Automobili Lamborghini Receipt of Petition for Decision of Inconsequential Noncompliance, 42979-42980 [2020-15228]

Download as PDF Federal Register / Vol. 85, No. 136 / Wednesday, July 15, 2020 / Notices (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. 2020–15227 Filed 7–14–20; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2020–0031; Notice 1] Automobili Lamborghini Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. AGENCY: Automobili Lamborghini has determined that certain model year (MY) 2015–2020 Lamborghini Huracan motor vehicles do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equimpment. Automobili Lamborghini filed a noncompliance report dated March 4, 2020, and subsequently petitioned NHTSA on March 25, 2020, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This notice announces receipt of Automobili Lamborghini’s petition. DATES: Send comments on or before August 14, 2020. 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 in the title of this notice and 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:// khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:59 Jul 14, 2020 Jkt 250001 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 docket. 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 MY 2015–2020 Lamborghini Huracan motor vehicles do not fully comply with the requirements of paragraph S10.18.9.2 of FMVSS No. 108, Lamps, Relective Devices, and Assoicated Equipment (49 CFR 571.108). Automobili Lamborghini filed a noncompliance report dated March 4, 2020, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports, and subsequently petitioned NHTSA on March 25, 2020, for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is PO 00000 Frm 00161 Fmt 4703 Sfmt 4703 42979 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 exercise of judgment concerning the merits of the petition. II. Vehicles Involved Approximately 4,727 MY 2015–2020 Automobili Lamborghini Huracan motor vehicles manufactured between July 30, 2014, and February 26, 2020, are potentially involved. III. Noncompliance Automobili Lamborghini explains that the noncompliance is that the subject vehicles are equipped with headlamp assemblies that do not fully meet the requirements in paragraph S10.18.9.2 of FMVSS No. 108. Specifically, the horizontal aim of the lower beam can be adjusted due to the absence of a blanking cap over the beam’s horizontal adjustment screw. IV. Rule Requirements Paragraph S10.18.9.2 of FMVSS No. 108 includes the requirements relevant to this petition. The standard requires that the headlamp not be adjustable in terms of horizontal aim unless the headlamp is equipped with a horizontal vehicle headlamp aiming device (VHAD). If the headlamp has a VHAD, it is set to zero. V. Summary of Automobili Lamborghini’s Petition The following views and arguments presented in this section, V. Summary of Automobili Lamborghini’s Petition, are the views and arguments provided by Automobili Lamborghini. They have not been evaluated by the Agency and do not reflect the views of the Agency. Automobili Lamborghini described the subject noncompliance and stated their belief that the noncompliance is inconsequential as it relates to motor vehicle safety. Automobili Lamborghini stated that the horizontal aim adjustment of the subject beams is possible, due to the absence of a blanking cap over the beam horizontal adjustment screw. Demounting the luggage compartment liner, customers, with advanced technical knowledge, can reach the horizontal adjustment screw and make the horizontal adjustment by themselves; however, Automobili Lamborghini argues that this noncompliance is inconsequential to E:\FR\FM\15JYN1.SGM 15JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 42980 Federal Register / Vol. 85, No. 136 / Wednesday, July 15, 2020 / Notices motor vehicle safety for the following reasons: 1. First, the adjustment screw is hidden by the luggage liner when the vehicle’s hood is open, so the screw is not visible. 2. Second, the Owner’s Manual does not identify this screw, so no vehicle owner would ever need to try to search for and adjust the screw in question. 3. The only possibility to reach the adjustment screw without removing the luggage liner is through a small hole in the luggage liner using a long screwdriver, but without any possibility to see it and without any indication of how to do it. 4. Automobili Lamborghini is unaware of any accidents, injuries, or customer complaints related to the horizontal aim adjustment of the subject beams. 5. The issue was corrected in production during calendar week 15 (fifteen) of 2020. 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. DEPARTMENT OF THE TREASURY DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency Office of the Comptroller of the Currency [Docket ID: OCC–2020–0028] [Docket ID OCC–2020–0030] Minority Depository Institutions Advisory Committee Office of the Comptroller of the Currency (OCC), Department of the Treasury. AGENCY: ACTION: Notice. The OCC has determined that the renewal of the charter of the OCC Minority Depository Institutions Advisory Committee (MDIAC) is necessary and in the public interest. The OCC hereby gives notice of the renewal of the charter. SUMMARY: The charter of the OCC MDIAC has been renewed for a two-year period that began on June 23, 2020. DATES: FOR FURTHER INFORMATION CONTACT: Beverly F. Cole, Deputy Comptroller for the Northeastern District and Designated Federal Officer, (212) 340–4001, Office of the Comptroller of the Currency, 340 Madison Ave. Fifth Floor, New York, NY 10173. (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. Brian P. Brooks, Acting Comptroller of the Currency. [FR Doc. 2020–15228 Filed 7–14–20; 8:45 am] [FR Doc. 2020–15257 Filed 7–14–20; 8:45 am] BILLING CODE 4910–59–P BILLING CODE P 17:59 Jul 14, 2020 Jkt 250001 SUPPLEMENTARY INFORMATION: PO 00000 Frm 00162 Fmt 4703 Office of the Comptroller of the Currency, Department of the Treasury (OCC). ACTION: Request for nominations. AGENCY: The OCC is seeking nominations for members of the Mutual Savings Association Advisory Committee (MSAAC) and the Minority Depository Institutions Advisory Committee (MDIAC). The MSAAC and the MDIAC assist the OCC in assessing the needs and challenges facing mutual savings associations and minority depository institutions, respectively. The OCC is seeking nominations of individuals who are officers and/or directors of federal mutual savings associations, or officers and/or directors of federal stock savings associations that are part of a mutual holding company structure, to be considered for selection as MSAAC members. The OCC also is seeking nominations of individuals who are officers and/or directors of OCCregulated minority depository institutions, or officers and/or directors of other OCC-regulated depository institutions with a commitment to supporting minority depository institutions, to be considered for selection as MDIAC members. DATES: Nominations must be received on or before September 8, 2020. ADDRESSES: Nominations of MSAAC members should be sent to msaac.nominations@occ.treas.gov or mailed to: Michael R. Brickman, Deputy Comptroller for Thrift Supervision, 400 7th Street SW, Washington, DC 20219. Nominations of MDIAC members should be sent to mdiac.nominations@ occ.treas.gov or mailed to: Beverly F. Cole, Deputy Comptroller for the Northeastern District, 340 Madison Ave, Fifth Floor, New York, NY 10173. FOR FURTHER INFORMATION CONTACT: For inquires regarding the MSAAC, Michael R. Brickman, Deputy Comptroller for Thrift Supervision: msaac.nominations@occ.treas.gov or (202) 649–5420. For inquires regarding the MDIAC, Beverly F. Cole, Deputy Comptroller for the Northeastern District: mdiac.nominations@occ.treas.gov or (212) 340–4001. SUPPLEMENTARY INFORMATION: The MSAAC and the MDIAC will be SUMMARY: Notice of the renewal of the MDIAC charter is hereby given, with the approval of the Secretary of the Treasury, pursuant to section 9(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. The Comptroller of the Currency has determined that the renewal of the MDIAC charter is necessary and in the public interest to provide advice and information about the current circumstances and future development of minority depository institutions, in accordance with the goals established by section 308 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA), Public Law 101–73, Title III, 103 Stat. 353, 12 U.S.C. 1463 note, which are to preserve the present number of minority depository institutions, preserve the minority character of minority depository institutions in cases involving mergers or acquisitions, provide technical assistance, and encourage the creation of new minority depository institutions. VerDate Sep<11>2014 Mutual Savings Association Advisory Committee and Minority Depository Institutions Advisory Committee Sfmt 4703 E:\FR\FM\15JYN1.SGM 15JYN1

Agencies

[Federal Register Volume 85, Number 136 (Wednesday, July 15, 2020)]
[Notices]
[Pages 42979-42980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15228]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2020-0031; 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 model year 
(MY) 2015-2020 Lamborghini Huracan motor vehicles do not fully comply 
with Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, 
Reflective Devices, and Associated Equimpment. Automobili Lamborghini 
filed a noncompliance report dated March 4, 2020, and subsequently 
petitioned NHTSA on March 25, 2020, for a decision that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety. 
This notice announces receipt of Automobili Lamborghini's petition.

DATES: Send comments on or before August 14, 2020.

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 in the title of this notice and 
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 docket. 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 MY 2015-2020 
Lamborghini Huracan motor vehicles do not fully comply with the 
requirements of paragraph S10.18.9.2 of FMVSS No. 108, Lamps, Relective 
Devices, and Assoicated Equipment (49 CFR 571.108). Automobili 
Lamborghini filed a noncompliance report dated March 4, 2020, pursuant 
to 49 CFR part 573, Defect and Noncompliance Responsibility and 
Reports, and subsequently petitioned NHTSA on March 25, 2020, for an 
exemption from the 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 exercise of judgment concerning the merits of 
the petition.

II. Vehicles Involved

    Approximately 4,727 MY 2015-2020 Automobili Lamborghini Huracan 
motor vehicles manufactured between July 30, 2014, and February 26, 
2020, are potentially involved.

III. Noncompliance

    Automobili Lamborghini explains that the noncompliance is that the 
subject vehicles are equipped with headlamp assemblies that do not 
fully meet the requirements in paragraph S10.18.9.2 of FMVSS No. 108. 
Specifically, the horizontal aim of the lower beam can be adjusted due 
to the absence of a blanking cap over the beam's horizontal adjustment 
screw.

IV. Rule Requirements

    Paragraph S10.18.9.2 of FMVSS No. 108 includes the requirements 
relevant to this petition. The standard requires that the headlamp not 
be adjustable in terms of horizontal aim unless the headlamp is 
equipped with a horizontal vehicle headlamp aiming device (VHAD). If 
the headlamp has a VHAD, it is set to zero.

V. Summary of Automobili Lamborghini's Petition

    The following views and arguments presented in this section, V. 
Summary of Automobili Lamborghini's Petition, are the views and 
arguments provided by Automobili Lamborghini. They have not been 
evaluated by the Agency and do not reflect the views of the Agency. 
Automobili Lamborghini described the subject noncompliance and stated 
their belief that the noncompliance is inconsequential as it relates to 
motor vehicle safety.
    Automobili Lamborghini stated that the horizontal aim adjustment of 
the subject beams is possible, due to the absence of a blanking cap 
over the beam horizontal adjustment screw. Demounting the luggage 
compartment liner, customers, with advanced technical knowledge, can 
reach the horizontal adjustment screw and make the horizontal 
adjustment by themselves; however, Automobili Lamborghini argues that 
this noncompliance is inconsequential to

[[Page 42980]]

motor vehicle safety for the following reasons:
    1. First, the adjustment screw is hidden by the luggage liner when 
the vehicle's hood is open, so the screw is not visible.
    2. Second, the Owner's Manual does not identify this screw, so no 
vehicle owner would ever need to try to search for and adjust the screw 
in question.
    3. The only possibility to reach the adjustment screw without 
removing the luggage liner is through a small hole in the luggage liner 
using a long screwdriver, but without any possibility to see it and 
without any indication of how to do it.
    4. Automobili Lamborghini is unaware of any accidents, injuries, or 
customer complaints related to the horizontal aim adjustment of the 
subject beams.
    5. The issue was corrected in production during calendar week 15 
(fifteen) of 2020.
    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. 2020-15228 Filed 7-14-20; 8:45 am]
BILLING CODE 4910-59-P