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Automobili Lamborghini SpA, Receipt of Petition for Decision of Inconsequential Noncompliance

American Government Special Collections Reference Desk

American Government Topics:  Lamborghini Aventador, Lamborghini Gallardo, Lamborghini Muricielago

Automobili Lamborghini SpA, Receipt of Petition for Decision of Inconsequential Noncompliance

Jeffrey Giuseppe
National Highway Traffic Safety Administration
June 17, 2015


[Federal Register Volume 80, Number 116 (Wednesday, June 17, 2015)]
[Notices]
[Pages 34788-34790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14856]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2014-0077; Notice 1]


Automobili Lamborghini SpA, 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: Automobili Lamborghini SpA (Lamborghini), has determined that 
certain model year (MY) 2008-2014 Lamborghini Aventador, Gallardo and 
Muricielago Coupe, Roadster and Spyder model 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. Lamborghini 
has filed an appropriate report dated May 23, 2014, pursuant to 49 CFR 
part 573, Defect and Noncompliance Responsibility and Reports.

DATES: The closing date for comments on the petition is July 17, 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.

[[Page 34789]]

    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. Lamborghini's Petition: Pursuant to 49 U.S.C. 30118(d) and 
30120(h) and the rule implementing those provisions at 49 CFR part 556, 
Lamborghini 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 Lamborghini'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 690 MY 2012-2014 Lamborghini 
Aventador Coupe and Roadster model passenger cars manufactured between 
July 15, 2011 and May 13, 2014; 456 MY 2008-2010 Lamborghini 
Muricielago Coupe and Roadster model passenger cars manufactured 
between April 3, 2007 and April 29, 2010; and 2361 Lamborghini Gallardo 
Coupe and Spyder model passenger cars manufactured between June 14, 
2007 and November 20, 2013, for a total of 3507 vehicles.
    III. Noncompliance: Lamborghini 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. Lamborghini added, that the 
malfunction indicator in the subject vehicles will re-illuminate after 
a maximum of 40 seconds of driving 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 Lamborghini's Analyses: Lamborghini stated its belief 
that the subject noncompliance is inconsequential to motor vehicle 
safety for the following reasons:
    (A) Lamborghini stated that the primary function of the TPMS is not 
affected by the subject noncompliance and that the vehicle and system 
will operate as intended. Specifically, the TPMS system properly 
monitors the tire pressures and properly notifies the driver if the 
tire pressure falls below the threshold required by the standard. 
Lamborghini also stated the noncompliance is confined to one particular 
aspect of the functionality of the malfunction indicator, which itself 
is otherwise compliant.
    (B) Lamborghini mentioned that NHTSA recognized in the TPMS final 
rule (70 FR 18150, April 8, 2005), ``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.'' Lamborghini responded by saying 
that if a TPMS malfunction is not considered a safety risk, then ipso 
facto the limited noncompliance of the malfunction indicator in this 
case does not present an unreasonable risk to safety.
    (C) Lamborghini stated that if the TPMS fails to detect the wheel 
sensors, the TPMS will in fact display on the TPMS pressures screen 
within the instrument cluster a ``no value'' for the tire pressure on 
the affected tire, indicating that the status of the wheel sensor is 
unconfirmed. Thus, the driver is still notified of an anomaly.
    (D) Lamborghini stated that although the malfunction indicator does 
not re-illuminate immediately after the vehicle is restarted, it will 
illuminate shortly thereafter, and in any event it will illuminate in 
no more than approximately 40 seconds. Lamborghini explained that once 
a vehicle has started and is moving above 23 mph for a period of 15 
seconds the TPMS will seek to confirm the sensors fitted to the 
vehicle. Lamborghini stated that a wheel without a sensor will be 
detected within an additional 15-25 seconds, the TPMS malfunction 
indicator will illuminate correctly, and once the malfunction indicator 
is illuminated it will remain illuminated throughout that ignition 
cycle, regardless of the vehicle's speed.
    (E) Lamborghini is not aware of any customer complaints, field 
communications, incidents or injuries related to this condition.
    Lamborghini has additionally informed NHTSA that all unsold 
vehicles in Lamborghini's custody and control will have a reprogramming 
of the TPMS Electronic Control Unit prior to sale.
    In summation, Lamborghini believes that the described noncompliance 
of the subject vehicles is inconsequential to motor vehicle safety, and 
that its petition, to exempt Lamborghini 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 motor vehicles that 
Lamborghini no longer controlled at the time it determined that the

[[Page 34790]]

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 Lamborghini 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. 2015-14856 Filed 6-16-15; 8:45 am]
BILLING CODE 4910-59-P

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