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Ferrari North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance

American Government Special Collections Reference Desk

American Government Topics:  Ferrari F430

Ferrari North America, Inc., 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 34787-34788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14779]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2014-0094; Notice 1]


Ferrari 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.

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SUMMARY: Ferrari North America, Inc. (FNA) has determined that certain 
model year (MY) 2007-2009 Ferrari F430 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. FNA has 
filed an appropriate report dated July 16, 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.
    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. FNA's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) and 
the rule implementing those provisions at 49 CFR part 556, FNA 
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 FNA'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 1,975 MY 2007-
2009

[[Page 34788]]

Ferrari F430 passenger cars manufactured from September 1, 2007 through 
July 29, 2009.
    III. Noncompliance: FNA 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. FNA 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 FNA's Analyses: FNA stated its belief that the 
subject noncompliance is inconsequential to motor vehicle safety for 
the following reasons:
    (A) FNA stated that the TPMS in the subject vehicles generally 
functions properly to alert the driver to a low tire pressure. 
Moreover, the TPMS malfunction indicator illuminates as required when a 
problem is first detected. If, however, there is an incompatible wheel 
and tire unit, when the vehicle ignition is deactivated and then 
reactivated after a five-minute period, the malfunction indicator does 
not re-illuminate immediately as required by FMVSS No. 138. It 
nevertheless generally will illuminate shortly thereafter, and, in any 
event, it will illuminate in no more than 40 seconds, even in vehicles 
containing the noncompliance.
    Once a vehicle has started and is accelerating above 23 mph for a 
period of 15 seconds, the TPMS will seek to confirm that the sensors 
are fitted, the TPMS will detect this within a further period of 15-20 
seconds (up to a maximum of 25 seconds), and the TPMS malfunction 
indicator will correctly illuminate. Once the malfunction indicator is 
illuminated, it will remain illuminated throughout the ignition cycle, 
regardless of the vehicle's speed. 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.
    (B) FNA also stated that if the TPMS fails to detect a compatible 
sensor, the TPMS monitor will display no value for the tire pressure of 
the affected wheel(s). The monitor 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) FNA further states that the noncompliance is confined to one 
particular aspect of the functionality of the otherwise compliant TPMS 
indicator. All other aspects of the low-pressure monitoring system 
functionality are fully compliant with the requirements of FMVSS No. 
138.
    (D) FNA is not aware of any customer complaints, field 
communications, incidents or injuries related to this condition.
    In summation, FNA believes that the described noncompliance of the 
subject vehicles is inconsequential to motor vehicle safety, and that 
its petition, to exempt FNA 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 FNA 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 FNA 
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. 2015-14779 Filed 6-16-15; 8:45 am]
 BILLING CODE 4910-59-P

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