Automobili Lamborghini, Receipt of Petition for Decision of Inconsequential Noncompliance, 57156-57157 [2019-23189]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES 57156 Federal Register / Vol. 84, No. 206 / Thursday, October 24, 2019 / Notices The decision of the Agency must be published in the Federal Register (49 CFR 381.315(b)) with the reason for the grant or denial, and, if granted, the specific person or class of persons receiving the exemption, and the regulatory provision or provisions from which exemption is granted. The notice must also specify the effective period of the exemption (up to 5 years), and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). Issued on: October 17, 2019. Larry W. Minor, Associate Administrator for Policy. Request for Exemption Teupen has applied for an exemption for Martin Borutta from 49 CFR 383.23, which prescribes licensing requirements for drivers operating commercial motor vehicles (CMVs) in interstate or intrastate commerce. Mr. Borutta, holds a valid German commercial license but is unable to obtain a CDL because he is not a U.S. resident. A copy of the application is in Docket No. FMCSA– 2019–0131. The exemption would allow Mr. Borutta to operate CMVs in interstate or intrastate commerce to transport Teupen’s aerial lift product—also called a mobile elevated work platform (MEWP)—to various locations to test its operational safety. Mr. Borutta would typically drive for no more than 5 hours per day for one to two days. The driving would typically be done on interstate highways, and would consist of no more than 200 miles per day. In all cases, he would be accompanied by a U.S. CDL holder who is familiar with the routes to be traveled. Teupen requests that the exemption be allowed for a duration of six months. Mr. Borutta holds a valid German commercial license and, as explained by Teupen in its exemption request, the requirements for that license ensure that the same level of safety would be met or exceeded as if this driver had a U.S. CDL Automobili Lamborghini, Receipt of Petition for Decision of Inconsequential Noncompliance IV. Method To Ensure an Equivalent or Greater Level of Safety FMCSA has determined previously that the process for obtaining a German commercial license is comparable to, or as effective as, the requirements of part 383, and adequately assesses the driver’s ability to operate CMVs in the U.S. Since 2015, FMCSA has granted similar exemptions to drivers for Daimler, another German company: [March 27, 2015 (80 FR 16511); October 5, 2015 (80 FR 60220); December 7, 2015 (80 FR 76059); December 21, 2015 (80 FR 79410)]; July 12, 2016 (81 FR 45217); July 25, 2016 (81 FR 48496); August 17, 2017 (82 FR 39151); September 10, 2018 (83 FR 45742).] VerDate Sep<11>2014 17:34 Oct 23, 2019 Jkt 250001 [FR Doc. 2019–23196 Filed 10–23–19; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2019–0050; Notice 1] National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. AGENCY: Automobili Lamborghini has determined that certain 2019–2020 Lamborghini Urus motor vehicles do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 110, Tire Selection and Rims and Motor Home/Recreation Vehicle Trailer Load Carrying Capacity Information for Motor Vehicles with a GVWR of 4,536 kilograms (10,000 pounds) or Less. Automobili Lamborghini filed a noncompliance report dated April 10, 2019, and also petitioned NHTSA on May 9, 2019, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This document announces receipt of Automobili Lamborghini’s petition. DATES: The closing date for comments on the petition is November 25, 2019. ADDRESSES: Interested persons are invited to submit written data, views, and arguments on this petition. Comments must refer to the docket number cited in the title of this notice and may be submitted by any of the following methods: • Mail: Send comments by mail addressed to the 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 Delivery: Deliver comments by hand to the 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 for Federal Holidays. • Electronically: Submit comments electronically by logging onto the Federal Docket Management System SUMMARY: PO 00000 Frm 00158 Fmt 4703 Sfmt 4703 (FDMS) website at https:// 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 comments you have submitted by mail 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. All comments and supporting materials received before the close of business on the closing date indicated above will be filed in the docket and will be considered. All comments and supporting materials received after the closing date will also be filed and will be considered to the fullest extent possible. When the petition is granted or denied, notice of the decision will also be published in the Federal Register pursuant to the authority indicated at the end of this notice. All comments, background documentation, and supporting materials submitted to the 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. The docket ID number for this petition is shown in the heading of this notice. DOT’s complete Privacy Act Statement is available for review in a Federal Register notice published on April 11, 2000, (65 FR 19477–78). SUPPLEMENTARY INFORMATION: I. Overview: Automobili Lamborghini has determined that certain 2019–2020 Lamborghini Urus motor vehicles do not fully comply with paragraph S4.4.2(a) and (c) of FMVSS No. 110, Tire Selection and Rims and Motor Home/ Recreation Vehicle Trailer Load Carrying Capacity Information for Motor Vehicles with a GVWR of 4,536 kilograms (10,000 pounds) or Less (49 CFR 571.110). Automobili Lamborghini filed a noncompliance report dated April 10, 2019, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. Automobili Lamborghini also petitioned NHTSA on May 9, 2019, for an exemption from the E:\FR\FM\24OCN1.SGM 24OCN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 84, No. 206 / Thursday, October 24, 2019 / Notices notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential as it relates to motor vehicle safety, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, Exemption for Inconsequential Defect or Noncompliance. This notice of receipt of Automobili Lamborghini’s petition is published under 49 U.S.C. 30118 and 30120 and does not represent any agency decision or other exercises of judgment concerning the merits of the petition. II. Vehicles Involved: As originally filed, Automobili Lamborghini’s petition stated that the petition applied to MY 2018–2019 Lamborghini Urus motor vehicles, however, the company has since clarified that the correct MYs are MY 2019–2020. Accordingly, approximately 595 MY 2019–2020 Lamborghini Urus motor vehicles, manufactured between August 30, 2018, and April 10, 2019, are potentially involved. III. Noncompliance: Automobili Lamborghini explains that the noncompliance is that the rims equipped on the subject vehicles do not fully comply with paragraph S4.4.2(a) and (c) of FMVSS No. 110. Specifically, the rims on the subject vehicles do not contain the required designation symbol or DOT certification markings. IV. Rule Requirements: Paragraph S4.4.2(a) of FMVSS No. 110 includes the requirements relevant to this petition. Each rim or, at the option of the manufacturer in the case of a singlepiece wheel, each wheel disc shall be marked with a designation that indicates the source of the rim’s published nominal dimensions and the symbol DOT, constituting a certification by the manufacturer of the rim that the rim complies with all applicable FMVSS. V. Summary of Lamborghini’s Petition: Automobili Lamborghini described the subject noncompliance and stated its belief that the noncompliance is inconsequential as it relates to motor vehicle safety. In support of its petition, Automobili Lamborghini submitted the following reasoning: 1. The ‘‘DOT’’ marking signifies that the manufacturer of the rim has certified that the rim complies with all applicable FMVSSs. So, because ‘‘DOT’’ is a ‘‘certification,’’ it is a violation of 49 U.S.C. 30115 (‘‘Certification’’), which does not require notification and remedy (see 74 FR 69377). 2. The designation symbol under S4.4.2(a) is not considered a ‘‘certification’’ and indicates the source of the rim’s published nominal VerDate Sep<11>2014 17:34 Oct 23, 2019 Jkt 250001 dimensions. Thus, because a noncompliance under (a) is not a certification issue, which would implicate 49 U.S.C. 30115, Automobili Lamborghini has submitted a report pursuant to 49 CFR part 573. 3. Automobili Lamborghini states that the subject rims contain all information required within FMVSS § 571.110 and that the omission of the correct designation symbol ‘‘E,’’ required under S4.4.2(a), and the certification symbol ‘‘DOT,’’ required under S4.4.2(c), will not prevent tires and rims from properly matching in the case of worn-out tires. 4. Automobili Lamborghini says that the owner’s manual and the tire placard, both contain the correct and complete size of rims installed on the subject vehicles. Automobili Lamborghini stated their belief that this matter will not affect the ability to clearly identify the subject rims in case of a parts recall and that this matter does not have any effect on motor vehicle safety. 5. Automobili Lamborghini says that they are unaware of any accidents, injuries or customer complaints related to the lack of these markings. The missing markings do not affect the performance of the wheels or the tire and wheel assemblies. Automobili Lamborghini concluded by expressing the belief that the subject noncompliance is inconsequential as it relates to motor vehicle safety, and that its petition to be exempted from providing notification of the noncompliance, as required by 49 U.S.C. 30118, and a remedy for the 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 Automobili Lamborghini 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 Automobili Lamborghini notified them that the subject noncompliance existed. PO 00000 Frm 00159 Fmt 4703 Sfmt 4703 57157 Authority: (49 U.S.C. 30118, 30120: delegations of authority at 49 CFR 1.95 and 501.8) Otto G. Matheke III, Director, Office of Vehicle Safety Compliance. [FR Doc. 2019–23189 Filed 10–23–19; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2019–14785] Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Request for Comment; Crash Report Sampling System National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Notice and request for comments on an extension of a previously-approved information collection. AGENCY: In compliance with the Paperwork Reduction Act of 1995, this notice announces that the Information Collection Request (ICR) abstracted below is being forwarded to the Office of Management and Budget (OMB) for review, and requests comments on the ICR. A Federal Register Notice with a 60-day comment period soliciting comments on the following information collection was published on July 12, 2019. NHTSA received one comment on the 60-day notice, stating the importance of gathering crash data, leveraging technology, and engaging in analysis to find commonalities in crashes and better protect the public. NHTSA has concluded that it is not necessary to make any changes to the information collection based on this comment. SUMMARY: Comments must be submitted on or before November 25, 2019. ADDRESSES: Send comments regarding the burden estimate, including suggestions for reducing the burden, to the Office of Management and Budget, Attention: Desk Officer for the Office of the Secretary of Transportation, 725– 17th Street NW, Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: For additional information or access to background documents, contact Jonae Anderson, NHTSA, 1200 New Jersey Avenue SE, W53–470, NSA–210, Washington, DC 20590. Mrs. Anderson’s telephone number is (202) 366–1028. Please identify the relevant collection of DATES: E:\FR\FM\24OCN1.SGM 24OCN1

Agencies

[Federal Register Volume 84, Number 206 (Thursday, October 24, 2019)]
[Notices]
[Pages 57156-57157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23189]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2019-0050; Notice 1]


Automobili Lamborghini, 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 has determined that certain 2019-2020 
Lamborghini Urus motor vehicles do not fully comply with Federal Motor 
Vehicle Safety Standard (FMVSS) No. 110, Tire Selection and Rims and 
Motor Home/Recreation Vehicle Trailer Load Carrying Capacity 
Information for Motor Vehicles with a GVWR of 4,536 kilograms (10,000 
pounds) or Less. Automobili Lamborghini filed a noncompliance report 
dated April 10, 2019, and also petitioned NHTSA on May 9, 2019, for a 
decision that the subject noncompliance is inconsequential as it 
relates to motor vehicle safety. This document announces receipt of 
Automobili Lamborghini's petition.

DATES: The closing date for comments on the petition is November 25, 
2019.

ADDRESSES: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket number cited in the title of this notice and may be submitted by 
any of the following methods:
     Mail: Send comments by mail addressed to the 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 Delivery: Deliver comments by hand to the 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 for Federal Holidays.
     Electronically: Submit comments electronically by logging 
onto the Federal Docket Management System (FDMS) website at https://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 comments you have submitted by mail 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.
    All comments and supporting materials received before the close of 
business on the closing date indicated above will be filed in the 
docket and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will 
also be published in the Federal Register pursuant to the authority 
indicated at the end of this notice.
    All comments, background documentation, and supporting materials 
submitted to the 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. The docket ID number for this petition is shown 
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a 
Federal Register notice published on April 11, 2000, (65 FR 19477-78).

SUPPLEMENTARY INFORMATION: 
    I. Overview: Automobili Lamborghini has determined that certain 
2019-2020 Lamborghini Urus motor vehicles do not fully comply with 
paragraph S4.4.2(a) and (c) of FMVSS No. 110, Tire Selection and Rims 
and Motor Home/Recreation Vehicle Trailer Load Carrying Capacity 
Information for Motor Vehicles with a GVWR of 4,536 kilograms (10,000 
pounds) or Less (49 CFR 571.110). Automobili Lamborghini filed a 
noncompliance report dated April 10, 2019, pursuant to 49 CFR part 573, 
Defect and Noncompliance Responsibility and Reports. Automobili 
Lamborghini also petitioned NHTSA on May 9, 2019, for an exemption from 
the

[[Page 57157]]

notification and remedy requirements of 49 U.S.C. Chapter 301 on the 
basis that this noncompliance is inconsequential as it relates to motor 
vehicle safety, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR 
part 556, Exemption for Inconsequential Defect or Noncompliance.
    This notice of receipt of Automobili Lamborghini's petition is 
published under 49 U.S.C. 30118 and 30120 and does not represent any 
agency decision or other exercises of judgment concerning the merits of 
the petition.
    II. Vehicles Involved: As originally filed, Automobili 
Lamborghini's petition stated that the petition applied to MY 2018-2019 
Lamborghini Urus motor vehicles, however, the company has since 
clarified that the correct MYs are MY 2019-2020.
    Accordingly, approximately 595 MY 2019-2020 Lamborghini Urus motor 
vehicles, manufactured between August 30, 2018, and April 10, 2019, are 
potentially involved.
    III. Noncompliance: Automobili Lamborghini explains that the 
noncompliance is that the rims equipped on the subject vehicles do not 
fully comply with paragraph S4.4.2(a) and (c) of FMVSS No. 110. 
Specifically, the rims on the subject vehicles do not contain the 
required designation symbol or DOT certification markings.
    IV. Rule Requirements: Paragraph S4.4.2(a) of FMVSS No. 110 
includes the requirements relevant to this petition. Each rim or, at 
the option of the manufacturer in the case of a single-piece wheel, 
each wheel disc shall be marked with a designation that indicates the 
source of the rim's published nominal dimensions and the symbol DOT, 
constituting a certification by the manufacturer of the rim that the 
rim complies with all applicable FMVSS.
    V. Summary of Lamborghini's Petition: Automobili Lamborghini 
described the subject noncompliance and stated its belief that the 
noncompliance is inconsequential as it relates to motor vehicle safety.
    In support of its petition, Automobili Lamborghini submitted the 
following reasoning:
    1. The ``DOT'' marking signifies that the manufacturer of the rim 
has certified that the rim complies with all applicable FMVSSs. So, 
because ``DOT'' is a ``certification,'' it is a violation of 49 U.S.C. 
30115 (``Certification''), which does not require notification and 
remedy (see 74 FR 69377).
    2. The designation symbol under S4.4.2(a) is not considered a 
``certification'' and indicates the source of the rim's published 
nominal dimensions. Thus, because a noncompliance under (a) is not a 
certification issue, which would implicate 49 U.S.C. 30115, Automobili 
Lamborghini has submitted a report pursuant to 49 CFR part 573.
    3. Automobili Lamborghini states that the subject rims contain all 
information required within FMVSS Sec.  571.110 and that the omission 
of the correct designation symbol ``E,'' required under S4.4.2(a), and 
the certification symbol ``DOT,'' required under S4.4.2(c), will not 
prevent tires and rims from properly matching in the case of worn-out 
tires.
    4. Automobili Lamborghini says that the owner's manual and the tire 
placard, both contain the correct and complete size of rims installed 
on the subject vehicles. Automobili Lamborghini stated their belief 
that this matter will not affect the ability to clearly identify the 
subject rims in case of a parts recall and that this matter does not 
have any effect on motor vehicle safety.
    5. Automobili Lamborghini says that they are unaware of any 
accidents, injuries or customer complaints related to the lack of these 
markings. The missing markings do not affect the performance of the 
wheels or the tire and wheel assemblies.
    Automobili Lamborghini concluded by expressing the belief that the 
subject noncompliance is inconsequential as it relates to motor vehicle 
safety, and that its petition to be exempted from providing 
notification of the noncompliance, as required by 49 U.S.C. 30118, and 
a remedy for the 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 Automobili 
Lamborghini 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 Automobili 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)

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2019-23189 Filed 10-23-19; 8:45 am]
 BILLING CODE 4910-59-P