Tesla Motors, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 36403-36404 [2015-15424]

Download as PDF Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Notices 1200 New Jersey Avenue SE., Washington, DC 20590. You may also send comments electronically via the Internet at http://www.regulations.gov. All comments will become part of this docket and will be available for inspection and copying at the above address between 10 a.m. and 5 p.m., E.T., Monday through Friday, except federal holidays. An electronic version of this document and all documents entered into this docket is available on the World Wide Web at http:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Linda Williams, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue SE., Room W23–453, Washington, DC 20590. Telephone 202– 366–0903, Email Linda.Williams@ dot.gov. As described by the applicant the intended service of the vessel GABRA is: Intended Commercial Use of Vessel: ‘‘Taking up to 6 passengers for daily sailing charters.’’ Geographic Region: ‘‘Puerto Rico.’’ The complete application is given in DOT docket MARAD–2015–0077 at http://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD’s regulations at 46 CFR part 388, that the issuance of the waiver will have an unduly adverse effect on a U.S.vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter’s interest in the waiver application, and address the waiver criteria given in § 388.4 of MARAD’s regulations at 46 CFR part 388. SUPPLEMENTARY INFORMATION: tkelley on DSK3SPTVN1PROD with NOTICES Privacy Act Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78). By Order of the Maritime Administrator. VerDate Sep<11>2014 16:43 Jun 23, 2015 Jkt 235001 Dated: June 15, 2015. Thomas M. Hudson, Jr., Acting Secretary, Maritime Administration. [FR Doc. 2015–15440 Filed 6–23–15; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2014–0096; Notice 1] Tesla Motors, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of Petition. AGENCY: Tesla Motors, Inc. (Tesla) has determined that certain model year (MY) 2008 Roadster 1.5 passenger cars do not fully comply with paragraph S4.4(c)(2), of Federal Motor Vehicle Safety Standard (FMVSS) No. 138, Tire Pressure Monitoring Systems. TESLA has filed an appropriate report dated August 1, 2014, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. DATES: The closing date for comments on the petition is July 24, 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 http:// www.regulations.gov/. Follow the online instructions for submitting comments. 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 SUMMARY: PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 36403 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 http:// 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 http: //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. Tesla’s Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule implementing those provisions at 49 CFR part 556, Tesla submitted a petition for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential to motor vehicle safety. This notice of receipt of Tesla’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 approximately 542 MY 2008 Roadster 1.5 passenger cars manufactured from February 1, 2008 through October 29, 2009. III. Noncompliance: Tesla explains that if a fault is detected in a sensor, because the sensor is faulty, missing or unapproved, the Tire Pressure Monitoring System (TPMS) malfunction telltale will flash for 60 to 90 seconds and then remain continuously illuminated as required by FMVSS No. 138. However, the TPMS malfunction telltale fails to operate properly when a faulty, missing or unapproved sensor is detected and then the vehicle’s ignition is cycled off and back on. In this situation, the malfunction telltale in the E:\FR\FM\24JNN1.SGM 24JNN1 36404 Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Notices subject vehicles does not re-illuminate immediately as required when the ignition locking system is re-activated. Instead, the affected vehicles must reach a speed between 20 mph and 25 mph for a maximum period of at least 90 seconds before the TPMS malfunction telltale re-illuminates. Rule Text: Paragraph S4.4(c)(2) of FMVSS No. 138 requires in pertinent part: tkelley on DSK3SPTVN1PROD 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 Tesla’s Analyses: Tesla stated its belief that the subject noncompliance is inconsequential to motor vehicle safety for the following reasons: (A) Tesla states that they provide warnings and alerts in several ways above and beyond the minimal requirements of the regulations. Specifically, the TPMS on the subject vehicles automatically checks the wheel sensors fitted on the vehicle. The TPMS then checks the tire pressure from each sensor and that the check system for tire pressure occurs prior to the vehicle moving. The TPMS detects one or more new sensors (meaning different from those calibrated by the TPMS during the vehicles last ignition cycle), the TPMS will automatically ‘‘learn’’ the new sensors. After calibration, the TPMS will again review all four tires for any low pressure situation. If a low pressure situation occurs in one or more of the four tires on the vehicle, the system will continuously illuminate the combined low pressure/ malfunction indicator lamp (MIL), thus providing the driver a timely warning of low tire pressure. In addition, the subject vehicles are also equipped with an auxiliary screen that provides additional warnings and information regarding a low pressure condition. When one or more of the four tires have a detected low tire pressure condition, the auxiliary screen in the lower portion of the center console area will VerDate Sep<11>2014 16:43 Jun 23, 2015 Jkt 235001 automatically display an alert screen alerting the driver to a low tire pressure condition. In addition, the auxiliary screen will also display a diagram of the vehicle and note the tire at issue in a conspicuous manner. The system’s auxiliary screen will also show the condition of all remaining tires. Information regarding the status of the tire pressures is available to the driver through a menu on this auxiliary screen at any time, even if the tires are properly inflated. This type of detailed information and multiple alerts ensures the drivers are well informed of a potential low tire pressure condition. (B) Tesla also states that the TPMS only fails to operate properly when a faulty, missing or non-approved sensor is detected and the ignition is cycled. Specifically, if such a fault is detected, but the ignition is then cycled off, then on, the MIL will reset, thus requiring the system to re-detect the fault or missing or unapproved sensor versus immediately re-illuminating the MIL from the previously detected fault. The noncompliance is confined to this one particular aspect of TPMS function. All other functions remain in compliance with the requirements of FMVSS No. 138. (C) Tesla further stated that although the MIL fails to re-illuminate immediately after a subsequent ignition off/on cycle, the TPMS remains functional. As a result, the system will still accurately detect the continued presence of a fault in a sensor and illuminate the MIL anew. Specifically, after ignition off/on, the TPMS will detect anew the faulty, missing or nonapproved sensor and the MIL will flash for 60–90 seconds before staying on. This will occur no more than 90 seconds after the vehicle reaches a speed of between 20mph and 25 mph. Once illuminated, the MIL will remain on throughout the course of the ignition cycle, regardless of further operating speeds or other conditions. Moreover, the additional warnings via the ‘‘fault’’ display in the dashboard, and the auxiliary display warnings will appear anew. Clearing the new warning in the auxiliary screen will once again require the driver to actively clear the screen. Tesla believes this is especially effective in notifying vehicle operators in that the reanimation of the center auxiliary screen warning and subsequent action required to clear the screen ensures review of the warning by the driver. (D) Tesla says they have not received any complaints, noted any issues, or had any incidents or other issues relating to the failure of the TPMS module noncompliance. PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 In summation, Tesla believes that the described noncompliance of the subject vehicles is inconsequential to motor vehicle safety, and that its petition, to exempt Tesla 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 Tesla 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 Tesla notified them that the subject noncompliance existed. Authority: (49 U.S.C. 30118, 30120: delegations of authority at 49 CFR 1.95 and 501.8) Jeffrey Giuseppe, Director, Office of Vehicle Safety Compliance. [FR Doc. 2015–15424 Filed 6–23–15; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2014–0120; Notice 1] Notice of Receipt of Petition for Decision That Nonconforming 2008 Cadillac Escalade Multipurpose Vehicles Are Eligible for Importation National Highway Traffic Safety Administration, DOT. ACTION: Receipt of petition. AGENCY: This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that nonconforming 2008 Cadillac Escalade multipurpose passenger vehicles (MPV) that were not originally manufactured to comply with all applicable Federal motor vehicle safety standards (FMVSS), are eligible for importation into the United States because they are SUMMARY: E:\FR\FM\24JNN1.SGM 24JNN1

Agencies

[Federal Register Volume 80, Number 121 (Wednesday, June 24, 2015)]
[Notices]
[Pages 36403-36404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15424]


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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2014-0096; Notice 1]


Tesla Motors, Inc., Receipt of Petition for Decision of 
Inconsequential Noncompliance

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

ACTION: Receipt of Petition.

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

SUMMARY: Tesla Motors, Inc. (Tesla) has determined that certain model 
year (MY) 2008 Roadster 1.5 passenger cars do not fully comply with 
paragraph S4.4(c)(2), of Federal Motor Vehicle Safety Standard (FMVSS) 
No. 138, Tire Pressure Monitoring Systems. TESLA has filed an 
appropriate report dated August 1, 2014, pursuant to 49 CFR part 573, 
Defect and Noncompliance Responsibility and Reports.

DATES: The closing date for comments on the petition is July 24, 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 http://www.regulations.gov/. Follow the online instructions for submitting 
comments. 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 http://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 http://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. Tesla's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) 
and the rule implementing those provisions at 49 CFR part 556, Tesla 
submitted a petition for an exemption from the notification and remedy 
requirements of 49 U.S.C. Chapter 301 on the basis that this 
noncompliance is inconsequential to motor vehicle safety.
    This notice of receipt of Tesla'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 approximately 542 MY 2008 
Roadster 1.5 passenger cars manufactured from February 1, 2008 through 
October 29, 2009.
    III. Noncompliance: Tesla explains that if a fault is detected in a 
sensor, because the sensor is faulty, missing or unapproved, the Tire 
Pressure Monitoring System (TPMS) malfunction telltale will flash for 
60 to 90 seconds and then remain continuously illuminated as required 
by FMVSS No. 138. However, the TPMS malfunction telltale fails to 
operate properly when a faulty, missing or unapproved sensor is 
detected and then the vehicle's ignition is cycled off and back on. In 
this situation, the malfunction telltale in the

[[Page 36404]]

subject vehicles does not re-illuminate immediately as required when 
the ignition locking system is re-activated. Instead, the affected 
vehicles must reach a speed between 20 mph and 25 mph for a maximum 
period of at least 90 seconds before the TPMS malfunction telltale re-
illuminates.
    Rule Text: Paragraph S4.4(c)(2) of FMVSS No. 138 requires in 
pertinent part:

    S4.4 TPMS Malfunction.
    (c) Combination low tire pressure/TPMS malfunction telltale. The 
vehicle meets the requirements of S4.4(a) when equipped with a 
combined Low Tire Pressure/TPMS malfunction telltale that:
    (2) Flashes for a period of at least 60 seconds but no longer 
than 90 seconds upon detection of any condition specified in S4.4(a) 
after the ignition locking system is activated to the ``On'' 
(``Run'') position. After each period of prescribed flashing, the 
telltale must remain continuously illuminated as long as a 
malfunction exists and the ignition locking system is in the ``On'' 
(``Run'') position. This flashing and illumination sequence must be 
repeated each time the ignition locking system is placed in the 
``On'' (``Run'') position until the situation causing the 
malfunction has been corrected. . . .
    V. Summary of Tesla's Analyses: Tesla stated its belief that the 
subject noncompliance is inconsequential to motor vehicle safety for 
the following reasons:
    (A) Tesla states that they provide warnings and alerts in several 
ways above and beyond the minimal requirements of the regulations. 
Specifically, the TPMS on the subject vehicles automatically checks the 
wheel sensors fitted on the vehicle. The TPMS then checks the tire 
pressure from each sensor and that the check system for tire pressure 
occurs prior to the vehicle moving. The TPMS detects one or more new 
sensors (meaning different from those calibrated by the TPMS during the 
vehicles last ignition cycle), the TPMS will automatically ``learn'' 
the new sensors. After calibration, the TPMS will again review all four 
tires for any low pressure situation.
    If a low pressure situation occurs in one or more of the four tires 
on the vehicle, the system will continuously illuminate the combined 
low pressure/malfunction indicator lamp (MIL), thus providing the 
driver a timely warning of low tire pressure. In addition, the subject 
vehicles are also equipped with an auxiliary screen that provides 
additional warnings and information regarding a low pressure condition. 
When one or more of the four tires have a detected low tire pressure 
condition, the auxiliary screen in the lower portion of the center 
console area will automatically display an alert screen alerting the 
driver to a low tire pressure condition. In addition, the auxiliary 
screen will also display a diagram of the vehicle and note the tire at 
issue in a conspicuous manner. The system's auxiliary screen will also 
show the condition of all remaining tires. Information regarding the 
status of the tire pressures is available to the driver through a menu 
on this auxiliary screen at any time, even if the tires are properly 
inflated. This type of detailed information and multiple alerts ensures 
the drivers are well informed of a potential low tire pressure 
condition.
    (B) Tesla also states that the TPMS only fails to operate properly 
when a faulty, missing or non-approved sensor is detected and the 
ignition is cycled. Specifically, if such a fault is detected, but the 
ignition is then cycled off, then on, the MIL will reset, thus 
requiring the system to re-detect the fault or missing or unapproved 
sensor versus immediately re-illuminating the MIL from the previously 
detected fault. The noncompliance is confined to this one particular 
aspect of TPMS function. All other functions remain in compliance with 
the requirements of FMVSS No. 138.
    (C) Tesla further stated that although the MIL fails to re-
illuminate immediately after a subsequent ignition off/on cycle, the 
TPMS remains functional. As a result, the system will still accurately 
detect the continued presence of a fault in a sensor and illuminate the 
MIL anew. Specifically, after ignition off/on, the TPMS will detect 
anew the faulty, missing or non-approved sensor and the MIL will flash 
for 60-90 seconds before staying on. This will occur no more than 90 
seconds after the vehicle reaches a speed of between 20mph and 25 mph. 
Once illuminated, the MIL will remain on throughout the course of the 
ignition cycle, regardless of further operating speeds or other 
conditions. Moreover, the additional warnings via the ``fault'' display 
in the dashboard, and the auxiliary display warnings will appear anew. 
Clearing the new warning in the auxiliary screen will once again 
require the driver to actively clear the screen. Tesla believes this is 
especially effective in notifying vehicle operators in that the 
reanimation of the center auxiliary screen warning and subsequent 
action required to clear the screen ensures review of the warning by 
the driver.
    (D) Tesla says they have not received any complaints, noted any 
issues, or had any incidents or other issues relating to the failure of 
the TPMS module noncompliance.
    In summation, Tesla believes that the described noncompliance of 
the subject vehicles is inconsequential to motor vehicle safety, and 
that its petition, to exempt Tesla 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 Tesla 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 Tesla 
notified them that the subject noncompliance existed.

    Authority: (49 U.S.C. 30118, 30120: delegations of authority at 
49 CFR 1.95 and 501.8)

Jeffrey Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-15424 Filed 6-23-15; 8:45 am]
 BILLING CODE 4910-59-P