Maserati S.p.A and Maserati North America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance |
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Topics: Maserati
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Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
January 13, 2016
[Federal Register Volume 81, Number 8 (Wednesday, January 13, 2016)]
[Notices]
[Pages 1676-1678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00448]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2014-0034; Notice 2]
Maserati S.p.A and Maserati North America, Inc., Grant of
Petition for Decision of Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition.
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SUMMARY: Maserati S.p.A and Maserati North America, Inc. (collectively
``MNA'') have determined that certain model year (MY) 2011-2014 MNA
passenger cars 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 a report dated March 3, 2014,
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility
and Reports. MNA then petitioned NHTSA under 49 CFR part 556 requesting
a decision that the subject noncompliance is inconsequential to motor
vehicle safety.
ADDRESSES: For further information on this decision contact Kerrin
Bressant, Office of Vehicles Safety Compliance, the National Highway
Traffic Safety Administration (NHTSA), telephone (202) 366-1110,
facsimile (202) 366-3081.
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.
Notice of receipt of the petition was published, with a 30-day
public comment period, on September 8, 2015 in the Federal Register (80
FR 53912). No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System
(FDMS) Web site at: http://www.regulations.gov/. Then follow the online
search instructions to locate docket number ``NHTSA-2014-0034.''
II. Vehicles Involved: Affected are approximately 8,789 MY 2011-
2013 Maserati Quattroporte and MY 2011-2014 Maserati Granturismo and
Granturismo Convertible passenger vehicles.
III. Noncompliance: MNA explains that after the car's ignition is
switched to the ON position, the Tire Pressure Monitoring System (TPMS)
immediately seeks to confirm if all wheel sensors are present. When the
TPMS first detects a sensor is missing, it illuminates the malfunction
indicator as required by FMVSS No. 138. Upon subsequent ignition
cycles, if the sensor detected as missing during the previous ignition
cycle is still missing, the TPMS malfunction indicator will again
illuminate as required and stay illuminated until the vehicle begins to
move, at which time the indicator will extinguish. The extinguishment
of the malfunction indicator while the malfunction still exists is in
violation to paragraph S4.4(c)(2) of FMVSS No. 138. The malfunction
indicator must illuminate when a malfunction is identified and remain
illuminated as long as the condition exists.
IV. 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 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 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, the TPMS malfunction
indicator will illuminate as required to indicate a hardware fault is
still present. If the engine is subsequently started again 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. 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.
(B) MNA explained that if the TPMS fails to detect the wheel
sensors, the TPMS will display no value on the TPMS pressures screen
for the tire pressure, indicating that the status of the wheel sensor
is unconfirmed.
(C) MNA said that the noncompliance is confined to one particular
aspect of the functionality of the otherwise compliant TPMS malfunction
indicator. All other aspects of the low-pressure monitoring system
functionality are fully compliant with the requirements of FMVSS No.
138. Also MNA stated that NHTSA had previously published a rule (April
8, 2005) that said a malfunction, in and of itself, does not represent
a safety risk to vehicle occupants and that the chances of having a
TPMS malfunction and a significantly under-inflated tire at the same
time are unlikely.
(D) MNA said that NHTSA has previously granted petitions for
inconsequential noncompliances related to the TPMS malfunction
indicator not illuminating in the manner required by FMVSS No. 138 due
to a software malfunction. MNA mentioned a grant to a petition
submitted by Volkswagen Group of America, Inc. for Audi vehicles.\1\
MNA explained that in the Volkswagen case, the TPMS would initially
display the required warning, but the telltale light would not stay
illuminated in the manner required by FMVSS No. 138 in that the warning
light would be extinguished on
[[Page 1677]]
subsequent drive cycles if the vehicle speed was maintained below 12.5
mph.
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\1\ 76 FR 30239 (May 24, 2011).
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(E) MNA stated that it is not aware of any customer complaints,
field communications, incidents or injuries related to this condition.
(F) MNA explained that it provides additional warnings through tire
inflation and usage fitment information provided in the subject
vehicles owner's manuals. In addition, customer calls into the Roadside
Assistance and Customer Care department can also help provide specific
wheel and tire fitment information to MNA customers. The Maserati
Authorized Dealer network can also address this issue with Maserati
customers.
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'S Decision
NHTSA's Analysis: MNA explained that although the malfunction
indicator extinguishes once the car starts moving, it will illuminate
shortly thereafter--within 160 seconds of ignition start and after the
vehicle speed exceeds 22 mph for 15 seconds.
NHTSA agrees with MNA that the malfunction indicator will not
illuminate as required only during very short periods of time when the
vehicle is traveling at low speeds and thus poses little risk to
vehicle safety. Under normal driving conditions, a driver will begin a
trip by accelerating moderately beyond 22 mph, and as explained by MNA,
once the vehicle accelerates above 22 mph (combined with the Ignition-
On internal clock reaching 160 seconds), the malfunction indicator re-
illuminates and then it will remain illuminated for the entire ignition
cycle, regardless of vehicle speed. The telltale fails to re-illuminate
only in the very rare case when the driver begins a trip and never
exceeds the 22 mph threshold, the speed required to re-activate the
malfunction indicator. No real safety risk exists because at such low
speeds there is little risk of vehicle loss of control due to
underinflated tires. Furthermore, the possibility that the vehicle will
experience both a low inflation pressure condition and a malfunction
simultaneously is highly unlikely.
MNA stated that if the TPMS fails to detect the wheel sensors, the
TPMS will display no value on the vehicle's central digital cluster for
the associated tire pressure, indicating that the status of the wheel
sensor is unconfirmed for a given wheel.
The agency evaluated the displays MNA uses in the noncompliant
vehicles. In addition to the combination low inflation pressure and
malfunction telltale indicator lamp, the subject vehicles are equipped
with a ``plan view'' icon which displays the pressures for all four
wheels individually. If any wheel has a malfunctioning pressure sensor
the indicator for that wheel displays several dashes ``--'' indicating
the there is a problem with that respective wheel. The additional
information is not required by the safety standard, but can be used as
an aid to the driver to determine the status of a vehicle's tires.
MNA discussed that the noncompliance only involves one specific
aspect of the malfunction functionality and that the primary function
of the TPMS, identification of other malfunctions and identification of
low inflation pressure scenarios, is not affected.
The agency agrees with MNA's reasoning that the primary function of
the TPMS is to identify low inflation pressure conditions which MNA's
system does as required by FMVSS No. 138.
There are also a variety of other malfunctions that can occur in
addition to the delayed re-illumination malfunction identified in this
petition. NHTSA understands from MNA that its TPMS will perform as
required during all other type system malfunctions.
MNA additionally mentioned that NHTSA had previously granted
petitions for inconsequential noncompliances pertaining to FMVSS No.
138 and specifically mentioned Volkswagen's (VW) Audi petition.\2\ In
the case of that petition, the Audi vehicle's TPMS would initially
display the required warning, but the telltale would not stay
illuminated in the manner required by FMVSS No. 138. The telltale light
would extinguish on subsequent drive cycles if the vehicle speed was
maintained below 12.5 mph. The MNA condition is similar to the VW
condition because the malfunction telltales in both cases illuminate
upon subsequent ignition cycles, but then extinguish at low speeds
after the vehicles begin to move. Both conditions happen at relatively
low speeds and for short durations of time. The VW petition was granted
due to the fact that the noncompliance took place at relatively low
speeds and for a short duration of time.
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\2\ 76 FR 30239 (May 24, 2011).
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MNA added that it also provides several warnings via the owner's
manual text with regards to the TPMS and its proper usage.
Specifically, tire inflation and usage fitment information is provided.
A Roadside Assistance and a Customer Care department are additionally
mentioned as resources for an owner with issues or concerns about
proper tire inflation and/or tire usage fitment. The additional
information provided inside the owner's manual, and via telephone for
Roadside Assistance and the Customer Care Department offers the MNA
owner ample opportunity to ensure their vehicle operates as designed.
MNA also stated that they have not received or are aware of any
consumer complaints, field communications, incidences or injuries
related to this noncompliance.
In addition to the analysis done by MNA that looked at customer
complaints, field communications, incidents or injuries related to this
condition, NHTSA also conducted checks of NHTSA's Office of Defects
Investigations consumer complaint database and found no related
complaints.
NHTSA's Decision: In consideration of the foregoing analysis, NHTSA
has decided that MNA has met its burden of demonstrating that the FMVSS
No. 138 noncompliance is inconsequential to motor vehicle safety.
Accordingly, MNA's petition is hereby granted and MNA is exempted from
the obligation of providing notification of, and a free remedy for, the
subject noncompliance under 49 U.S.C. 30118 and 30120.
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.
[[Page 1678]]
Authority: (49 U.S.C. 30118, 30120: delegations of authority at
49 CFR 1.95 and 501.8)
Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016-00448 Filed 1-12-16; 8:45 am]
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