaneously is highly conducted additional checks of with paragraph S4.4(c)(2), of Federal
unlikely. NHTSA’s Office of Defects Motor Vehicle Safety Standard (FMVSS)
Tesla states that they provide Investigations consumer complaint No. 138, Tire Pressure Monitoring
warnings and alerts above and beyond database and found no related Systems. FNA filed a report dated July
what is required by regulations and that complaints. 16, 2014, pursuant to 49 CFR part 573,
the subject vehicles are equipped with NHTSA’s Decision: In consideration Defect and Noncompliance
an ‘‘auxiliary’’ screen which displays a of the foregoing analysis, NHTSA has Responsibility and Reports. FNA then
diagram of the vehicle with respective decided that Tesla has met its burden of petitioned NHTSA under 49 CFR part
tire positions and status of those demonstrating that the FMVSS No. 138 556 requesting a decision that the
respective tires. Tesla explained that noncompliance is inconsequential to subject noncompliance is
this type of detailed information and motor vehicle safety. Accordingly, inconsequential to motor vehicle safety.
multiple alerts ensures the driver is well Tesla’s petition is hereby granted and ADDRESSES: For further information on
informed of a potential low tire pressure Tesla is exempted from the obligation of this decision contact Kerrin Bressant,
condition. providing notification of, and a remedy Office of Vehicles Safety Compliance,
The agency evaluated the displays for, that the subject noncompliance the National Highway Traffic Safety
Tesla uses in the noncompliant under 49 U.S.C. 30118 and 30120. Administration (NHTSA), telephone
vehicles. In addition to the combination NHTSA notes that the statutory (202) 366–1110, facsimile (202) 366–
telltale indicator lamp, the subject provisions (49 U.S.C. 30118(d) and 3081.
vehicles are equipped with a ‘‘plan 30120(h)) that permit manufacturers to SUPPLEMENTARY INFORMATION:
mstockstill on DSK4VPTVN1PROD with NOTICES
view’’ icon which displays the pressures file petitions for a determination of
for all four wheels individually. If any inconsequentiality allow NHTSA to I. Overview
wheel has a malfunctioning pressure exempt manufacturers only from the Pursuant to 49 U.S.C. 30118(d) and
sensor the indicator for that wheel duties found in sections 30118 and 30120(h) and the rule implementing
displays several dashes indicating that 30120, respectively, to notify owners, those provisions at 49 CFR part 556,
there is a problem with that respective purchasers, and dealers of a defect or FNA submitted a petition for an
wheel. The additional information is not noncompliance and to remedy the exemption from the notification and
required by the safety standard but can defect or noncompliance. Therefore, this remedy requirements of 49 U.S.C.
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Document Created: 2016-02-11 00:03:37
Document Modified: 2016-02-11 00:03:37
| 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 7407 |
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