Maserati S.p.A and Maserati North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance |
|---|
Topics: Maserati
|
Jeffrey Giuseppe
National Highway Traffic Safety Administration
September 8, 2015
[Federal Register Volume 80, Number 173 (Tuesday, September 8, 2015)]
[Notices]
[Pages 53912-53913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-22569]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2014-0034; Notice 1]
Maserati S.p.A and 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.
-----------------------------------------------------------------------
SUMMARY: Maserati S.p.A and Maserati North America, Inc. (collectively
referred to as ``MNA'') has determined that certain MY 2011-2014
Maserati passenger vehicles do not fully comply with paragraph
S4.4(c)(2), of Federal Motor Vehicle Safety Standard (FMVSS) No. 138,
Tire Pressure Monitoring Systems. MNA has filed an appropriate report
dated March 3, 2014, pursuant to 49 CFR part 573, Defect and
Noncompliance Responsibility and Reports.
DATES: The closing date for comments on the petition is October 8,
2015.
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 at the beginning of this notice and
submitted by any of the following methods:
Mail: Send comments by mail addressed to: 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 Deliver: Deliver comments by hand to: 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
Federal Holidays.
Electronically: Submit comments electronically by: logging
onto the Federal Docket Management System (FDMS) Web site at http://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 your comments were received, please
enclose a stamped, self-addressed postcard with the comments. Note that
all comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
Documents submitted to a docket may be viewed by anyone at the
address and times given above. The documents may also be viewed on the
Internet at http://www.regulations.gov by following the online
instructions for accessing the dockets. DOT's complete Privacy Act
Statement is available for review in the Federal Register published on
April 11, 2000, (65 FR 19477-78).
The petition, supporting materials, and all comments received
before the close of business on the closing date indicated above will
be filed and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the extent possible. When the petition is granted or
denied, notice of the decision will be published in the Federal
Register pursuant to the authority indicated below.
[[Page 53913]]
SUPPLEMENTARY INFORMATION:
I. MNA's Petition
Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule
implementing those provisions at 49 CFR part 556, MNA submitted a
petition for an exemption from the notification and remedy requirements
of 49 U.S.C. Chapter 301 on the basis that this noncompliance is
inconsequential to motor vehicle safety.
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
Affected are approximately 8,789 MY 2011-2013 Maserati Quattroporte
and 2011-2014 Maserati Granturismo/Granturismo Convertible passenger
vehicles.
III. Noncompliance
MNA explains that the noncompliance is that when the vehicle's TPMS
detects a missing or inactive wheel sensor the vehicles do not fully
comply with paragraph S4.4(c)(2) of FMVSS No. 138 because the
malfunction indicator does not always illuminate as required.
Specifically, after the car's ignition is switched to the on
position, the TPMS immediately seeks to confirm if all wheel sensors
are present. If the TPMS then detects a sensor is not present, an
internal timer is started. If the sensor detected as missing was also
detected as missing during the previous ignition cycle, and the engine
is not restarted, then the TPMS malfunction indicator will illuminate
as required to indicate a hardware fault is still present. If the
engine is then started and left in its steady state (engine not cold)
idle, the warning lamp will continue to remain illuminated as required.
However, if the car is then driven, the warning lamp will extinguish
[in violation of the standard] as the system prepares to confirm that
all wheel sensors are fitted to the vehicle. Once the vehicle has been
moving above 22 mph for a period of 15 seconds the TPMS will seek to
confirm that all wheel sensors are fitted to the vehicle. If the
internal timer reaches 160 seconds, and the vehicle has been moving
above 22 mph for 15 seconds, the TPMS malfunction indicator will
illuminate correctly. Once the malfunction indicator is illuminated, it
remains so throughout that ignition cycle, regardless of the vehicle's
speed.
Rule Text: Paragraph S4.4(c)(2) of FMVSS No. 138 requires in
pertinent part:
S4.4 TPMS Malfunction.
(c) Combination low tire pressure/TPMS malfunction telltale. The
vehicle meets the requirements of S4.4(a) when equipped with a combined
Low Tire Pressure/TPMS malfunction telltale that:
(2) Flashes for a period of at least 60 seconds but no longer than
90 seconds upon detection of any condition specified in S4.4(a) after
the ignition locking system is activated to the ``On'' (``Run'')
position. After each period of prescribed flashing, the telltale must
remain continuously illuminated as long as a malfunction exists and the
ignition locking system is in the ``On'' (``Run'') position. This
flashing and illumination sequence must be repeated each time the
ignition locking system is placed in the ``On'' (``Run'') position
until the situation causing the malfunction has been corrected . . .
V. Summary of MNA's Analyses
MNA stated its belief that the subject noncompliance is
inconsequential to motor vehicle safety for the following reasons:
(A) MNA states that the malfunction indicator will illuminate no
later than 160 seconds after the vehicle's ignition is switched on, and
the car has traveled above 22 mph for at least 15 seconds.
(B) MNA also states that if the TPMS fails to detect the wheel
sensors, the TPMS will display on the TPMS pressures screen contained
within the instrument cluster no value for the tire pressure,
indicating that the status of the wheel sensor is unconfirmed.
(C) MNA further stated that the primary function of the TPMS is not
affected by the noncompliance and the vehicle will operate as intended.
Adding, that the noncompliance is confined to one particular aspect of
the functionality of an otherwise compliant TPMS malfunction indicator
and that all other aspects of the low-pressure monitoring system
functionality are fully compliant with the requirements of FMVSS No.
138. Along with this argument, MNA also made mention that on April 8,
2005, NHTSA published a rule where it states ``A TPMS malfunction does
not itself represent a safety risk to vehicle occupants, and we expect
that the chances of having a TPMS malfunction and a significantly
under-inflated tire at the same time are unlikely.''
(D) MNA says that NHTSA has previously granted petitions for
Inconsequential Non-Compliances pertaining to FMVSS No. 138, Tire
Pressure Monitoring System (TPMS), in which the monitoring system would
not illuminate in the manner required by FMVSS No. 138 due to a
software malfunction.
(E) MNA is not aware of any customer complaints, field
communications, incidents or injuries related to this condition.
MNA has additionally informed NHTSA that all unsold vehicles in
MNA's custody and control will have a reprogramming of the TPMS
Electronic Control Unit prior to sale.
In summation, MNA believes that the described noncompliance of the
subject vehicles is inconsequential to motor vehicle safety, and that
its petition, to exempt MNA from providing recall notification of
noncompliance as required by 49 U.S.C. 30118 and remedying the recall
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.
Jeffrey Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-22569 Filed 9-4-15; 8:45 am]
BILLING CODE 4910-59-P