Ferrari North America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance, 7408-7410 [2016-02726]

Download as PDF 7408 Federal Register / Vol. 81, No. 28 / Thursday, February 11, 2016 / Notices exempt Tesla from providing recall notification of noncompliance as required by 49 U.S.C. 30118 and remedying the noncompliance as required by 49 U.S.C. 30120 should be granted. mstockstill on DSK4VPTVN1PROD with NOTICES NHTSA’s Decision NHTSA’s Analysis: Tesla explained that although the malfunction indicator does not re-illuminate immediately after the vehicle is restarted, it will illuminate shortly thereafter—within 90 seconds after the vehicle reaches a speed between 20 mph and 25 mph. NHTSA recognizes that the malfunction indicator will not illuminate as required for 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 20–25 mph, and as explained by Tesla, once the vehicle accelerates above 20–25 mph, the malfunction indicator re-illuminates and then it will remain illuminated for the entire ignition cycle, regardless of vehicle speed. We understand the noncompliance will only occur in the very rare case where the driver begins a trip and never exceeds the 20–25 mph threshold, the speed required to reactivate 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. Tesla states that they provide warnings and alerts above and beyond what is required by regulations and that the subject vehicles are equipped with an ‘‘auxiliary’’ screen which displays a diagram of the vehicle with respective tire positions and status of those respective tires. Tesla explained that this type of detailed information and multiple alerts ensures the driver is well informed of a potential low tire pressure condition. The agency evaluated the displays Tesla uses in the noncompliant vehicles. In addition to the combination telltale indicator lamp, the subject vehicles are equipped with a ‘‘plan view’’ icon which displays the pressures for all four wheels individually. If any wheel has a malfunctioning pressure sensor the indicator for that wheel displays several dashes indicating that there is a problem with that respective wheel. The additional information is not required by the safety standard but can VerDate Sep<11>2014 16:52 Feb 10, 2016 Jkt 238001 be used as an aid to the driver to determine the status of a vehicle’s tires. Tesla 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 of low inflation pressure scenarios, is not affected. Tesla explained that in the subject vehicles, the TPMS only fails to operate properly when a faulty, missing or non-approved sensor is detected and the ignition is recycled. According to Tesla, if such a fault is detected, and then the ignition is cycled off and back on, the MIL will reset, thus requiring the system to redetect the fault or missing/unapproved sensor versus immediately reilluminating the MIL from the previously detected fault. The agency agrees with Tesla’s reasoning that the primary function of the TPMS is to identify low tire inflation pressure conditions which Tesla’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 malfunction identified in this petition. We understand from Tesla that its TPMS will perform as required during all other type system malfunctions. Tesla 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 Tesla 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 Tesla has met its burden of demonstrating that the FMVSS No. 138 noncompliance is inconsequential to motor vehicle safety. Accordingly, Tesla’s petition is hereby granted and Tesla is exempted from the obligation of providing notification of, and a remedy for, that 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 PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 decision only applies to the subject nonconforming vehicles that Tesla no longer controlled at the time it determined that the noncompliance existed. However, the granting of this decision 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 M. Giuseppe, Director, Office of Vehicle Safety Compliance. [FR Doc. 2016–02722 Filed 2–10–16; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2014–0094; Notice 2] Ferrari North America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Grant of petition. AGENCY: Ferrari North America, Inc. (FNA), has determined that certain model year (MY) 2007–2009 Ferrari F430 passenger cars do not fully comply with paragraph S4.4(c)(2), of Federal Motor Vehicle Safety Standard (FMVSS) No. 138, Tire Pressure Monitoring Systems. FNA filed a report dated July 16, 2014, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. FNA then petitioned NHTSA under 49 CFR part 556 requesting a decision that the subject noncompliance is inconsequential to motor vehicle safety. ADDRESSES: For further information on this decision contact Kerrin Bressant, Office of Vehicles Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366–1110, facsimile (202) 366– 3081. SUPPLEMENTARY INFORMATION: SUMMARY: I. Overview Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule implementing those provisions at 49 CFR part 556, FNA submitted a petition for an exemption from the notification and remedy requirements of 49 U.S.C. E:\FR\FM\11FEN1.SGM 11FEN1 Federal Register / Vol. 81, No. 28 / Thursday, February 11, 2016 / Notices Chapter 301 on the basis that this noncompliance is inconsequential to motor vehicle safety. Notice of receipt of the petition was published, with a 30-day public comment period, on June 17, 2015, in the Federal Register (80 FR 34787). No comments were received. To view the petition and all supporting documents log onto the Federal Docket Management System (FDMS) Web site at: http://www.regulations.gov/. Then follow the online search instructions to locate docket number ‘‘NHTSA–2014– 0094.’’ II. Vehicles Involved Affected are approximately 1,975 MY 2007–2009 Ferrari model F430 passenger cars manufactured from September 1, 2007 through July 29, 2009. III. Noncompliance FNA explains that the Tire Pressure Monitoring System (TPMS) malfunction indicator illuminates as required by FMVSS No. 138 when a malfunction is first detected, however, if the malfunction is caused by an incompatible wheel, when the vehicle ignition is deactivated and then reactivated to the ‘‘On’’ (‘‘Run’’) position after a five-minute period, the malfunction indicator does not 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 miles per hour (mph). IV. Rule Text Paragraph S4.4(c)(2) of FMVSS No. 138 requires in pertinent part: S4.4 mstockstill on DSK4VPTVN1PROD with NOTICES * * 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. . . . VerDate Sep<11>2014 16:52 Feb 10, 2016 Jkt 238001 7409 V. Summary of FNA’s Analyses NHTSA’s Decision FNA stated its belief that the subject noncompliance is inconsequential to motor vehicle safety for the following reasons: (A) FNA stated that the TPMS in the subject vehicles generally functions properly to alert the driver to a low tire pressure. Moreover, the TPMS malfunction indicator illuminates as required when a problem is first detected. If, however, there is an incompatible wheel and tire unit, when the vehicle ignition is deactivated and then reactivated after a five-minute period, the malfunction indicator does not re-illuminate immediately as required by FMVSS No. 138. According to FNA, the malfunction indicator will illuminate shortly thereafter, and, in any event, it will illuminate in no more than 40 seconds after the vehicle accelerates above 23 mph. Once the vehicle has accelerated above 23 mph for a period of 15 seconds, the TPMS will seek to confirm the sensors fitted to the vehicle, and in the case a sensor is not fitted, the TPMS will detect this condition within a maximum of 25 additional seconds and activate the malfunction indicator. Thus, FNA explained that even in the presence of the noncompliance, drivers are warned of the malfunction in less than one minute of driving at or above normal urban speeds. (B) FNA further explained that if the TPMS fails to detect a compatible wheel sensor, the TPMS monitor will display no value for the tire pressure of the affected wheel(s). The TPMS monitor will alert the driver to the fact that something is not functioning properly with the system, pending the illumination of the malfunction indicator. (C) FNA said that the noncompliance is confined to one particular aspect of the functionality of the otherwise compliant TPMS malfunction indicator. All other aspects of the low-pressure monitoring system functionality are fully compliant with the requirements of FMVSS No. 138. (D) FNA said it is not aware of any customer complaints, field communications, incidents or injuries related to this condition. In summation, FNA believes that the described noncompliance of the subject vehicles is inconsequential to motor vehicle safety, and that its petition, to exempt FNA from providing notification of noncompliance as required by 49 U.S.C. 30118 and remedying the noncompliance as required by 49 U.S.C. 30120 should be granted. NHTSA’s Analysis: FNA explained that although the malfunction indicator does not re-illuminate immediately after the vehicle is restarted, it will illuminate shortly thereafter—within 40 seconds after the vehicle speed exceeds 23 mph. NHTSA agrees with FNA that the malfunction indicator will not illuminate as required during very short periods of time when the vehicle is traveling at low speeds and thus poses little risk to vehicle safety. Under normal driving conditions, a driver will begin a trip by accelerating moderately beyond 23 mph, and as explained by FNA, once the vehicle accelerates above 23 mph, the malfunction indicator reilluminates 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 reactivate the malfunction indicator. No real safety risk exists because at such low speeds there is little risk of vehicle loss of control due to underinflated tires. Furthermore, the possibility that the vehicle will experience both a low inflation pressure condition and a malfunction simultaneously is highly unlikely. FNA stated that if the TPMS fails to detect the wheel sensors, a TPMS monitor is also provided that displays on its TPMS pressures screen ‘‘—’’ warning the driver that the status of the wheel sensor is not confirmed. The agency evaluated the displays FNA uses in the noncompliant vehicles. In addition to the combination telltale indicator lamp, the subject vehicles are equipped with a ‘‘plan view’’ icon which displays the pressures for all four wheels individually. If any wheel has a malfunctioning pressure sensor the indicator for that wheel displays several dashes indicating the there is a problem with that respective wheel. The additional information is not required by the safety standard, but can be used as an aid to the driver to determine the status of a vehicle’s tires. FNA discussed that the noncompliance only involves one specific aspect of the malfunction and that the primary functions of the TPMS, identification of other malfunctions and identification of low inflation pressure scenarios, is not affected. The agency agrees with FNA’s reasoning that the primary function of the TPMS is to identify low tire inflation pressure conditions which FNA’s system does as required by the PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 E:\FR\FM\11FEN1.SGM 11FEN1 7410 Federal Register / Vol. 81, No. 28 / Thursday, February 11, 2016 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES safety standard. Also, there are a variety of other malfunctions that can occur in addition to the delayed re-illumination malfunction identified in this petition. We understand from FNA that the TPMS installed in the subject vehicles will otherwise perform as required. FNA mentioned that they have not received or are aware of any consumer complaints, field communications, incidences or injuries related to this noncompliance. In addition to the analysis done by FNA that looked at customer complaints, field communications, incidents or injuries related to this condition, NHTSA conducted additional checks of NHTSA’s Office of Defects Investigations consumer complaint database and found two subject vehicle complaints both of which were determined to be unrelated to this petition. NHTSA’s Decision: In consideration of the foregoing analysis, NHTSA has decided that FNA has met its burden of demonstrating that the FMVSS No. 138 noncompliance is inconsequential to motor vehicle safety. Accordingly, FNA’s petition is hereby granted and FNA is exempted from the obligation of providing notification of, and a remedy for, the subject noncompliance under 49 U.S.C. 30118 and 30120. NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 30120(h)) that permit manufacturers to file petitions for a determination of inconsequentiality allow NHTSA to exempt manufacturers only from the duties found in sections 30118 and 30120, respectively, to notify owners, purchasers, and dealers of a defect or noncompliance and to remedy the defect or noncompliance. Therefore, this decision only applies to the subject noncompliant vehicles that FNA no longer controlled at the time it determined that the noncompliance existed. However, the granting of this petition does not relieve vehicle distributors and dealers of the prohibitions on the sale, offer for sale, or introduction or delivery for introduction into interstate commerce of the noncompliant vehicles under their control after FNA notified them that the subject noncompliance existed. Authority: 49 U.S.C. 30118, 30120: delegations of authority at 49 CFR 1.95 and 501.8. Jeffrey M. Giuseppe, Director, Office of Vehicle Safety Compliance. [FR Doc. 2016–02726 Filed 2–10–16; 8:45 am] BILLING CODE 4910–59–P VerDate Sep<11>2014 16:52 Feb 10, 2016 Jkt 238001 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 National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Grant of petition. AGENCY: 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. SUMMARY: 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 PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 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 reillumination 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 E:\FR\FM\11FEN1.SGM 11FEN1

Agencies

[Federal Register Volume 81, Number 28 (Thursday, February 11, 2016)]
[Notices]
[Pages 7408-7410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02726]


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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2014-0094; Notice 2]


Ferrari North America, Inc., Grant of Petition for Decision of 
Inconsequential Noncompliance

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

ACTION: Grant of petition.

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

SUMMARY: Ferrari North America, Inc. (FNA), has determined that certain 
model year (MY) 2007-2009 Ferrari F430 passenger cars do not fully 
comply with paragraph S4.4(c)(2), of Federal Motor Vehicle Safety 
Standard (FMVSS) No. 138, Tire Pressure Monitoring Systems. FNA filed a 
report dated July 16, 2014, pursuant to 49 CFR part 573, Defect and 
Noncompliance Responsibility and Reports. FNA then petitioned NHTSA 
under 49 CFR part 556 requesting a decision that the subject 
noncompliance is inconsequential to motor vehicle safety.

ADDRESSES: For further information on this decision contact Kerrin 
Bressant, Office of Vehicles Safety Compliance, the National Highway 
Traffic Safety Administration (NHTSA), telephone (202) 366-1110, 
facsimile (202) 366-3081.

SUPPLEMENTARY INFORMATION:

I. Overview

    Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule 
implementing those provisions at 49 CFR part 556, FNA submitted a 
petition for an exemption from the notification and remedy requirements 
of 49 U.S.C.

[[Page 7409]]

Chapter 301 on the basis that this noncompliance is inconsequential to 
motor vehicle safety.
    Notice of receipt of the petition was published, with a 30-day 
public comment period, on June 17, 2015, in the Federal Register (80 FR 
34787). No comments were received. To view the petition and all 
supporting documents log onto the Federal Docket Management System 
(FDMS) Web site at: http://www.regulations.gov/. Then follow the online 
search instructions to locate docket number ``NHTSA-2014-0094.''

II. Vehicles Involved

    Affected are approximately 1,975 MY 2007-2009 Ferrari model F430 
passenger cars manufactured from September 1, 2007 through July 29, 
2009.

III. Noncompliance

    FNA explains that the Tire Pressure Monitoring System (TPMS) 
malfunction indicator illuminates as required by FMVSS No. 138 when a 
malfunction is first detected, however, if the malfunction is caused by 
an incompatible wheel, when the vehicle ignition is deactivated and 
then reactivated to the ``On'' (``Run'') position after a five-minute 
period, the malfunction indicator does not re-illuminate immediately as 
required. FNA added, that the malfunction indicator in the subject 
vehicles will re-illuminate after a maximum of 40 seconds of driving 
above 23 miles per hour (mph).

IV. Rule Text

    Paragraph S4.4(c)(2) of FMVSS No. 138 requires in pertinent part:

    S4.4 TPMS Malfunction.
* * * * *
    (c) Combination low tire pressure/TPMS malfunction telltale. The 
vehicle meets the requirements of S4.4(a) when equipped with a 
combined Low Tire Pressure/TPMS malfunction telltale that:
    (2) Flashes for a period of at least 60 seconds but no longer 
than 90 seconds upon detection of any condition specified in S4.4(a) 
after the ignition locking system is activated to the ``On'' 
(``Run'') position. After each period of prescribed flashing, the 
telltale must remain continuously illuminated as long as a 
malfunction exists and the ignition locking system is in the ``On'' 
(``Run'') position. This flashing and illumination sequence must be 
repeated each time the ignition locking system is placed in the 
``On'' (``Run'') position until the situation causing the 
malfunction has been corrected. . . .

V. Summary of FNA's Analyses

    FNA stated its belief that the subject noncompliance is 
inconsequential to motor vehicle safety for the following reasons:
    (A) FNA stated that the TPMS in the subject vehicles generally 
functions properly to alert the driver to a low tire pressure. 
Moreover, the TPMS malfunction indicator illuminates as required when a 
problem is first detected. If, however, there is an incompatible wheel 
and tire unit, when the vehicle ignition is deactivated and then 
reactivated after a five-minute period, the malfunction indicator does 
not re-illuminate immediately as required by FMVSS No. 138. According 
to FNA, the malfunction indicator will illuminate shortly thereafter, 
and, in any event, it will illuminate in no more than 40 seconds after 
the vehicle accelerates above 23 mph. Once the vehicle has accelerated 
above 23 mph for a period of 15 seconds, the TPMS will seek to confirm 
the sensors fitted to the vehicle, and in the case a sensor is not 
fitted, the TPMS will detect this condition within a maximum of 25 
additional seconds and activate the malfunction indicator. Thus, FNA 
explained that even in the presence of the noncompliance, drivers are 
warned of the malfunction in less than one minute of driving at or 
above normal urban speeds.
    (B) FNA further explained that if the TPMS fails to detect a 
compatible wheel sensor, the TPMS monitor will display no value for the 
tire pressure of the affected wheel(s). The TPMS monitor will alert the 
driver to the fact that something is not functioning properly with the 
system, pending the illumination of the malfunction indicator.
    (C) FNA said that the noncompliance is confined to one particular 
aspect of the functionality of the otherwise compliant TPMS malfunction 
indicator. All other aspects of the low-pressure monitoring system 
functionality are fully compliant with the requirements of FMVSS No. 
138.
    (D) FNA said it is not aware of any customer complaints, field 
communications, incidents or injuries related to this condition.
    In summation, FNA believes that the described noncompliance of the 
subject vehicles is inconsequential to motor vehicle safety, and that 
its petition, to exempt FNA from providing notification of 
noncompliance as required by 49 U.S.C. 30118 and remedying the 
noncompliance as required by 49 U.S.C. 30120 should be granted.

NHTSA's Decision

    NHTSA's Analysis: FNA explained that although the malfunction 
indicator does not re-illuminate immediately after the vehicle is 
restarted, it will illuminate shortly thereafter--within 40 seconds 
after the vehicle speed exceeds 23 mph.
    NHTSA agrees with FNA that the malfunction indicator will not 
illuminate as required during very short periods of time when the 
vehicle is traveling at low speeds and thus poses little risk to 
vehicle safety. Under normal driving conditions, a driver will begin a 
trip by accelerating moderately beyond 23 mph, and as explained by FNA, 
once the vehicle accelerates above 23 mph, the malfunction indicator 
re-illuminates and then it will remain illuminated for the entire 
ignition cycle, regardless of vehicle speed. We agree the noncompliance 
will only occur in the very rare case where the driver begins a trip 
and never exceeds the 23 mph threshold, the speed required to re-
activate the malfunction indicator. No real safety risk exists because 
at such low speeds there is little risk of vehicle loss of control due 
to underinflated tires. Furthermore, the possibility that the vehicle 
will experience both a low inflation pressure condition and a 
malfunction simultaneously is highly unlikely.
    FNA stated that if the TPMS fails to detect the wheel sensors, a 
TPMS monitor is also provided that displays on its TPMS pressures 
screen ``--'' warning the driver that the status of the wheel sensor is 
not confirmed. The agency evaluated the displays FNA uses in the 
noncompliant vehicles. In addition to the combination telltale 
indicator lamp, the subject vehicles are equipped with a ``plan view'' 
icon which displays the pressures for all four wheels individually. If 
any wheel has a malfunctioning pressure sensor the indicator for that 
wheel displays several dashes indicating the there is a problem with 
that respective wheel. The additional information is not required by 
the safety standard, but can be used as an aid to the driver to 
determine the status of a vehicle's tires.
    FNA discussed that the noncompliance only involves one specific 
aspect of the malfunction and that the primary functions of the TPMS, 
identification of other malfunctions and identification of low 
inflation pressure scenarios, is not affected.
    The agency agrees with FNA's reasoning that the primary function of 
the TPMS is to identify low tire inflation pressure conditions which 
FNA's system does as required by the

[[Page 7410]]

safety standard. Also, there are a variety of other malfunctions that 
can occur in addition to the delayed re-illumination malfunction 
identified in this petition. We understand from FNA that the TPMS 
installed in the subject vehicles will otherwise perform as required.
    FNA mentioned that they have not received or are aware of any 
consumer complaints, field communications, incidences or injuries 
related to this noncompliance. In addition to the analysis done by FNA 
that looked at customer complaints, field communications, incidents or 
injuries related to this condition, NHTSA conducted additional checks 
of NHTSA's Office of Defects Investigations consumer complaint database 
and found two subject vehicle complaints both of which were determined 
to be unrelated to this petition.
    NHTSA's Decision: In consideration of the foregoing analysis, NHTSA 
has decided that FNA has met its burden of demonstrating that the FMVSS 
No. 138 noncompliance is inconsequential to motor vehicle safety. 
Accordingly, FNA's petition is hereby granted and FNA is exempted from 
the obligation of providing notification of, and a remedy for, the 
subject noncompliance under 49 U.S.C. 30118 and 30120.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 
30120(h)) that permit manufacturers to file petitions for a 
determination of inconsequentiality allow NHTSA to exempt manufacturers 
only from the duties found in sections 30118 and 30120, respectively, 
to notify owners, purchasers, and dealers of a defect or noncompliance 
and to remedy the defect or noncompliance. Therefore, this decision 
only applies to the subject noncompliant vehicles that FNA no longer 
controlled at the time it determined that the noncompliance existed. 
However, the granting of this petition does not relieve vehicle 
distributors and dealers of the prohibitions on the sale, offer for 
sale, or introduction or delivery for introduction into interstate 
commerce of the noncompliant vehicles under their control after FNA 
notified them that the subject noncompliance existed.

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

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016-02726 Filed 2-10-16; 8:45 am]
 BILLING CODE 4910-59-P