Automobili Lamborghini SpA, Receipt of Petition for Decision of Inconsequential Noncompliance, 34788-34790 [2015-14856]

Download as PDF 34788 Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Notices Ferrari 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 reilluminate immediately as required. FNA added, that the malfunction indicator in the subject vehicles will reilluminate after a maximum of 40 seconds of driving above 23 mph. Rule Text: Paragraph S4.4(c)(2) of FMVSS No. 138 requires in pertinent part: asabaliauskas on DSK5VPTVN1PROD with NOTICES 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. It nevertheless generally will illuminate shortly thereafter, and, in any event, it will illuminate in no more than 40 seconds, even in vehicles containing the noncompliance. Once a vehicle has started and is accelerating above 23 mph for a period of 15 seconds, the TPMS will seek to confirm that the sensors are fitted, the VerDate Sep<11>2014 18:47 Jun 16, 2015 Jkt 235001 TPMS will detect this within a further period of 15–20 seconds (up to a maximum of 25 seconds), and the TPMS malfunction indicator will correctly illuminate. Once the malfunction indicator is illuminated, it will remain illuminated throughout the ignition cycle, regardless of the vehicle’s speed. Thus, 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 also stated that if the TPMS fails to detect a compatible sensor, the TPMS monitor will display no value for the tire pressure of the affected wheel(s). The monitor will also alert the driver to the fact that something is not functioning properly with the system, pending the illumination of the malfunction indicator. (C) FNA further states that the noncompliance is confined to one particular aspect of the functionality of the otherwise compliant TPMS indicator. All other aspects of the lowpressure monitoring system functionality are fully compliant with the requirements of FMVSS No. 138. (D) FNA 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 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 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, any decision on this petition only applies to the subject vehicles that FNA no longer controlled at the time it determined that the noncompliance existed. However, any decision on 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. PO 00000 Frm 00183 Fmt 4703 Sfmt 4703 Authority: (49 U.S.C. 30118, 30120: delegations of authority at 49 CFR 1.95 and 501.8) Jeffrey Giuseppe, Director, Office of Vehicle Safety Compliance. [FR Doc. 2015–14779 Filed 6–16–15; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2014–0077; Notice 1] Automobili Lamborghini SpA, Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of Petition. AGENCY: Automobili Lamborghini SpA (Lamborghini), has determined that certain model year (MY) 2008–2014 Lamborghini Aventador, Gallardo and Muricielago Coupe, Roadster and Spyder model 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 has filed an appropriate report dated May 23, 2014, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. SUMMARY: The closing date for comments on the petition is July 17, 2015. ADDRESSES: Interested persons are invited to submit written data, views, and arguments on this petition. Comments must refer to the docket and notice number cited at the beginning of this notice and submitted by any of the following methods: • Mail: Send comments by mail addressed to: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. • Hand Deliver: Deliver comments by hand to: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. except Federal Holidays. • Electronically: Submit comments electronically by: Logging onto the Federal Docket Management System (FDMS) Web site at https:// www.regulations.gov/ Follow the online instructions for submitting comments. DATES: E:\FR\FM\17JNN1.SGM 17JNN1 asabaliauskas on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Notices Comments may also be faxed to (202) 493–2251. Comments must be written in the English language, and be no greater than 15 pages in length, although there is no limit to the length of necessary attachments to the comments. If comments are submitted in hard copy form, please ensure that two copies are provided. If you wish to receive confirmation that your comments were received, please enclose a stamped, selfaddressed postcard with the comments. Note that all comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. Documents submitted to a docket may be viewed by anyone at the address and times given above. The documents may also be viewed on the Internet at https://www.regulations.gov by following the online instructions for accessing the dockets. DOT’s complete Privacy Act Statement is available for review in the Federal Register published on April 11, 2000, (65 FR 19477–78). The petition, supporting materials, and all comments received before the close of business on the closing date indicated below will be filed and will be considered. All comments and supporting materials received after the closing date will also be filed and will be considered to the extent possible. When the petition is granted or denied, notice of the decision will be published in the Federal Register pursuant to the authority indicated below. SUPPLEMENTARY INFORMATION: I. Lamborghini’s Petition: 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. This notice of receipt of Lamborghini’s petition is published under 49 U.S.C. 30118 and 30120 and does not represent any agency decision or other exercise of judgment concerning the merits of the petition. II. Vehicles Involved: Affected are 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. VerDate Sep<11>2014 18:47 Jun 16, 2015 Jkt 235001 III. Noncompliance: Lamborghini 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 reilluminate immediately as required. Lamborghini added, that the malfunction indicator in the subject vehicles will re-illuminate after a maximum of 40 seconds of driving above 23 mph. 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 the primary function of the TPMS is not affected by the subject noncompliance and that the vehicle and system will operate as intended. Specifically, the TPMS system properly monitors the tire pressures and properly notifies the driver if the tire pressure falls below the threshold required by the standard. Lamborghini also stated the noncompliance is confined to one particular aspect of the functionality of the malfunction indicator, which itself is otherwise compliant. (B) 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.’’ PO 00000 Frm 00184 Fmt 4703 Sfmt 4703 34789 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. (C) Lamborghini stated 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 a ‘‘no value’’ for the tire pressure on the affected tire, indicating that the status of the wheel sensor is unconfirmed. Thus, the driver is still notified of an anomaly. (D) Lamborghini stated that although the malfunction indicator does not reilluminate immediately after the vehicle is restarted, it will illuminate shortly thereafter, and in any event it will illuminate in no more than approximately 40 seconds. Lamborghini explained that once a 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 stated that a wheel without a sensor will be detected within an additional 15–25 seconds, the TPMS malfunction indicator will illuminate correctly, and once the malfunction indicator is illuminated it will remain illuminated throughout that ignition cycle, regardless of the vehicle’s speed. (E) Lamborghini is not aware of any customer complaints, field communications, incidents or injuries related to this condition. Lamborghini has additionally informed NHTSA that all unsold vehicles in Lamborghini’s custody and control will have a reprogramming of the TPMS Electronic Control Unit prior to sale. 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 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, any decision on this petition only applies to the subject motor vehicles that Lamborghini no longer controlled at the time it determined that the E:\FR\FM\17JNN1.SGM 17JNN1 34790 Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Notices noncompliance existed. However, any decision on 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 Giuseppe, Director, Office of Vehicle Safety Compliance. [FR Doc. 2015–14856 Filed 6–16–15; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF THE TREASURY Bureau of the Fiscal Service Proposed Collection of Information: Voucher for Payment of Awards Notice and request for comments. ACTION: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on a proposed and/or continuing information collection, as required by the Paperwork Reduction Act of 1995, Public Law 104– 13 (44 U.S.C. 3506(c)(2)(A). Currently the Bureau of the Fiscal Service within the Department of the Treasury is soliciting comments concerning the Voucher for Payment of Awards. DATES: Written comments should be received on or before August 17, 2015 to be assured of consideration. ADDRESSES: Direct all written comments and requests for further information to Bureau of the Fiscal Service, Bruce A. Sharp, 200 Third Street A4–A, Parkersburg, WV 26106–1328, or bruce.sharp@fiscal.treasury.gov. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the form(s) and instructions should be directed to Kevin McIntyre, Manager, Judgement Fund Branch, Room 630F, 3700 East West Highway, Hyattsville, MD 20782, 202–874–1130 kevin.mcintyre@fiscal.treasury.gov. SUPPLEMENTARY INFORMATION: Titles: Voucher for Payment of Awards. OMB Number: 1530–0012 (Previously approved as 1510–0037 as a collection conducted by Department of the Treasury/Financial Management Service.) Transfer of OMB Control Number: The Financial Management asabaliauskas on DSK5VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:47 Jun 16, 2015 Jkt 235001 Service (FMS) and the Bureau of Public Debt (BPD) have consolidated to become the Bureau of the Fiscal Service (Fiscal Service). Information collection requests previously held separately by FMS and BPD will now be identified by a 1530 prefix, designating Fiscal Service. Form Number: FS Form 5135. Abstract: Awards certificate to Treasury are paid annually as funds are received from foreign governments. Vouchers are mailed to award holders showing payments due. Award holders sign vouchers certifying that he/she is entitled to payment. Executed vouchers are used as a basis for payment. Current Actions: Extension of a currently approved collection. Type of Review: Regular. Affected Public: Business or other forprofit. Estimated Number of Respondents: 1,400. Estimated Time per Respondent: 30 minutes. Estimated Total Annual Burden Hours: 700. Request for Comments: Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden of the collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Dated: June 11, 2015. Bruce A. Sharp, Bureau Clearance Officer. [FR Doc. 2015–14800 Filed 6–16–15; 8:45 am] BILLING CODE 4810–AS–P DEPARTMENT OF THE TREASURY Bureau of the Fiscal Service Proposed Collection of Information: Trace Request for Electronic Funds Transfer (EFT) Payment; and Trace Request Direct Deposit Notice and request for comments. ACTION: PO 00000 Frm 00185 Fmt 4703 Sfmt 4703 The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on a proposed and/or continuing information collection, as required by the Paperwork Reduction Act of 1995, Public Law 104– 13 (44 U.S.C. 3506(c)(2)(A). Currently the Bureau of the Fiscal Service within the Department of the Treasury is soliciting comments concerning Fiscal Service Form 150.1, Trace Request for Electronic Funds Transfer (EFT) Payment; and Form 150.2 Trace Request Direct Deposit. DATES: Written comments should be received on or before August 17, 2015 to be assured of consideration. ADDRESSES: Direct all written comments and requests for further information to Bureau of the Fiscal Service, Bruce A. Sharp, 200 Third Street A4–A, Parkersburg, WV 26106–1328, or bruce.sharp@fiscal.treasury.gov. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the form(s) and instructions should be directed to Kwema Ledbetter, Director, Project Management Division, Room 611B, 3700 East West Highway, Hyattsville, MD 20782, 202–874–5151 kwema.ledbetter@fiscal.treasury.gov. SUPPLEMENTARY INFORMATION: Titles: Trace Request for Electronic Funds Transfer (EFT) Payment; and Trace Request Direct Deposit. OMB Number: 1530–0002 (Previously approved as 1510–0045 as a collection conducted by Department of the Treasury/Financial Management Service.). Transfer of OMB Control Number: The Financial Management Service (FMS) and the Bureau of Public Debt (BPD) have consolidated to become the Bureau of the Fiscal Service (Fiscal Service). Information collection requests previously held separately by FMS and BPD will now be identified by a 1530 prefix, designating Fiscal Service. Form Number: FS Form 150.1 and FS Form 150.2. Abstract: These forms are used to notify the financial organization that a customer (beneficiary) has claimed nonreceipt of credit for a payment. The forms are designed to help the financial organization locate any problems and to keep the customer (beneficiary) informed of any action taken. Current Actions: Extension of a currently approved collection. Type of Review: Regular. Affected Public: Business or other forprofit. SUMMARY: E:\FR\FM\17JNN1.SGM 17JNN1

Agencies

[Federal Register Volume 80, Number 116 (Wednesday, June 17, 2015)]
[Notices]
[Pages 34788-34790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14856]


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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2014-0077; Notice 1]


Automobili Lamborghini SpA, Receipt of Petition for Decision of 
Inconsequential Noncompliance

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

ACTION: Receipt of Petition.

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

SUMMARY: Automobili Lamborghini SpA (Lamborghini), has determined that 
certain model year (MY) 2008-2014 Lamborghini Aventador, Gallardo and 
Muricielago Coupe, Roadster and Spyder model 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 
has filed an appropriate report dated May 23, 2014, pursuant to 49 CFR 
part 573, Defect and Noncompliance Responsibility and Reports.

DATES: The closing date for comments on the petition is July 17, 2015.

ADDRESSES: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket and notice number cited at the beginning of this notice and 
submitted by any of the following methods:
     Mail: Send comments by mail addressed to: U.S. Department 
of Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
     Hand Deliver: Deliver comments by hand to: U.S. Department 
of Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. The 
Docket Section is open on weekdays from 10 a.m. to 5 p.m. except 
Federal Holidays.
     Electronically: Submit comments electronically by: Logging 
onto the Federal Docket Management System (FDMS) Web site at https://www.regulations.gov/ Follow the online instructions for submitting 
comments.

[[Page 34789]]

    Comments may also be faxed to (202) 493-2251.
    Comments must be written in the English language, and be no greater 
than 15 pages in length, although there is no limit to the length of 
necessary attachments to the comments. If comments are submitted in 
hard copy form, please ensure that two copies are provided. If you wish 
to receive confirmation that your comments were received, please 
enclose a stamped, self-addressed postcard with the comments. Note that 
all comments received will be posted without change to https://www.regulations.gov, including any personal information provided.
    Documents submitted to a docket may be viewed by anyone at the 
address and times given above. The documents may also be viewed on the 
Internet at https://www.regulations.gov by following the online 
instructions for accessing the dockets. DOT's complete Privacy Act 
Statement is available for review in the Federal Register published on 
April 11, 2000, (65 FR 19477-78).
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated below will 
be filed and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the extent possible. When the petition is granted or 
denied, notice of the decision will be published in the Federal 
Register pursuant to the authority indicated below.

SUPPLEMENTARY INFORMATION: 
    I. Lamborghini's Petition: 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.
    This notice of receipt of Lamborghini's petition is published under 
49 U.S.C. 30118 and 30120 and does not represent any agency decision or 
other exercise of judgment concerning the merits of the petition.
    II. Vehicles Involved: Affected are 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 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. Lamborghini added, that the 
malfunction indicator in the subject vehicles will re-illuminate after 
a maximum of 40 seconds of driving above 23 mph.
    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 the primary function of the TPMS is not 
affected by the subject noncompliance and that the vehicle and system 
will operate as intended. Specifically, the TPMS system properly 
monitors the tire pressures and properly notifies the driver if the 
tire pressure falls below the threshold required by the standard. 
Lamborghini also stated the noncompliance is confined to one particular 
aspect of the functionality of the malfunction indicator, which itself 
is otherwise compliant.
    (B) 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.
    (C) Lamborghini stated 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 a ``no value'' for the tire pressure on 
the affected tire, indicating that the status of the wheel sensor is 
unconfirmed. Thus, the driver is still notified of an anomaly.
    (D) Lamborghini stated that although the malfunction indicator does 
not re-illuminate immediately after the vehicle is restarted, it will 
illuminate shortly thereafter, and in any event it will illuminate in 
no more than approximately 40 seconds. Lamborghini explained that once 
a 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 stated that a wheel without a sensor will be 
detected within an additional 15-25 seconds, the TPMS malfunction 
indicator will illuminate correctly, and once the malfunction indicator 
is illuminated it will remain illuminated throughout that ignition 
cycle, regardless of the vehicle's speed.
    (E) Lamborghini is not aware of any customer complaints, field 
communications, incidents or injuries related to this condition.
    Lamborghini has additionally informed NHTSA that all unsold 
vehicles in Lamborghini's custody and control will have a reprogramming 
of the TPMS Electronic Control Unit prior to sale.
    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 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, any decision on 
this petition only applies to the subject motor vehicles that 
Lamborghini no longer controlled at the time it determined that the

[[Page 34790]]

noncompliance existed. However, any decision on 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 Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-14856 Filed 6-16-15; 8:45 am]
BILLING CODE 4910-59-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.