81 FR 7408 - Ferrari North America, Inc., 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 | 7408-7410 | |
| FR Document | 2016-02726 |
[Federal Register Volume 81, Number 28 (Thursday, February 11, 2016)] [Notices] [Pages 7408-7410] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-02726] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2014-0094; Notice 2] Ferrari 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: Ferrari North America, Inc. (FNA), has determined that certain model year (MY) 2007-2009 Ferrari F430 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. FNA filed a report dated July 16, 2014, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. FNA 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, FNA submitted a petition for an exemption from the notification and remedy requirements of 49 U.S.C. [[Page 7409]] 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 17, 2015, in the Federal Register (80 FR 34787). 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-2014-0094.'' II. Vehicles Involved Affected are approximately 1,975 MY 2007-2009 Ferrari model F430 passenger cars manufactured from September 1, 2007 through July 29, 2009. III. Noncompliance FNA explains that the Tire Pressure Monitoring System (TPMS) malfunction indicator illuminates as required by FMVSS No. 138 when a malfunction is first detected, however, if the malfunction is caused by an incompatible wheel, when the vehicle ignition is deactivated and then reactivated to the ``On'' (``Run'') position after a five-minute period, the malfunction indicator does not re-illuminate immediately as required. FNA added, that the malfunction indicator in the subject vehicles will re-illuminate after a maximum of 40 seconds of driving 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 FNA's Analyses FNA stated its belief that the subject noncompliance is inconsequential to motor vehicle safety for the following reasons: (A) FNA stated that the TPMS in the subject vehicles generally functions properly to alert the driver to a low tire pressure. Moreover, the TPMS malfunction indicator illuminates as required when a problem is first detected. If, however, there is an incompatible wheel and tire unit, when the vehicle ignition is deactivated and then reactivated after a five-minute period, the malfunction indicator does not re-illuminate immediately as required by FMVSS No. 138. According to FNA, the malfunction indicator will illuminate shortly thereafter, and, in any event, it will illuminate in no more than 40 seconds after the vehicle accelerates above 23 mph. Once the vehicle has accelerated above 23 mph for a period of 15 seconds, the TPMS will seek to confirm the sensors fitted to the vehicle, and in the case a sensor is not fitted, the TPMS will detect this condition within a maximum of 25 additional seconds and activate the malfunction indicator. Thus, FNA explained that even in the presence of the noncompliance, drivers are warned of the malfunction in less than one minute of driving at or above normal urban speeds. (B) FNA further explained that if the TPMS fails to detect a compatible wheel sensor, the TPMS monitor will display no value for the tire pressure of the affected wheel(s). The TPMS monitor will alert the driver to the fact that something is not functioning properly with the system, pending the illumination of the malfunction indicator. (C) FNA 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) FNA said it is not aware of any customer complaints, field communications, incidents or injuries related to this condition. In summation, FNA believes that the described noncompliance of the subject vehicles is inconsequential to motor vehicle safety, and that its petition, to exempt FNA from providing 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: FNA explained that although the malfunction indicator does not re-illuminate immediately after the vehicle is restarted, it will illuminate shortly thereafter--within 40 seconds after the vehicle speed exceeds 23 mph. NHTSA agrees with FNA that the malfunction indicator will not illuminate as required during very short periods of time when the vehicle is traveling at low speeds and thus poses little risk to vehicle safety. Under normal driving conditions, a driver will begin a trip by accelerating moderately beyond 23 mph, and as explained by FNA, once the vehicle accelerates above 23 mph, the malfunction indicator re-illuminates and then it will remain illuminated for the entire ignition cycle, regardless of vehicle speed. We agree the noncompliance will only occur in the very rare case where the driver begins a trip and never exceeds the 23 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. FNA stated that if the TPMS fails to detect the wheel sensors, a TPMS monitor is also provided that displays on its TPMS pressures screen ``--'' warning the driver that the status of the wheel sensor is not confirmed. The agency evaluated the displays FNA 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. FNA discussed that the noncompliance only involves one specific aspect of the malfunction and that the primary functions of the TPMS, identification of other malfunctions and identification of low inflation pressure scenarios, is not affected. The agency agrees with FNA's reasoning that the primary function of the TPMS is to identify low tire inflation pressure conditions which FNA's system does as required by the [[Page 7410]] safety standard. Also, there are a variety of other malfunctions that can occur in addition to the delayed re-illumination malfunction identified in this petition. We understand from FNA that the TPMS installed in the subject vehicles will otherwise perform as required. FNA 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 FNA 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 two subject vehicle complaints both of which were determined to be unrelated to this petition. NHTSA's Decision: In consideration of the foregoing analysis, NHTSA has decided that FNA has met its burden of demonstrating that the FMVSS No. 138 noncompliance is inconsequential to motor vehicle safety. Accordingly, FNA's petition is hereby granted and FNA is exempted from the obligation of providing notification of, and a 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, this decision only applies to the subject noncompliant vehicles that FNA 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 FNA 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. 2016-02726 Filed 2-10-16; 8:45 am] BILLING CODE 4910-59-P
![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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![7410 Federal Register / Vol. 81, No. 28 / Thursday, February 11, 2016 / Notices
safety standard. Also, there are a variety DEPARTMENT OF TRANSPORTATION and April 29, 2010; and 2361
of other malfunctions that can occur in Lamborghini Gallardo Coupe and
addition to the delayed re-illumination National Highway Traffic Safety Spyder model passenger cars
malfunction identified in this petition. Administration manufactured between June 14, 2007
We understand from FNA that the [Docket No. NHTSA–2014–0077; Notice 2] and November 20, 2013, for a total of
TPMS installed in the subject vehicles 3507 vehicles.
will otherwise perform as required. Automobili Lamborghini S.p.A., Grant III. Noncompliance: Lamborghini
of Petition for Decision of explains that during testing of the tire
FNA mentioned that they have not
Inconsequential Noncompliance pressure monitoring system (TPMS) it
received or are aware of any consumer
was noted that the fitment of an
complaints, field communications, AGENCY: National Highway Traffic incompatible wheel and tire unit was
incidences or injuries related to this Safety Administration (NHTSA), correctly detected and the malfunction
noncompliance. In addition to the Department of Transportation (DOT). indicator telltale illuminated as required
analysis done by FNA that looked at ACTION: Grant of petition. by FMVSS No. 138. However, when the
customer complaints, field vehicle ignition was deactivated and
communications, incidents or injuries SUMMARY: Automobili Lamborghini then reactivated after a five minute
related to this condition, NHTSA S.p.A.(Lamborghini) has determined period, there was no immediate re-
conducted additional checks of that certain model year (MY) 2008–2014 illumination of the malfunction
NHTSA’s Office of Defects Lamborghini passenger cars do not fully indicator telltale as required when the
Investigations consumer complaint comply with paragraph S4.4(c)(2), of malfunction still exists. Although the
database and found two subject vehicle Federal Motor Vehicle Safety Standard malfunction indicator telltale does not
complaints both of which were (FMVSS) No. 138, Tire Pressure re-illuminate immediately after the
determined to be unrelated to this Monitoring Systems. Lamborghini filed vehicle ignition is reactivated, it does
petition. a report dated May 23, 2014, pursuant illuminate in no more than 40 seconds
NHTSA’s Decision: In consideration to 49 CFR part 573, Defect and after the vehicle is driven above 23
of the foregoing analysis, NHTSA has Noncompliance Responsibility and miles per hour (mph).
Reports. Lamborghini then petitioned IV. Rule Text: Paragraph S4.4(c)(2) of
decided that FNA has met its burden of
NHTSA under 49 CFR part 556 FMVSS No. 138 requires in pertinent
demonstrating that the FMVSS No. 138
requesting a decision that the subject part:
noncompliance is inconsequential to
noncompliance is inconsequential to
motor vehicle safety. Accordingly, S4.4 TPMS Malfunction.
motor vehicle safety.
FNA’s petition is hereby granted and * * * * *
FNA is exempted from the obligation of ADDRESSES: For further information on (c) Combination low tire pressure/TPMS
providing notification of, and a remedy this decision contact Kerrin Bressant, malfunction telltale. The vehicle meets the
for, the subject noncompliance under 49 Office of Vehicles Safety Compliance, requirements of S4.4(a) when equipped with
U.S.C. 30118 and 30120. the National Highway Traffic Safety a combined Low Tire Pressure/TPMS
Administration (NHTSA), telephone malfunction telltale that:
NHTSA notes that the statutory (202) 366–1110, facsimile (202) 366– (2) Flashes for a period of at least 60
provisions (49 U.S.C. 30118(d) and 3081. seconds but no longer than 90 seconds upon
30120(h)) that permit manufacturers to detection of any condition specified in
SUPPLEMENTARY INFORMATION: S4.4(a) after the ignition locking system is
file petitions for a determination of
I. Overview: Pursuant to 49 U.S.C. activated to the ‘‘On’’ (‘‘Run’’) position. After
inconsequentiality allow NHTSA to each period of prescribed flashing, the
exempt manufacturers only from the 30118(d) and 30120(h) and the rule
implementing those provisions at 49 telltale must remain continuously
duties found in sections 30118 and illuminated as long as a malfunction exists
30120, respectively, to notify owners, CFR part 556, Lamborghini submitted a and the ignition locking system is in the
petition for an exemption from the ‘‘On’’ (‘‘Run’’) position. This flashing and
purchasers, and dealers of a defect or
notification and remedy requirements of illumination sequence must be repeated each
noncompliance and to remedy the
49 U.S.C. Chapter 301 on the basis that time the ignition locking system is placed in
defect or noncompliance. Therefore, this
this noncompliance is inconsequential the ‘‘On’’ (‘‘Run’’) position until the situation
decision only applies to the subject causing the malfunction has been
to motor vehicle safety.
noncompliant vehicles that FNA no corrected. . . .
Notice of receipt of the petition was
longer controlled at the time it
published, with a 30-day public V. Summary of Lamborghini’s
determined that the noncompliance
comment period, on June 17, 2015, in Analyses: Lamborghini stated its belief
existed. However, the granting of this
the Federal Register (80 FR 34788). No that the subject noncompliance is
petition does not relieve vehicle
comments were received. To view the inconsequential to motor vehicle safety
distributors and dealers of the
petition and all supporting documents for the following reasons:
prohibitions on the sale, offer for sale, log onto the Federal Docket (A) Lamborghini stated that although
or introduction or delivery for Management System (FDMS) Web site the TPMS malfunction indicator telltale
introduction into interstate commerce of at: http://www.regulations.gov/. Then will not illuminate immediately after
the noncompliant vehicles under their follow the online search instructions to the vehicle is restarted, it will
control after FNA notified them that the locate docket number ‘‘NHTSA–2014– illuminate shortly thereafter and in any
subject noncompliance existed. 0077.’’ event it will illuminate in no more than
mstockstill on DSK4VPTVN1PROD with NOTICES
Authority: 49 U.S.C. 30118, 30120: II. Vehicles Involved: Affected are 690 40 seconds. Lamborghini further
delegations of authority at 49 CFR 1.95 and MY 2012–2014 Lamborghini Aventador explained that once the vehicle has
501.8. Coupe and Roadster model passenger started and is moving above 23 mph for
cars manufactured between July 15, a period of 15 seconds, the TPMS will
Jeffrey M. Giuseppe,
2011 and May 13, 2014; 456 MY 2008– seek to confirm the sensors fitted to the
Director, Office of Vehicle Safety Compliance. 2010 Lamborghini Muricielago Coupe vehicle. Lamborghini explains that a
[FR Doc. 2016–02726 Filed 2–10–16; 8:45 am] and Roadster model passenger cars wheel without a sensor will be detected
BILLING CODE 4910–59–P manufactured between April 3, 2007 within an additional 15–25 seconds and
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Document Created: 2016-02-11 00:03:19
Document Modified: 2016-02-11 00:03:19
| 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 7408 |
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