Tesla, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 5311-5313 [2021-01088]

Download as PDF Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Notices DEPARTMENT OF STATE [Public Notice: 11319] Notice of Department of State Sanctions Blocking Property and Suspending Entry of Certain Persons Contributing to the Situation in Syria The Secretary of State has imposed sanctions on three individuals. DATES: The Secretary of State’s determination and selection of certain sanctions to be imposed upon the six individuals identified in the SUPPLEMENTARY INFORMATION section were effective on December 22, 2020. FOR FURTHER INFORMATION CONTACT: Taylor Ruggles, Director, Office of Economic Sanctions Policy and Implementation, Bureau of Economic and Business Affairs, Department of State, Washington, DC 20520, tel.: (202) 647 7677, email: RugglesTV@state.gov. SUPPLEMENTARY INFORMATION: Pursuant to Section 2(a) of E.O. 13894 of October 14, 2019, the Secretary of State, in consultation with the Secretary of the Treasury, the Secretary of Commerce, the Secretary of Homeland Security, and the United States Trade Representative, and with the President of the ExportImport Bank, the Chairman of the Board of Governors of the Federal Reserve System, and other agencies and officials as appropriate, is authorized to impose on a person any of the sanctions described in section 2(c) of E.O. 13894 upon determining that the person met any criteria set forth in section 2(a)(i) or section 2(a)(ii) of E.O. 13894. The Secretary of State has determined, pursuant to Section 2(a)(i)(A) of E.O. 13894, that Kifah Moulhem is complicit in, has directly or indirectly engaged in, or attempted to engage in, or financed, the obstruction, disruption, or prevention of a ceasefire in northern Syria. The Secretary of State has determined, pursuant to Section 2(a)(i)(D) of E.O. 13894, that Asma alAssad is responsible the obstruction, disruption, or prevention of efforts to promote a political solution to the conflict in Syria, including: The development of a new Syrian government that is representative and reflects the will of the Syrian people, per Section 2(a)(i)(D)(3) of the E.O. The Secretary of State has determined, pursuant to Section 2(a)(ii) of E.O. 13894, that Fawaz Akhras, Sahar Otri Akhras, Firas al-Akhras, and Eyad Akhras shall be designated as adult family members of a person (Asma alAssad) designated under Section 2(a)(i) of E.O. 13894. khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 19:19 Jan 17, 2021 Jkt 253001 Pursuant to Sections 2(b) and 2(c) of E.O. 13894, the Secretary of State has selected the following sanctions to be imposed upon Kifah Moulhem, Asma al-Assad, Fawaz Akhras, Sahar Otri Akhras, Firas al-Akhras, and Eyad Akhras: • Block all property and interests in property that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of any United States person of Kifah Moulhem, Asma al-Assad, Fawaz Akhras, Sahar Otri Akhras, Firas al-Akhras, and Eyad Akhras, and provide that such property and interests in property may not be transferred, paid, exported, withdrawn, or otherwise dealt in (Section 2(c)(iv) of E.O. 13894). Peter D. Haas, Principal Deputy Assistant Secretary, Bureau of Economic and Business Affairs, Department of State. [FR Doc. 2021–00955 Filed 1–15–21; 8:45 am] BILLING CODE 4710–AE–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2020–0099; Notice 1] Tesla, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. AGENCY: Tesla, Inc. (Tesla) has determined that certain Model Year (MY) 2012–2020 Tesla motor vehicles do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 101, Controls and Displays. Tesla filed a noncompliance report dated September 24, 2020. Tesla subsequently petitioned NHTSA on September 25, 2020, and later provided supplemental information on October 23, 2020, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This notice announces receipt of Tesla’s petition. DATES: Send comments on or before February 18, 2021. 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: SUMMARY: PO 00000 Frm 00182 Fmt 4703 Sfmt 4703 5311 • 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: E:\FR\FM\19JAN1.SGM 19JAN1 5312 Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Notices I. Overview Tesla has determined that certain MY 2012–2020 Tesla Model S, Tesla Model X, Tesla Model 3, and Tesla Model Y motor vehicles do not fully comply with the requirements of paragraph S5.2.1 (Table 1) of FMVSS No. 101, Controls and Displays (49 CFR 571.101). Tesla filed a noncompliance report dated September 24, 2020, pursuant to 49 CFR 573, Defect and Noncompliance Responsibility and Reports. Tesla subsequently petitioned NHTSA on September 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 556, Exemption for Inconsequential Defect or Noncompliance. Tesla also provided supplemental information related to the petition on October 23, 2020. This notice of receipt of Tesla’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. Motor Vehicles Involved Approximately 612,065 MY 2012– 2020 Tesla Model S, Tesla Model X, Tesla Model 3, and Tesla Model Y motor vehicles, manufactured between December 1, 2011, and August 31, 2020, are potentially involved. khammond on DSKJM1Z7X2PROD with NOTICES III. Noncompliance Tesla explains that the noncompliance is that the subject motor vehicles are equipped with speedometers that can be switched by the operator to display the vehicle’s speed in units of either miles per hour (MPH) or kilometers-per-hour (km/h) and therefore, do not meet the requirements set forth in paragraph S5.2.1 and Table 1, Column 3 of FMVSS No. 101. IV. Rule Requirements Paragraph S5.2.1 and Table 1, Column 3 of FMVSS No. 101 includes the requirements relevant to this petition. Each passenger car, multipurpose passenger vehicle, truck, and bus that is fitted with a control, a telltale, or an indicator listed in Table 1 or Table 2 of FMVSS No. 101 must meet the requirements for the location, identification, color, and illumination of that control, telltale, or indicator. Each control, telltale, and indicator that is listed in column 1 of Table 1 or Table 2 must be identified by the symbol specified for it in column 2 or the word or abbreviation specified for it in VerDate Sep<11>2014 19:19 Jan 17, 2021 Jkt 253001 column 3 of Table 1 or Table 2. Specifically, the speedometer must only allow the speed to be displayed in ‘‘MPH, or MPH and km/h.’’ V. Summary of Tesla’s Petition The following views and arguments presented in this section, ‘‘V. Summary of Tesla’s Petition,’’ are the views and arguments provided by Tesla. They have not been evaluated by the Agency and do not reflect the views of the Agency. Tesla describes the subject noncompliance and contends that the noncompliance is inconsequential as it relates to motor vehicle safety. In support of its petition, Tesla offers the following reasoning: 1. All affected vehicles are originally configured to display speed in mph and are delivered for first sale in the United States market in a compliant state. Because distance is most commonly measured in the United States in Imperial units (including mph), the majority of owners will continue to operate their vehicle using the factoryconfigured unit displayed (i.e., with the speed displayed in mph) and are unlikely to ever attempt to change to metric units. 2. Only through driver interaction within the display settings menu can the unit of measurement be changed from miles to kilometers. This change must be done intentionally and cannot be accomplished inadvertently. 3. When the display is set to kilometers, the indicated vehicle speed in km/h is 1.6 times greater than the speed in mph. As a result, if a vehicle operator changes the display to indicate km/h and later forgets or neglects to change the display back to mph, they (or a subsequent operator) would be more likely to travel at a slower speed rather than a faster speed. Moreover, because the operator will be able to easily recognize that the vehicle is moving at a lower speed than intended, they will likely adjust their vehicle speed to match road and traffic conditions. 4. If the vehicle operator has set the display to kilometers, all functions relying on, or otherwise tied to, the speed limit (e.g., Traffic Aware Cruise Control and Speed Assist) will convert mapped data from mph to km/h, resulting in the vehicle speed automatically matching the appropriate speed limit even though the display is km/h. 5. If the vehicle operator needs to change the display back from km/h to mph, the method for doing so can be easily located in the display menu and is not buried in sub-menus. 6. If the operator nevertheless has difficulty finding the menu to change PO 00000 Frm 00183 Fmt 4703 Sfmt 4703 the unit setting within the center display, instructions are available in the Owner’s Manual. For example, in the chapter on Controls in the Model 3 Owner’s Manual, there are instructions on how to navigate the menu and an explanation that within the ‘‘Display’’ menu, there is a ‘‘Distance’’ toggle that allows operators to ‘‘Choose to display miles or kilometers for range, speed, energy, trip meters, map searches, and navigation routes.’’ 7. On September 1, 2020, factory firmware release 2020.28.102.2 was introduced in production, updating the speedometer units to display km/h and mph when the display distance is set to kilometers. The change was also included in firmware release 2020.36.11, which began rolling out to field vehicles on or about September 16, 2020, so all vehicles accepting the update (and future updates) will receive compliant speedometer units. Tesla expects a majority of vehicles will have the update completed within a few weeks and expects nearly all vehicles to have completed the update within 6 months. 8. To date, Tesla has not received any reports of loss of control, collision, injury or fatality, property damage, or fire related to this issue. 9. Finally, Tesla notes that NHTSA has recently granted two petitions for inconsequential treatment involving speedometer unit display noncompliances, both of which involved a km/h display that did not also display mph. See, e.g., Volkswagen Group of America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance, 85 FR 39675 (July 1, 2020); BMW of North America, LLC, Grant of Petition for Decision of Inconsequential Noncompliance, 80 FR 61884 (Oct. 14, 2015). Because this issue is identical to the noncompliances in those cases, NHTSA should grant this petition for the same reasons. 10. In Tesla’s supplemental materials they stated that the display setting has been corrected in production, as of September 1, 2020. Tesla states that more than 75 percent of the affected U.S. vehicles have accepted the firmware update released on September 16, 2020. Tesla concludes by again contending 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 E:\FR\FM\19JAN1.SGM 19JAN1 Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Notices 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 Tesla 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 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. Otto G. Matheke III, Director, Office of Vehicle Safety Compliance. [FR Doc. 2021–01088 Filed 1–15–21; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration [Docket No. PHMSA–2020–0006] Pipeline Safety: Request for Special Permit; Tennessee Gas Pipeline, L.L.C. Pipeline and Hazardous Materials Safety Administration (PHMSA); DOT. ACTION: Notice. AGENCY: PHMSA is publishing this notice to solicit public comments on a request for special permit received from the Tennessee Gas Pipeline, L.L.C. (TGP). The special permit request is seeking relief from compliance with certain requirements in the Federal pipeline safety regulations. At the conclusion of the 30-day comment period, PHMSA will review the comments received from this notice as part of its evaluation to grant or deny the special permit request. DATES: Submit any comments regarding this special permit request by February 18, 2021. ADDRESSES: Comments should reference the docket number for this specific special permit request and may be submitted in the following ways: • E-Gov Website: http:// www.Regulations.gov. This site allows the public to enter comments on any khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 19:19 Jan 17, 2021 Jkt 253001 Federal Register notice issued by any agency. • Fax: 1–202–493–2251. • Mail: Docket Management System: 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: Docket Management System: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. Instructions: You should identify the docket number for the special permit request you are commenting on at the beginning of your comments. If you submit your comments by mail, please submit two (2) copies. To receive confirmation that PHMSA has received your comments, please include a selfaddressed stamped postcard. Internet users may submit comments at http:// www.Regulations.gov. Note: There is a privacy statement published on http://www.Regulations.gov. Comments, including any personal information provided, are posted without changes or edits to http:// www.Regulations.gov. Confidential Business Information: Confidential Business Information (CBI) is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this notice contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this notice, it is important that you clearly designate the submitted comments as CBI. Pursuant to 49 Code of Federal Regulations (CFR) § 190.343, you may ask PHMSA to give confidential treatment to information you give to the agency by taking the following steps: (1) Mark each page of the original document submission containing CBI as ‘‘Confidential’’; (2) send PHMSA, along with the original document, a second copy of the original document with the CBI deleted; and (3) explain why the information you are submitting is CBI. Unless you are notified otherwise, PHMSA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this notice. Submissions containing CBI should be sent to Kay McIver, DOT, PHMSA– PO 00000 Frm 00184 Fmt 4703 Sfmt 4703 5313 PHP–80, 1200 New Jersey Avenue SE, Washington, DC 20590–0001. Any commentary PHMSA receives that is not specifically designated as CBI will be placed in the public docket for this matter. FOR FURTHER INFORMATION CONTACT: General: Ms. Kay McIver by telephone at 202–366–0113, or by email at kay.mciver@dot.gov. Technical: Mr. Steve Nanney by telephone at 713–272–2855, or by email at steve.nanney@dot.gov. PHMSA received a special permit request from TGP seeking a waiver from the requirements of 49 CFR 192.611(a) and (d): Change in class location: Confirmation or revision of maximum allowable operating pressure, and § 192.619(a): Maximum allowable operating pressure: Steel or plastic pipelines. This special permit is being requested in lieu of pipe replacement or pressure reduction for six (6) special permit segments of 16,116 feet (3.052 miles) on the TGP pipeline system. The proposed special permit segments are located in Harris County, Texas, Ouachita Parish, Louisiana, and Robertson County, Tennessee. The TGP pipeline class location in the special permit segments has changed from a Class 1 or Class 2 to a Class 3 location. The TGP pipeline special permit segments are 24-inch, 26-inch, and 30inch diameter pipelines with an existing maximum allowable operating pressure of 750 pounds per square inch gauge. The installation of the special permit segments occurred in 1966 and 1989. The special permit request, proposed special permit with conditions, and Draft Environmental Assessment (DEA) for the TGP pipeline are available for review and public comment in Docket No. PHMSA–2020–0006. We invite interested persons to review and submit comments on the special permit request and DEA in the docket. Please include any comments on potential safety and environmental impacts that may result if the special permit is granted. Comments may include relevant data. Before issuing a decision on the special permit request, PHMSA will evaluate all comments received on or before the comment closing date. Comments received after the closing date will be evaluated, if it is possible to do so without incurring additional expense or delay. PHMSA will consider each relevant comment it receives in making its decision to grant or deny this special permit request. SUPPLEMENTARY INFORMATION: E:\FR\FM\19JAN1.SGM 19JAN1

Agencies

[Federal Register Volume 86, Number 11 (Tuesday, January 19, 2021)]
[Notices]
[Pages 5311-5313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01088]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2020-0099; Notice 1]


Tesla, Inc., Receipt of Petition for Decision of Inconsequential 
Noncompliance

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

ACTION: Receipt of petition.

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

SUMMARY: Tesla, Inc. (Tesla) has determined that certain Model Year 
(MY) 2012-2020 Tesla motor vehicles do not fully comply with Federal 
Motor Vehicle Safety Standard (FMVSS) No. 101, Controls and Displays. 
Tesla filed a noncompliance report dated September 24, 2020. Tesla 
subsequently petitioned NHTSA on September 25, 2020, and later provided 
supplemental information on October 23, 2020, for a decision that the 
subject noncompliance is inconsequential as it relates to motor vehicle 
safety. This notice announces receipt of Tesla's petition.

DATES: Send comments on or before February 18, 2021.

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: 

[[Page 5312]]

I. Overview

    Tesla has determined that certain MY 2012-2020 Tesla Model S, Tesla 
Model X, Tesla Model 3, and Tesla Model Y motor vehicles do not fully 
comply with the requirements of paragraph S5.2.1 (Table 1) of FMVSS No. 
101, Controls and Displays (49 CFR 571.101). Tesla filed a 
noncompliance report dated September 24, 2020, pursuant to 49 CFR 573, 
Defect and Noncompliance Responsibility and Reports. Tesla subsequently 
petitioned NHTSA on September 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 
556, Exemption for Inconsequential Defect or Noncompliance. Tesla also 
provided supplemental information related to the petition on October 
23, 2020.
    This notice of receipt of Tesla'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. Motor Vehicles Involved

    Approximately 612,065 MY 2012-2020 Tesla Model S, Tesla Model X, 
Tesla Model 3, and Tesla Model Y motor vehicles, manufactured between 
December 1, 2011, and August 31, 2020, are potentially involved.

III. Noncompliance

    Tesla explains that the noncompliance is that the subject motor 
vehicles are equipped with speedometers that can be switched by the 
operator to display the vehicle's speed in units of either miles per 
hour (MPH) or kilometers-per-hour (km/h) and therefore, do not meet the 
requirements set forth in paragraph S5.2.1 and Table 1, Column 3 of 
FMVSS No. 101.

IV. Rule Requirements

    Paragraph S5.2.1 and Table 1, Column 3 of FMVSS No. 101 includes 
the requirements relevant to this petition. Each passenger car, 
multipurpose passenger vehicle, truck, and bus that is fitted with a 
control, a telltale, or an indicator listed in Table 1 or Table 2 of 
FMVSS No. 101 must meet the requirements for the location, 
identification, color, and illumination of that control, telltale, or 
indicator. Each control, telltale, and indicator that is listed in 
column 1 of Table 1 or Table 2 must be identified by the symbol 
specified for it in column 2 or the word or abbreviation specified for 
it in column 3 of Table 1 or Table 2. Specifically, the speedometer 
must only allow the speed to be displayed in ``MPH, or MPH and km/h.''

V. Summary of Tesla's Petition

    The following views and arguments presented in this section, ``V. 
Summary of Tesla's Petition,'' are the views and arguments provided by 
Tesla. They have not been evaluated by the Agency and do not reflect 
the views of the Agency. Tesla describes the subject noncompliance and 
contends that the noncompliance is inconsequential as it relates to 
motor vehicle safety.
    In support of its petition, Tesla offers the following reasoning:
    1. All affected vehicles are originally configured to display speed 
in mph and are delivered for first sale in the United States market in 
a compliant state. Because distance is most commonly measured in the 
United States in Imperial units (including mph), the majority of owners 
will continue to operate their vehicle using the factory-configured 
unit displayed (i.e., with the speed displayed in mph) and are unlikely 
to ever attempt to change to metric units.
    2. Only through driver interaction within the display settings menu 
can the unit of measurement be changed from miles to kilometers. This 
change must be done intentionally and cannot be accomplished 
inadvertently.
    3. When the display is set to kilometers, the indicated vehicle 
speed in km/h is 1.6 times greater than the speed in mph. As a result, 
if a vehicle operator changes the display to indicate km/h and later 
forgets or neglects to change the display back to mph, they (or a 
subsequent operator) would be more likely to travel at a slower speed 
rather than a faster speed. Moreover, because the operator will be able 
to easily recognize that the vehicle is moving at a lower speed than 
intended, they will likely adjust their vehicle speed to match road and 
traffic conditions.
    4. If the vehicle operator has set the display to kilometers, all 
functions relying on, or otherwise tied to, the speed limit (e.g., 
Traffic Aware Cruise Control and Speed Assist) will convert mapped data 
from mph to km/h, resulting in the vehicle speed automatically matching 
the appropriate speed limit even though the display is km/h.
    5. If the vehicle operator needs to change the display back from 
km/h to mph, the method for doing so can be easily located in the 
display menu and is not buried in sub-menus.
    6. If the operator nevertheless has difficulty finding the menu to 
change the unit setting within the center display, instructions are 
available in the Owner's Manual. For example, in the chapter on 
Controls in the Model 3 Owner's Manual, there are instructions on how 
to navigate the menu and an explanation that within the ``Display'' 
menu, there is a ``Distance'' toggle that allows operators to ``Choose 
to display miles or kilometers for range, speed, energy, trip meters, 
map searches, and navigation routes.''
    7. On September 1, 2020, factory firmware release 2020.28.102.2 was 
introduced in production, updating the speedometer units to display km/
h and mph when the display distance is set to kilometers. The change 
was also included in firmware release 2020.36.11, which began rolling 
out to field vehicles on or about September 16, 2020, so all vehicles 
accepting the update (and future updates) will receive compliant 
speedometer units. Tesla expects a majority of vehicles will have the 
update completed within a few weeks and expects nearly all vehicles to 
have completed the update within 6 months.
    8. To date, Tesla has not received any reports of loss of control, 
collision, injury or fatality, property damage, or fire related to this 
issue.
    9. Finally, Tesla notes that NHTSA has recently granted two 
petitions for inconsequential treatment involving speedometer unit 
display noncompliances, both of which involved a km/h display that did 
not also display mph. See, e.g., Volkswagen Group of America, Inc., 
Grant of Petition for Decision of Inconsequential Noncompliance, 85 FR 
39675 (July 1, 2020); BMW of North America, LLC, Grant of Petition for 
Decision of Inconsequential Noncompliance, 80 FR 61884 (Oct. 14, 2015). 
Because this issue is identical to the noncompliances in those cases, 
NHTSA should grant this petition for the same reasons.
    10. In Tesla's supplemental materials they stated that the display 
setting has been corrected in production, as of September 1, 2020. 
Tesla states that more than 75 percent of the affected U.S. vehicles 
have accepted the firmware update released on September 16, 2020.
    Tesla concludes by again contending 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

[[Page 5313]]

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 Tesla 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 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.

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2021-01088 Filed 1-15-21; 8:45 am]
BILLING CODE 4910-59-P