81 FR 7410 - Automobili Lamborghini S.p.A., 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 | 7410-7411 | |
| FR Document | 2016-02721 |
[Federal Register Volume 81, Number 28 (Thursday, February 11, 2016)] [Notices] [Pages 7410-7411] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-02721] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2014-0077; Notice 2] Automobili Lamborghini S.p.A., Grant of Petition for Decision of Inconsequential Noncompliance AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Grant of petition. ----------------------------------------------------------------------- SUMMARY: Automobili Lamborghini S.p.A.(Lamborghini) has determined that certain model year (MY) 2008-2014 Lamborghini 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. Lamborghini filed a report dated May 23, 2014, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. Lamborghini 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, Lamborghini 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 17, 2015, in the Federal Register (80 FR 34788). 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-2014-0077.'' II. Vehicles Involved: Affected are 690 MY 2012-2014 Lamborghini Aventador Coupe and Roadster model passenger cars manufactured between July 15, 2011 and May 13, 2014; 456 MY 2008-2010 Lamborghini Muricielago Coupe and Roadster model passenger cars manufactured between April 3, 2007 and April 29, 2010; and 2361 Lamborghini Gallardo Coupe and Spyder model passenger cars manufactured between June 14, 2007 and November 20, 2013, for a total of 3507 vehicles. III. Noncompliance: Lamborghini explains that during testing of the tire pressure monitoring system (TPMS) it was noted that the fitment of an incompatible wheel and tire unit was correctly detected and the malfunction indicator telltale illuminated as required by FMVSS No. 138. However, when the vehicle ignition was deactivated and then reactivated after a five minute period, there was no immediate re- illumination of the malfunction indicator telltale as required when the malfunction still exists. Although the malfunction indicator telltale does not re-illuminate immediately after the vehicle ignition is reactivated, it does illuminate in no more than 40 seconds after the vehicle is driven 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 Lamborghini's Analyses: Lamborghini stated its belief that the subject noncompliance is inconsequential to motor vehicle safety for the following reasons: (A) Lamborghini stated that although the TPMS malfunction indicator telltale will not illuminate immediately after the vehicle is restarted, it will illuminate shortly thereafter and in any event it will illuminate in no more than 40 seconds. Lamborghini further explained that once the vehicle has started and is moving above 23 mph for a period of 15 seconds, the TPMS will seek to confirm the sensors fitted to the vehicle. Lamborghini explains that a wheel without a sensor will be detected within an additional 15-25 seconds and [[Page 7411]] the TPMS malfunction indicator will then illuminate correctly. Once the malfunction indicator is illuminated, it will remain illuminated throughout that ignition cycle regardless of vehicle speed. (B) Lamborghini explained that if the TPMS fails to detect the wheel sensors, the TPMS will in fact display on the TPMS pressures screen within the instrument cluster no value for the tire pressure on the affected tire, indicating that the status of the wheel sensor is unconfirmed. This information will provide the driver notification of a TPMS anomaly. (C) Lamborghini states 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) Lamborghini mentioned that NHTSA recognized in the TPMS final rule (70 FR 18150, April 8, 2005), ``A TPMS malfunction does not itself represent a safety risk to vehicle occupants, and we expect that the chances of having a TPMS malfunction and a significantly under-inflated tire at the same time are unlikely.'' Lamborghini responded by saying that if a TPMS malfunction is not considered a safety risk, then ipso facto the limited noncompliance of the malfunction indicator in this case does not present an unreasonable risk to safety. (E) Lamborghini stated that it is not aware of any customer complaints, field communications, incidents or injuries related to this condition. (F) Lamborghini said it has fixed all unsold vehicles in its custody and control so that they are fully compliant with FMVSS No 138. In summation, Lamborghini believes that the described noncompliance of the subject vehicles is inconsequential to motor vehicle safety, and that its petition, to exempt Lamborghini 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: Lamborghini explained that although the malfunction indicator does not re-illuminate immediately after the vehicle is restarted, it will illuminate shortly thereafter--within no more than 40 seconds once the vehicle has accelerated above 23 mph. NHTSA agrees with Lamborghini 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 Lamborghini, the malfunction indicator illumination will occur shortly thereafter--within no more than 40 seconds. The malfunction indicator subsequently 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. Lamborghini explained that if the TPMS fails to detect the wheel sensors, the TPMS will in fact display on the TPMS pressures screen within the instrument cluster no value for the tire pressure of the affected tire, indicating that the status of the wheel sensor is unconfirmed. The agency evaluated the displays Lamborghini 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 either the pressures for all four wheels individually or specifically identifies an individual tire with a large drop in pressure. If any wheel has a malfunctioning pressure sensor the indicator for that wheel displays either a red danger symbol (Priority 1) or a yellow warning symbol (Priority 2) depending on the nature of the problem. This 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. Lamborghini 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 Lamborghini's reasoning that the primary function of the TPMS is to identify low tire inflation pressure conditions which Lamborghini'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 warning malfunction identified in this petition. We understand from Lamborghini that the TPMS installed in the subject vehicles will otherwise perform as required. Lamborghini 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 Lamborghini 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 Lamborghini has met its burden of demonstrating that the FMVSS No. 138 noncompliance is inconsequential to motor vehicle safety. Accordingly, Lamborghini's petition is hereby granted and Lamborghini 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 Lamborghini 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 Lamborghini 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. 2016-02721 Filed 2-10-16; 8:45 am] BILLING CODE 4910-59-P
![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
VerDate Sep<11>2014 16:52 Feb 10, 2016 Jkt 238001 PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 E:\FR\FM\11FEN1.SGM 11FEN1](https://thefederalregister.org/doc/81_FR_7438/page/1.svg)
![Federal Register / Vol. 81, No. 28 / Thursday, February 11, 2016 / Notices 7411
the TPMS malfunction indicator will illuminate as required during very short variety of other malfunctions that can
then illuminate correctly. Once the periods of time when the vehicle is occur in addition to the incompatible
malfunction indicator is illuminated, it traveling at low speeds and thus poses wheel/tire warning malfunction
will remain illuminated throughout that little risk to vehicle safety. Under identified in this petition. We
ignition cycle regardless of vehicle normal driving conditions, a driver will understand from Lamborghini that the
speed. begin a trip by accelerating moderately TPMS installed in the subject vehicles
(B) Lamborghini explained that if the beyond 23 mph, and as explained by will otherwise perform as required.
TPMS fails to detect the wheel sensors, Lamborghini, the malfunction indicator
the TPMS will in fact display on the illumination will occur shortly Lamborghini mentioned that they
TPMS pressures screen within the thereafter—within no more than 40 have not received or are aware of any
instrument cluster no value for the tire seconds. The malfunction indicator consumer complaints, field
pressure on the affected tire, indicating subsequently re-illuminates and then it communications, incidences or injuries
that the status of the wheel sensor is will remain illuminated for the entire related to this noncompliance. In
unconfirmed. This information will ignition cycle, regardless of vehicle addition to the analysis done by
provide the driver notification of a speed. We agree the noncompliance will Lamborghini that looked at customer
TPMS anomaly. only occur in the very rare case where complaints, field communications,
(C) Lamborghini states that the the driver begins a trip and never incidents or injuries related to this
noncompliance is confined to one exceeds the 23 mph threshold, the condition, NHTSA conducted
particular aspect of the functionality of speed required to re-activate the additional checks of NHTSA’s Office of
the otherwise compliant TPMS malfunction indicator. No real safety Defects Investigations consumer
malfunction indicator. All other aspects risk exists because at such low speeds complaint database and found no
of the low-pressure monitoring system there is little risk of vehicle loss of related complaints.
functionality are fully compliant with control due to underinflated tires.
the requirements of FMVSS No. 138. Furthermore, the possibility that the NHTSA’s Decision: In consideration
(D) Lamborghini mentioned that vehicle will experience both a low of the foregoing analysis, NHTSA has
NHTSA recognized in the TPMS final inflation pressure condition and a decided that Lamborghini has met its
rule (70 FR 18150, April 8, 2005), ‘‘A malfunction simultaneously is highly burden of demonstrating that the
TPMS malfunction does not itself unlikely. FMVSS No. 138 noncompliance is
represent a safety risk to vehicle Lamborghini explained that if the inconsequential to motor vehicle safety.
occupants, and we expect that the TPMS fails to detect the wheel sensors, Accordingly, Lamborghini’s petition is
chances of having a TPMS malfunction the TPMS will in fact display on the hereby granted and Lamborghini is
and a significantly under-inflated tire at TPMS pressures screen within the exempted from the obligation of
the same time are unlikely.’’ instrument cluster no value for the tire providing notification of, and a remedy
Lamborghini responded by saying that if pressure of the affected tire, indicating for, the subject noncompliance under 49
a TPMS malfunction is not considered that the status of the wheel sensor is U.S.C. 30118 and 30120.
a safety risk, then ipso facto the limited unconfirmed.
The agency evaluated the displays NHTSA notes that the statutory
noncompliance of the malfunction provisions (49 U.S.C. 30118(d) and
indicator in this case does not present Lamborghini uses in the noncompliant
vehicles. In addition to the combination 30120(h)) that permit manufacturers to
an unreasonable risk to safety.
(E) Lamborghini stated that it is not telltale indicator lamp, the subject file petitions for a determination of
aware of any customer complaints, field vehicles are equipped with a ‘‘plan inconsequentiality allow NHTSA to
communications, incidents or injuries view’’ icon which displays either the exempt manufacturers only from the
related to this condition. pressures for all four wheels duties found in sections 30118 and
(F) Lamborghini said it has fixed all individually or specifically identifies an 30120, respectively, to notify owners,
unsold vehicles in its custody and individual tire with a large drop in purchasers, and dealers of a defect or
control so that they are fully compliant pressure. If any wheel has a noncompliance and to remedy the
with FMVSS No 138. malfunctioning pressure sensor the defect or noncompliance. Therefore, this
In summation, Lamborghini believes indicator for that wheel displays either decision only applies to the subject
that the described noncompliance of the a red danger symbol (Priority 1) or a noncompliant vehicles that
subject vehicles is inconsequential to yellow warning symbol (Priority 2) Lamborghini no longer controlled at the
motor vehicle safety, and that its depending on the nature of the problem. time it determined that the
petition, to exempt Lamborghini from This additional information is not noncompliance existed. However, the
providing recall notification of required by the safety standard, but can granting of this petition does not relieve
noncompliance as required by 49 U.S.C. be used as an aid to the driver to vehicle distributors and dealers of the
30118 and remedying the recall determine the status of a vehicle’s tires. prohibitions on the sale, offer for sale,
noncompliance as required by 49 U.S.C. Lamborghini discussed that the or introduction or delivery for
30120 should be granted. noncompliance only involves one
introduction into interstate commerce of
specific aspect of the malfunction
NHTSA’s Decision the noncompliant vehicles under their
functionality and that the primary
control after Lamborghini notified them
NHTSA’s Analysis: Lamborghini function of the TPMS, identification of
that the subject noncompliance existed.
explained that although the malfunction other malfunctions and identification of
mstockstill on DSK4VPTVN1PROD with NOTICES
indicator does not re-illuminate low inflation pressure scenarios, is not Authority: 49 U.S.C. 30118, 30120:
immediately after the vehicle is affected. delegations of authority at 49 CFR 1.95 and
restarted, it will illuminate shortly The agency agrees with Lamborghini’s 501.8.
thereafter—within no more than 40 reasoning that the primary function of
Jeffrey M. Giuseppe,
seconds once the vehicle has the TPMS is to identify low tire
accelerated above 23 mph. inflation pressure conditions which Director, Office of Vehicle Safety Compliance.
NHTSA agrees with Lamborghini that Lamborghini’s system does as required [FR Doc. 2016–02721 Filed 2–10–16; 8:45 am]
the malfunction indicator will not by the safety standard. There are a BILLING CODE 4910–59–P
VerDate Sep<11>2014 16:52 Feb 10, 2016 Jkt 238001 PO 00000 Frm 00128 Fmt 4703 Sfmt 9990 E:\FR\FM\11FEN1.SGM 11FEN1](https://thefederalregister.org/doc/81_FR_7438/page/2.svg)
Document Created: 2016-02-11 00:03:08
Document Modified: 2016-02-11 00:03:08
| 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 7410 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR