American Honda Motor Co., Inc., Grant of Petition for Decision of Inconsequential Noncompliance, 78564-78565 [2014-30487]
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Federal Register / Vol. 79, No. 249 / Tuesday, December 30, 2014 / Notices
exempt manufacturers only from the
duties found in sections 30118 and
30120, respectively, to notify owners,
purchasers, and dealers of a defect or
noncompliance and to remedy the
defect or noncompliance. Therefore, any
decision on this petition only applies to
the subject tires that CMA and DCHL no
longer controlled at the time it
determined that the noncompliance
existed. However, the granting of this
petition does not relieve CMA and
DCHL distributors and dealers of the
prohibitions on the sale, offer for sale,
or introduction or delivery for
introduction into interstate commerce of
the noncompliant tires under their
control after CMA and DCHL 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,
Acting Director, Office of Vehicle Safety
Compliance.
[FR Doc. 2014–30486 Filed 12–29–14; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2012–0147; Notice 2]
American Honda Motor Co., Inc., Grant
of Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration, DOT.
ACTION: Grant of petition.
AGENCY:
American Honda Motor Co.,
Inc. (Honda) has determined that the
tire pressure monitoring system (TPMS)
low tire pressure warning for certain
model year (MY) 2011 and 2012 Acura
TSX passenger cars equipped with
accessory 18-inch diameter wheels sold
at Honda dealerships do not comply
with paragraph S4.2(a) of Federal Motor
Vehicle Safety Standard (FMVSS) No.
138 Tire Pressure Monitoring Systems.
Honda has filed an appropriate report
dated September 27, 2012, pursuant to
49 CFR part 573, Defect and
Noncompliance Responsibility and
Reports.
ADDRESSES: For further information on
this decision contact Maurice Hicks,
Office of Vehicle Safety Compliance, the
National Highway Traffic Safety
Administration (NHTSA), telephone
(202) 366–1708, facsimile (202) 366–
5930.
SUPPLEMENTARY INFORMATION:
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
21:42 Dec 29, 2014
Jkt 235001
I. Honda’s Petition: Pursuant to 49
U.S.C. 30118(d) and 30120(h) and the
rule implementing those provisions at
49 CFR part 556, Honda 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 Honda’s petition
was published, with a 30-day public
comment period, on July 22, 2013, in
the Federal Register (78 FR 43965.) No
comments were received. To view the
petition and all supporting documents
log onto the Federal Docket
Management System (FDMS) Web site
at: https://www.regulations.gov/. Then
follow the online search instructions to
locate docket number ‘‘NHTSA–2012–
0147.’’
II. Vehicles Involved: Affected are
approximately 212 model years 2011
and 2012 Acura TSX passenger cars
equipped with accessory 18-inch
diameter wheels sold at Honda
dealerships.
III. Noncompliance: Honda explains
that the noncompliance is that when the
accessory wheels and tires are installed
on the subject vehicles, the preset TPMS
warning level cannot be adjusted to
warn at a higher cold inflation pressure
for the accessory tires. The TPMS
system on these vehicles is set for the
OEM 17-inch diameter tires with
recommended 230 kPa (33 psi), not the
accessory 18-inch tires with
recommended 260 kPa (38 psi).
Honda set the TPMS warning level for
the OEM tires at 183 kPa (26.5 psi),
which is approximately 20 percent
below the recommended inflation
pressure. Standard 138 requires a
warning when the pressure is equal to
or less than 25 percent below the
recommended inflation pressure. For
the accessory tires, 25 percent below
260 kPa (38 psi) is 195 kPa (28.3 psi),
but the telltale does not illuminate until
the tire pressure reaches 183 kPa (26.5
psi). Therefore, the vehicles do not
comply with paragraph S4.2(a) of
FMVSS No. 138.
IV. Rule Text: Paragraph S4.2(a) of
FMVSS No. 138 requires in pertinent
part:
S4.2 TPMS detection requirements.
The tire pressure monitoring system
must:
(a) Illuminate a low tire pressure warning
telltale not more than 20 minutes after the
inflation pressure in one or more of the
vehicle’s tires, up to a total of four tires, is
equal to or less than either the pressure 25
percent below the vehicle manufacturer’s
recommended cold inflation pressure, or the
pressure specified in the 3rd column of Table
1 of this standard for the corresponding type
of tire, whichever is higher;
PO 00000
Frm 00184
Fmt 4703
Sfmt 4703
V. Summary of Honda’s Analyses: A
total of approximately 848 wheels, or
212 complete wheel sets, were sold to
Acura dealerships by Honda between
November 2010 and April 2012. These
wheels were sold with a replacement
tire pressure placard, in accordance
with the requirements of FMVSS No.
110 ‘‘Tire Selection and Rims’’,
indicating an inflation pressure of 260
kPa (38 psi) for the recommended 225/
45ZR 18 tire size with an 95Y load
capacity rating. There have been no
reports of crashes, injuries or death as
a result of the accessory tire being used
with the standard TPMS threshold.
After the beginning of retail sales of
2012 model year Acura TSX models
Honda discovered that the
recommended electronic method of
updating the TPMS setting for these
accessory wheels would incorrectly
inform technicians that the adjustments
had been completed successfully. The
result is that the TPMS warning
threshold remains at Honda’s setting for
the OEM 17-inch diameter wheels of not
less than 183kPa (26.5psi) for the
standard recommended tire pressure of
230kPa (33psi). The minimum allowable
TPMS threshold for the 18-inch
diameter accessory wheels would be
195kPA (28 psi) (28.3psi using
conversion factor 1psi = 6.895kPa),
based on the recommended pressure of
260kPa (38psi) as indicated on the tire
pressure placard.
Honda believes that this
noncompliance is inconsequential to
motor vehicle safety because even at the
lower TPMS threshold, adequate load
capacity remains for the tires on these
vehicles. Honda indicated that it also
conducted dynamic testing to confirm
that the handling and stability of the
vehicle is not adversely affected at the
lower pressures.
The maximum load capacity for each
of the P225/45ZR 18 95Y tires for this
vehicle is 575 kilograms (1,268lbs) at
230kPa (33psi), calculated using the
Japan Automotive Tyre Manufacturer’s
Association (JATMA) method, as
recognized by NHTSA in FMVSS No.
110. The maximum allowable load
according to the Gross Axle Weight
Ratings (GAWR) for a 2011 or 2012
Acura TSX is 546.6 kilograms (1,207.2
lbs) for each front tire and 514.9
kilograms (1,135 lbs) for each rear tire,
well within the load capacity specified
by JATMA.
At 80% of the lower pressure for the
OEM 17-inch tires (230kPa (33psi), as
opposed to the 260kPa (38psi)
recommended on the tire pressure
placard for the 18-inch accessory tires),
the low tire pressure indicator will
illuminate at 183kPa (26.5psi).
E:\FR\FM\30DEN1.SGM
30DEN1
Federal Register / Vol. 79, No. 249 / Tuesday, December 30, 2014 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
Honda has additionally informed
NHTSA that it has corrected the
noncompliance so that all future
vehicles will comply with FMVSS No.
138.
In summation, Honda believes that
the described noncompliance of its
vehicles is inconsequential to motor
vehicle safety, and that its petition, to
exempt 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.
I. NHTSA’s Analysis and Decision
Honda is petitioning NHTSA for
exemption on the basis that the
noncompliance is inconsequential to
safety because the accessory wheels and
tires have adequate load carrying
capacity at the lower tire pressure of the
17-inch OEM tires and because the
handling and stability of the vehicle is
not adversely affected at this lower
pressure as confirmed by Honda’s own
dynamic testing. Honda used similar
arguments that were accepted by
NHTSA in granting the Part 556
exemption for the TPMS noncompliance
involving certain 2008 and 2009 Honda
Civics (see 77 FR 43145 on July 23,
2012).
NHTSA agrees with Honda that the
accessory tires inflated to 230 kPa (33
psi) that is the lower pressure for the
OEM 17-inch tires will have adequate
load carrying capacity to accommodate
the maximum weight of the subject
vehicles. Similar to the agency’s
previous conclusion in responding to
the Honda Civic petition and as
required by FMVSS No. 110, the tire’s
load ratings must be equal to or exceed
the load applied when the vehicle is at
its maximum loaded weight. FMVSS
No. 110, section S4.2.1.1, states that,
‘‘The vehicle maximum load on the tire
shall not be greater than the applicable
maximum load rating as marked on the
sidewall of the tire.’’ According to
Honda, for a 2011 or 2012 Acura TSX,
each front tire would be required to
support a maximum load of 546.6
kilograms (1,207.2 lbs) to accommodate
the GAWR of the front axle. Likewise,
for each rear tire, a load rating of 514.9
kilograms (1,135 lbs) or more would be
needed to support the GAWR of the rear
axle.
Data from the Japan Automotive Tyre
Manufacturers’ Association, a reference
recognized in FMVSS No. 110, indicate
that for each P225/45ZR 18 95Y
accessory tire, the load rating is
calculated to be 575 kilograms
(1,268lbs) at the lower pressure of the
original tires, 230 kPa (33psi). This load
VerDate Sep<11>2014
21:42 Dec 29, 2014
Jkt 235001
rating is greater than the highest (front)
tire load on the affected vehicle based
on the GAWR. Furthermore, the
manufacturer of the optional tires would
have to meet FMVSS No. 139 which
specifies a low inflation pressure
performance test in which the tires are
loaded to the maximum tire load
carrying capacity while underinflated to
a pressure of only 140kPa (20 psi),
which is less than the TPMS telltale
activation pressure for the OEM tires of
the subject vehicles. Therefore, adequate
load carrying capacity remains for the
accessory tires on these vehicles.
Honda’s second argument is that the
handling and stability of the subject
vehicles are not adversely affected by
the accessory tires and wheels. While
NHTSA cannot confirm Honda’s inhouse results, we believe it is the
responsibility of each vehicle
manufacturer to maintain certification
to all applicable FMVSSs for all
optional equipment such as any wheels
and tires it authorizes. Honda provided
the 212 complete wheel sets to dealers
with replacement vehicle tire placards
as required by FMVSS No. 110,
specifying the correct tire size and
inflation pressure. It follows that Honda
believed a vehicle so equipped would
continue to comply with NHTSA’s
safety standards. For example, the
subject vehicles with the accessory
wheel sets should continue to comply
with the requirements of FMVSS No.
126, Electronic stability control systems.
In consideration of the foregoing,
NHTSA has decided that Honda has met
its burden of persuasion that the FMVSS
No. 138 noncompliance is
inconsequential to motor vehicle safety.
Accordingly, Honda’s petition is hereby
granted and Honda is exempted from
the obligation of providing notification
of, and a 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 apply to the subject 212
subject vehicles that Honda 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
PO 00000
Frm 00185
Fmt 4703
Sfmt 4703
78565
the noncompliant vehicles under their
control after Honda 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,
Acting Director, Office of Vehicle Safety
Compliance.
[FR Doc. 2014–30487 Filed 12–29–14; 8:45 am]
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E:\FR\FM\30DEN1.SGM
30DEN1
]]>Agencies
[Federal Register Volume 79, Number 249 (Tuesday, December 30, 2014)]
[Notices]
[Pages 78564-78565]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-30487]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2012-0147; Notice 2]
American Honda Motor Co., Inc., Grant of Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Grant of petition.
-----------------------------------------------------------------------
SUMMARY: American Honda Motor Co., Inc. (Honda) has determined that the
tire pressure monitoring system (TPMS) low tire pressure warning for
certain model year (MY) 2011 and 2012 Acura TSX passenger cars equipped
with accessory 18-inch diameter wheels sold at Honda dealerships do not
comply with paragraph S4.2(a) of Federal Motor Vehicle Safety Standard
(FMVSS) No. 138 Tire Pressure Monitoring Systems. Honda has filed an
appropriate report dated September 27, 2012, pursuant to 49 CFR part
573, Defect and Noncompliance Responsibility and Reports.
ADDRESSES: For further information on this decision contact Maurice
Hicks, Office of Vehicle Safety Compliance, the National Highway
Traffic Safety Administration (NHTSA), telephone (202) 366-1708,
facsimile (202) 366-5930.
SUPPLEMENTARY INFORMATION:
I. Honda's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h)
and the rule implementing those provisions at 49 CFR part 556, Honda
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 Honda's petition was published, with a 30-day
public comment period, on July 22, 2013, in the Federal Register (78 FR
43965.) No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System
(FDMS) Web site at: https://www.regulations.gov/. Then follow the online
search instructions to locate docket number ``NHTSA-2012-0147.''
II. Vehicles Involved: Affected are approximately 212 model years
2011 and 2012 Acura TSX passenger cars equipped with accessory 18-inch
diameter wheels sold at Honda dealerships.
III. Noncompliance: Honda explains that the noncompliance is that
when the accessory wheels and tires are installed on the subject
vehicles, the preset TPMS warning level cannot be adjusted to warn at a
higher cold inflation pressure for the accessory tires. The TPMS system
on these vehicles is set for the OEM 17-inch diameter tires with
recommended 230 kPa (33 psi), not the accessory 18-inch tires with
recommended 260 kPa (38 psi).
Honda set the TPMS warning level for the OEM tires at 183 kPa (26.5
psi), which is approximately 20 percent below the recommended inflation
pressure. Standard 138 requires a warning when the pressure is equal to
or less than 25 percent below the recommended inflation pressure. For
the accessory tires, 25 percent below 260 kPa (38 psi) is 195 kPa (28.3
psi), but the telltale does not illuminate until the tire pressure
reaches 183 kPa (26.5 psi). Therefore, the vehicles do not comply with
paragraph S4.2(a) of FMVSS No. 138.
IV. Rule Text: Paragraph S4.2(a) of FMVSS No. 138 requires in
pertinent part:
S4.2 TPMS detection requirements. The tire pressure monitoring
system must:
(a) Illuminate a low tire pressure warning telltale not more
than 20 minutes after the inflation pressure in one or more of the
vehicle's tires, up to a total of four tires, is equal to or less
than either the pressure 25 percent below the vehicle manufacturer's
recommended cold inflation pressure, or the pressure specified in
the 3rd column of Table 1 of this standard for the corresponding
type of tire, whichever is higher;
V. Summary of Honda's Analyses: A total of approximately 848
wheels, or 212 complete wheel sets, were sold to Acura dealerships by
Honda between November 2010 and April 2012. These wheels were sold with
a replacement tire pressure placard, in accordance with the
requirements of FMVSS No. 110 ``Tire Selection and Rims'', indicating
an inflation pressure of 260 kPa (38 psi) for the recommended 225/45ZR
18 tire size with an 95Y load capacity rating. There have been no
reports of crashes, injuries or death as a result of the accessory tire
being used with the standard TPMS threshold.
After the beginning of retail sales of 2012 model year Acura TSX
models Honda discovered that the recommended electronic method of
updating the TPMS setting for these accessory wheels would incorrectly
inform technicians that the adjustments had been completed
successfully. The result is that the TPMS warning threshold remains at
Honda's setting for the OEM 17-inch diameter wheels of not less than
183kPa (26.5psi) for the standard recommended tire pressure of 230kPa
(33psi). The minimum allowable TPMS threshold for the 18-inch diameter
accessory wheels would be 195kPA (28 psi) (28.3psi using conversion
factor 1psi = 6.895kPa), based on the recommended pressure of 260kPa
(38psi) as indicated on the tire pressure placard.
Honda believes that this noncompliance is inconsequential to motor
vehicle safety because even at the lower TPMS threshold, adequate load
capacity remains for the tires on these vehicles. Honda indicated that
it also conducted dynamic testing to confirm that the handling and
stability of the vehicle is not adversely affected at the lower
pressures.
The maximum load capacity for each of the P225/45ZR 18 95Y tires
for this vehicle is 575 kilograms (1,268lbs) at 230kPa (33psi),
calculated using the Japan Automotive Tyre Manufacturer's Association
(JATMA) method, as recognized by NHTSA in FMVSS No. 110. The maximum
allowable load according to the Gross Axle Weight Ratings (GAWR) for a
2011 or 2012 Acura TSX is 546.6 kilograms (1,207.2 lbs) for each front
tire and 514.9 kilograms (1,135 lbs) for each rear tire, well within
the load capacity specified by JATMA.
At 80% of the lower pressure for the OEM 17-inch tires (230kPa
(33psi), as opposed to the 260kPa (38psi) recommended on the tire
pressure placard for the 18-inch accessory tires), the low tire
pressure indicator will illuminate at 183kPa (26.5psi).
[[Page 78565]]
Honda has additionally informed NHTSA that it has corrected the
noncompliance so that all future vehicles will comply with FMVSS No.
138.
In summation, Honda believes that the described noncompliance of
its vehicles is inconsequential to motor vehicle safety, and that its
petition, to exempt 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.
I. NHTSA's Analysis and Decision
Honda is petitioning NHTSA for exemption on the basis that the
noncompliance is inconsequential to safety because the accessory wheels
and tires have adequate load carrying capacity at the lower tire
pressure of the 17-inch OEM tires and because the handling and
stability of the vehicle is not adversely affected at this lower
pressure as confirmed by Honda's own dynamic testing. Honda used
similar arguments that were accepted by NHTSA in granting the Part 556
exemption for the TPMS noncompliance involving certain 2008 and 2009
Honda Civics (see 77 FR 43145 on July 23, 2012).
NHTSA agrees with Honda that the accessory tires inflated to 230
kPa (33 psi) that is the lower pressure for the OEM 17-inch tires will
have adequate load carrying capacity to accommodate the maximum weight
of the subject vehicles. Similar to the agency's previous conclusion in
responding to the Honda Civic petition and as required by FMVSS No.
110, the tire's load ratings must be equal to or exceed the load
applied when the vehicle is at its maximum loaded weight. FMVSS No.
110, section S4.2.1.1, states that, ``The vehicle maximum load on the
tire shall not be greater than the applicable maximum load rating as
marked on the sidewall of the tire.'' According to Honda, for a 2011 or
2012 Acura TSX, each front tire would be required to support a maximum
load of 546.6 kilograms (1,207.2 lbs) to accommodate the GAWR of the
front axle. Likewise, for each rear tire, a load rating of 514.9
kilograms (1,135 lbs) or more would be needed to support the GAWR of
the rear axle.
Data from the Japan Automotive Tyre Manufacturers' Association, a
reference recognized in FMVSS No. 110, indicate that for each P225/45ZR
18 95Y accessory tire, the load rating is calculated to be 575
kilograms (1,268lbs) at the lower pressure of the original tires, 230
kPa (33psi). This load rating is greater than the highest (front) tire
load on the affected vehicle based on the GAWR. Furthermore, the
manufacturer of the optional tires would have to meet FMVSS No. 139
which specifies a low inflation pressure performance test in which the
tires are loaded to the maximum tire load carrying capacity while
underinflated to a pressure of only 140kPa (20 psi), which is less than
the TPMS telltale activation pressure for the OEM tires of the subject
vehicles. Therefore, adequate load carrying capacity remains for the
accessory tires on these vehicles.
Honda's second argument is that the handling and stability of the
subject vehicles are not adversely affected by the accessory tires and
wheels. While NHTSA cannot confirm Honda's in-house results, we believe
it is the responsibility of each vehicle manufacturer to maintain
certification to all applicable FMVSSs for all optional equipment such
as any wheels and tires it authorizes. Honda provided the 212 complete
wheel sets to dealers with replacement vehicle tire placards as
required by FMVSS No. 110, specifying the correct tire size and
inflation pressure. It follows that Honda believed a vehicle so
equipped would continue to comply with NHTSA's safety standards. For
example, the subject vehicles with the accessory wheel sets should
continue to comply with the requirements of FMVSS No. 126, Electronic
stability control systems.
In consideration of the foregoing, NHTSA has decided that Honda has
met its burden of persuasion that the FMVSS No. 138 noncompliance is
inconsequential to motor vehicle safety. Accordingly, Honda's petition
is hereby granted and Honda is exempted from the obligation of
providing notification of, and a 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 apply to the subject 212 subject vehicles that Honda 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 Honda
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,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2014-30487 Filed 12-29-14; 8:45 am]
BILLING CODE 4910-59-P
