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McLaren Automotive, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance

American Government Special Collections Reference Desk

American Government Topics:  McLaren MP4 12C

McLaren Automotive, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance

Jeffrey Giuseppe
National Highway Traffic Safety Administration
June 11, 2015


[Federal Register Volume 80, Number 112 (Thursday, June 11, 2015)]
[Notices]
[Pages 33337-33338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14258]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2014-0035; Notice 1]


McLaren Automotive, 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: McLaren Automotive, Inc. ``McLaren'' has determined that 
certain MY 2012-2015 McLaren MP4 12-C Spider and Coupe 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. McLaren has filed an appropriate report dated February 18, 
2014, pursuant to 49 CFR part 573, Defect and Noncompliance 
Responsibility and Reports.

DATES: The closing date for comments on the petition is July 13, 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 below 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.

SUPPLEMENTARY INFORMATION:

I. McLaren's Petition

    Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule 
implementing those provisions at 49 CFR part 556, McLaren 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 McLaren'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 1,366 MY 2012-2015 McLaren MP4 12-C 
Spider and Coupe passenger vehicles manufactured from October 10, 2011 
through February 18, 2014.

III. Noncompliance

    McLaren explains that the Tire Pressure Monitoring System (TPMS) 
malfunction indicator illuminates as required by FMVSS No. 138 when a 
malfunction is first detected, however, if the malfunction is caused by 
an incompatible wheel, when the vehicle ignition is deactivated and 
then reactivated to the ``On'' (``Run'') position after a five-minute 
period, the malfunction indicator does not re-illuminate immediately as 
required. McLaren added, that the malfunction indicator in the subject 
vehicles will re-illuminate after a maximum of 40 seconds of driving at 
or above 23 mph.

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 McLaren's Analyses

    McLaren stated its belief that the subject noncompliance is 
inconsequential to motor vehicle safety for the following reasons:

    (A) McLaren states that although the noncompliance arises 
because the malfunction indicator does not re-illuminate immediately 
after the vehicle is restarted, the unit will detect a malfunction 
and activate the TPMS malfunction indicator once the vehicle is 
moving above 23 mph for a maximum of 40 seconds and will remain 
illuminated for the rest of that ignition cycle, and subsequent 
ignition cycles. Thus, even in the presence of the noncompliance, 
drivers are warned of the malfunction in less than one minute of 
driving at or above normal urban speeds. McLaren submits that this 
brief pause before the malfunction indicator illuminates is 
inconsequential to motor vehicle safety.

[[Page 33338]]

    (B) McLaren also states that if the TPMS fails to detect a 
compatible sensor, the TPMS indicator on the instrument cluster will 
display no value for the tire pressure at the affected wheel(s). 
This will also alert the driver to the fact that something is not 
functioning properly with the system, pending the illumination of 
the malfunction indicator.
    (C) McLaren further states that with the exception of the 
subject noncompliance, all other aspects of the malfunction 
indicator and of the TPMS in general, are compliant with FMVSS No. 
138.
    (D) McLaren confirms that it has received no customer complaints 
about this condition.

    McLaren has additionally informed NHTSA that they have corrected 
this noncompliance in all vehicles manufactured after February 18, 
2014.
    In summation, McLaren believes that the described noncompliance of 
the subject vehicles is inconsequential to motor vehicle safety, and 
that its petition, to exempt McLaren 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 McLaren 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 McLaren 
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. 2015-14258 Filed 6-10-15; 8:45 am]
BILLING CODE 4910-59-P

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