Maserati North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 45465-45468 [2020-16336]

Agencies

• National Highway Traffic Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 85, Number 145 (Tuesday, July 28, 2020)]
[Notices]
[Pages 45465-45468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16336]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2020-0019; Notice 1]


Maserati North America, Inc., Receipt of Petition for Decision of 
Inconsequential Noncompliance

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

ACTION: Receipt of petition.

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SUMMARY: Maserati North America, Inc., (MNA) has determined that 
certain

[[Page 45466]]

model year (MY) 2014-2020 Maserati Quattroporte, MY 2014-2020 Maserati 
Ghibli, and MY 2017-2020 Maserati Levante motor vehicles do not fully 
comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 135, 
Light Vehicle Brake Systems, FMVSS No.138, Tire Pressure Monitoring 
Systems, FMVSS No. 202a, Head restraints, and FMVSS No. 210, Seat Belt 
Assembly Anchorages. MNA filed a noncompliance report dated February 
14, 2020. MNA subsequently petitioned NHTSA on March 6, 2020, for a 
decision that the subject noncompliance is inconsequential as it 
relates to motor vehicle safety. This notice announces receipt of MNA's 
petition.

DATES: Send comments on or before August 27, 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: MNA has determined that certain MY 2014-2020 Maserati 
Quattroporte, MY 2014-2020 Maserati Ghibli, and MY 2017-2020 Maserati 
Levante motor vehicles do not fully comply with the requirements of 
paragraph S5.5.2(c) of FMVSS No. 135, Light Vehicle Brake Systems (49 
CFR 571.135); paragraph S4.5(a) of FMVSS No. 138, Tire Pressure 
Monitoring Systems (49 CFR 571.138); paragraphs S4.7.1 and S4.7.2 of 
FMVSS No. 202a, Head Restraints (49 CFR 571.202a); and paragraph S6 of 
FMVSS No. 210, Seat Belt Assembly Anchorages (49 CFR 571.210). MNA 
filed a noncompliance report dated February 14, 2020, pursuant to 49 
CFR part 573, Defect and Noncompliance Responsibility and Reports. MNA 
subsequently petitioned NHTSA on March 6, 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 MNA'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 70,406 MY 2014-2020 Maserati 
Quattroporte, MY 2014-2020 Maserati Ghibli, and 2017-2020 Maserati 
Levante motor vehicles manufactured between April 30, 2013, and 
February 7, 2020, are potentially involved.
    III. Noncompliance: MNA explains that the noncompliance is that 
owner's manuals for the subject vehicles were provided in electronic 
form only instead of hardcopy and therefore, do not fully comply with 
paragraph S5.5.2(c) of FMVSS No. 135, paragraph S4.5(a) of FMVSS No. 
138, paragraphs S4.7.1 and S4.7.2 of FMVSS No. 202a, and paragraph S6 
of FMVSS No. 210. Specifically, certain information required by 
specific FMVSSs must be in paper or tangible format and provided with 
first sale of the vehicle.
    IV. Rule Requirements: Paragraph S5.5.2(c) of FMVSS No. 135, 
paragraph S4.5(a) of FMVSS No. 138, paragraphs S4.7.1 and S4.7.2 of 
FMVSS No. 202a, and paragraph S6 of FMVSS No. 210 include the 
requirements relevant to this petition.
     The manufacturer shall explain the brake check function 
test procedure in the owner's manual.
     Beginning on September 1, 2006, the owner's manual in each 
vehicle certified as complying with S4 must provide an image of the Low 
Tire Pressure Telltale symbol (and an image of the TPMS Malfunction 
Telltale warning (TPMS), if a dedicated telltale is utilized for this 
function) with the following statement in English:

    Each tire, including the spare (if provided), should be checked 
monthly when cold and inflated to the inflation pressure recommended 
by the vehicle manufacturer on the vehicle placard or tire inflation 
pressure label. (If your vehicle has tires of a different size than 
the size indicated on the vehicle placard or tire inflation pressure 
label, you should determine the proper tire inflation pressure for 
those tires.)
    As an added safety feature, your vehicle has been equipped with 
a tire pressure monitoring system (TPMS) that illuminates a low tire 
pressure telltale when one or more of your tires is significantly 
under-inflated. Accordingly, when the low tire pressure telltale 
illuminates, you should stop and check your tires as soon as 
possible, and inflate them to the proper pressure. Driving on a 
significantly under-inflated tire causes the tire to overheat and 
can lead to tire failure. Under-inflation also reduces fuel 
efficiency and tire tread life, and may affect the vehicle's 
handling and stopping ability.
    Please note that the TPMS is not a substitute for proper tire 
maintenance, and it is the driver's responsibility to maintain 
correct tire pressure, even if under-inflation has not reached the 
level to trigger illumination of the TPMS low tire pressure 
telltale.
    [The following paragraph is required for all vehicles certified 
to the standard starting on September 1, 2007, and for vehicles 
voluntarily equipped with a compliant TPMS MIL before that time.] 
Your vehicle has also

[[Page 45467]]

been equipped with a TPMS malfunction indicator to indicate when the 
system is not operating properly. [For vehicles with a dedicated MIL 
telltale, add the following statement: The TPMS malfunction 
indicator is provided by a separate telltale, which displays the 
symbol ``TPMS'' when illuminated.] [For vehicles with a combined low 
tire pressure/MIL telltale, add the following statement: The TPMS 
malfunction indicator is combined with the low tire pressure 
telltale. When the system detects a malfunction, the telltale will 
flash for approximately one minute and then remain continuously 
illuminated. This sequence will continue upon subsequent vehicle 
start-ups as long as the malfunction exists.] When the malfunction 
indicator is illuminated, the system may not be able to detect or 
signal low tire pressure as intended. TPMS malfunctions may occur 
for a variety of reasons, including the installation of replacement 
or alternate tires or wheels on the vehicle that prevent the TPMS 
from functioning properly. Always check the TPMS malfunction 
telltale after replacing one or more tires or wheels on your vehicle 
to ensure that the replacement or alternate tires and wheels allow 
the TPMS to continue to function properly.

     The owner's manual for each vehicle must emphasize that 
all occupants, including the driver, should not operate a vehicle or 
sit in a vehicle's seat until the head restraints are placed in their 
proper positions in order to minimize the risk of neck injury in the 
event of a crash.
     The owner's manual for each vehicle must:
    [cir] Include an accurate description of the vehicle's head 
restraint system in an easily understandable format. The owner's manual 
must clearly identify which seats are equipped with head restraints;
    [cir] If the head restraints are removeable, the owner's manual 
must provide instructions on how to remove the head restraint by a 
deliberate action distinct from any act necessary for upward 
adjustment, and how to reinstall head restraints;
    [cir] Warn that all head restraints must be reinstalled to properly 
protect vehicle occupants;
    [cir] Describe in an easily understandable format the adjustment of 
the head restraints and/or seat back to achieve appropriate head 
restraint position relative to the occupant's head. This discussion 
must include, at a minimum, accurate information on the following 
topics:
    [ssquf] A presentation and explanation of the main components of 
the vehicle's head restraints;
    [ssquf] The basic requirements of proper head restraint operation, 
including an explanation of the actions that may affect proper 
functioning of the head restraints; and
    [ssquf] The basic requirements for proper positioning of a head 
restraint in relation to an occupant's head position, including 
information regarding the proper positioning of the center of gravity 
of an occupant's head or some other anatomical landmark in relation to 
the head restraint.
     The owner's manual in each vehicle with a gross vehicle 
weight rating of 4,536 or less manufactured after September 1, 1987, 
shall include:
    [cir] A section explaining that all child restraint systems are 
designed to be secured in vehicle seats by lap belts or the lap belt 
portion of a lap-shoulder belt. The section shall also explain that 
children could be endangered in a crash if their child restraints are 
not properly secured in the vehicle; and
    [cir] In a vehicle with rear designated seating positions, a 
statement alerting vehicle owners that, according to accident 
statistics, children are safer when properly restrained in the rear 
seating positions than in the front seating positions.
    V. Summary of MNA's Petition: The following views and arguments 
presented in this section are the views and arguments provided by MNA. 
They have not been evaluated by the Agency and do not reflect the views 
of the Agency. MNA described the subject noncompliance and stated their 
belief that the noncompliance is inconsequential as it relates to motor 
vehicle safety.
    In support of its petition, MNA submitted the following reasoning:
    1. The required information and explanations to comply with the 
referenced FMVSS are readily available in the vehicle through the 
electronic owner's manuals included with the vehicle.
    2. An interpretation issued by NHTSA's Chief Counsel to Congressman 
Bob Goodlatte, dated May 18, 2009, states that the information required 
by certain FMVSS must be provided in paper, tangible format. MNA 
believes this is not directly applicable to this situation due to 
advances in technology over the last 10 years. The situation envisioned 
in the 2009 interpretation required a separate, off-vehicle, CD device 
in at least some cases for owners to access the manual. The electronic 
Maserati owner's manual is available for use on all affected vehicles 
through the center console screen with no additional equipment 
required.
    3. MY 2014-2016 Vehicles:
    a. The DVD used in MY 2014-2016 vehicles provides the same or 
greater level of utility as paper manuals. The DVD is organized into 
functional chapters with sections in each chapter similar to the 
printed owner's manual. The DVD can be copied by vehicle owners, 
providing the ability to have separate copies at home and in the 
vehicle, if desired. In addition, the owner's manual in PDF format is 
included on the DVD.
    b. The DVD manual is enabled to ``auto play'' when inserted into 
the standard equipment DVD player on the vehicle. The DVD manual has 
active links for each section shown in the table of contents at each 
level. This allows the user to automatically ``jump'' to the desired 
information rather than search through physical pages to reach the 
correct part of a paper manual.
    c. For driver safety, the DVD reader is only available when the 
vehicle is not moving.
    d. All affected vehicles have a standard DVD player in the center 
stack capable of reading the DVD. An off-vehicle device is not required 
to read the owner's manual.
    e. Printed owner's manuals are available through dealers or online 
for customers that desire them.
    f. MNA is not aware of any crashes, injuries, or customer 
complaints associated with this condition.
    4. 2017-2020 Vehicles:
    a. The integrated manual used in MY 2017-2020 vehicles provides 
greater functionality compared to printed manuals. Owners can search 
the owner's manual using text fields as well as search by visual icon, 
allowing rapid access to explanations and warnings. The system further 
provides the ability to explore the vehicle through diagrams linked to 
all applicable text descriptions. Portions of the manual can be 
bookmarked for easy access later through a ``Favorites'' function.
    b. The manual can be accessed from the Maserati emblem on the 
touchscreen. This opens the ``Apps'' screen with the User Guide 
available as an option on the second screen. The Owner's Manual is 
available from the User Guide screen, as well.
    c. All screens use hyperlinks to allow users to quickly scroll down 
to desired information. The Index function allows search by either ``A-
Z Index'' or visual icon.
    d. Further functionality is provided to users in being able to 
access interactive schematics of the vehicle hyperlinked to 
explanations of key items.
    e. Additionally, users can perform keyword searches using the 
Search function and can bookmark favorites just by clicking on the star 
icon.
    f. Unlike paper owners' manuals, which can be removed from the 
vehicle and thus unavailable to future owners or lessees, the on-
vehicle integrated

[[Page 45468]]

manual will always be available, including to subsequent owners or 
lessees.
    g. Printed owner's manuals are available through dealers or online 
for customers that desire them.
    h. MNA is not aware of any crashes, injuries, or customer 
complaints associated with this condition.
    5. MNA submits that all of the safety information required by the 
referenced FMVSS is readily available to the vehicle operator, 
consistent with the safety purpose of the standards. Unlike the 
electronic owners' manuals described in the 2009 legal interpretation 
to Congressman Goodlatte, which required operators to use off-vehicle 
devices to access the information, MNA vehicles provide easy, onvehicle 
access to the required safety information.
    6. Because the information is readily available to the operator 
through on-vehicle technology, MNA believes that the fact that this 
information is not also provided to operators in paper form is 
inconsequential to motor vehicle safety.
    MNA 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 MNA 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 MNA 
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. 2020-16336 Filed 7-27-20; 8:45 am]
BILLING CODE 4910-59-P