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