Jaguar Land Rover North America, LLC, on behalf of Jaguar Cars Limited, Grant of Petition for Decision of Inconsequential Noncompliance

Topics:  Jaguar XJ

Claude H. Harris
National Highway Traffic Safety Administration
November 4, 2013

[Federal Register Volume 78, Number 213 (Monday, November 4, 2013)]
[Notices]
[Pages 66101-66103]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-26319]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2011-0063; Notice 2]


Jaguar Land Rover North America, LLC, on behalf of Jaguar Cars 
Limited, 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: Jaguar Land Rover North America, LLC, on behalf of Jaguar Cars 
Limited (collectively referred to as ``Jaguar'') has determined that 
model year 2010 and certain 2011 Jaguar XJ passenger cars manufactured 
between September 11, 2009 and March 28, 2011, do not fully comply with 
paragraphs S5.2.1 and S5.5.2 of Federal Motor Vehicle Safety Standard 
(FMVSS) No. 101, Controls and displays, regarding brake system-related 
telltales. Jaguar has filed an appropriate report pursuant to 49 CFR 
Part 573, Defect and Noncompliance Responsibility and Reports, dated 
April 15, 2011.

ADDRESSES: For further information on this decision contact Mr. Stuart 
Seigel, Office of Vehicle Safety Compliance, the National Highway 
Traffic Safety Administration (NHTSA), telephone (202)366-5287, 
facsimile (202) 366-7002.

SUPPLEMENTARY INFORMATION:

I. Jaguar's Petition

    Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule 
implementing those provisions at 49 CFR Part 556, Jaguar has petitioned 
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 August 26, 2011 in the Federal Register (76 
FR 53532). 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-2011-0063.''

II. Vehicles Involved

    Affected are approximately 8,621 model year 2010 and 2011 Jaguar XJ 
passenger cars that were manufactured at Jaguar's Castle Bromwich 
assembly plant between September 11, 2009 and March 28, 2011.

III. Rule Text

    Paragraphs S5.2.1 and S5.5.2 of FMVSS No. 101 specifically state:

    S5.2.1 Except for the Low Tire Pressure Telltale, each control, 
telltale and indicator that is listed in column 1 of Table 1 or 
Table 2 must be identified by the symbol specified for it in column 
2 or the word or abbreviation specified for it in column 3 of Table 
1 or Table 2. If a symbol is used, each symbol provided pursuant to 
this paragraph must be substantially similar in form to the symbol 
as it appears in Table 1 or Table 2. If a symbol is used, each 
symbol provided pursuant to this paragraph must have the 
proportional dimensional characteristics of the symbol as it appears 
in Table 1 or Table . . .
    S5.5.2 The telltales for any brake system malfunction required 
by Table 1 to be red, air bag malfunction, low tire pressure, 
electronic stability control malfunction (as of September 1, 2011), 
passenger air bag off, high beam, turn signal, and seat belt must 
not be shown in the same common space.

Additionally, Table 1 Note 9 states:

    Refer to FMVSS 105 or FMVSS 135, as appropriate, for additional 
specific requirements for brake telltale labeling and color. If a 
single telltale is to be used to indicate more than one brake system 
condition, the brake system malfunction identifier must be used.

FMVSS No. 135 is applicable to the subject vehicles. Section 5.5.5, 
Labeling, states in pertinent part:

    S5.5.5. Labeling.
    (a) Each visual indicator shall display a word or words in 
accordance with the requirements of Standard No. 101 (49 CFR 
571.101) and this section, which shall be legible to the driver 
under all daytime and nighttime conditions when activated. Unless 
otherwise specified, the words shall have letters not less than 3.2 
mm (\1/8\ inch) high and the letters and background shall be of 
contrasting colors, one of which is red.

[[Page 66102]]

Words or symbols in addition to those required by Standard No. 101 
and this section may be provided for purposes of clarity.
    (d) If separate indicators are used for one or more of the 
conditions described in S5.5.1(a) through S5.5.1(g), the indicators 
shall display the following wording:
    (1) If a separate indicator is provided for the low brake fluid 
condition in S5.5.1(a)(1), the words ``Brake Fluid'' (emphasis 
added) shall be used except for vehicles using hydraulic system 
mineral oil.
    (2) If a separate indicator is provided for the gross loss of 
pressure condition in S5.5.1(a)(2), the words ``Brake Pressure'' 
(emphasis added) shall be used.
    (3) If a separate indicator is provided for the condition 
specified in S5.5.1(b), the letters and background shall be of 
contrasting colors, one of which is yellow. The indicator shall be 
labeled with the words ``Antilock'' or ``Anti-lock'' or ``ABS''; 
(emphasis added) or ``Brake Proportioning,'' in accordance with 
Table 2 of Standard No. 101.
    (4) If a separate indicator is provided for application of the 
parking brake as specified for S5.5.1(c), the single word ``Park'' 
(emphasis added) or the words ``Parking Brake'' (emphasis added) may 
be used.

IV. Summary of Jaguar's Analyses

    Jaguar explains that the noncompliance for the 8,621 XJ vehicles is 
that the telltales used for brake warning, park brake warning and 
Antilock Braking System (ABS) failure warnings are displayed using 
International Organization for Standardization (ISO) symbols instead of 
the telltale symbols required by FMVSS No. 101.
    Jaguar stated its belief that although the instrument cluster 
telltales are marked with ISO symbols, the noncompliance is 
inconsequential to motor vehicle safety for the following reasons:
    (1) The functionality of all primary braking systems is not 
affected by this noncompliance and the vehicle will operate as 
intended.
    (2) The owner's manual shows clearly the ISO warning symbols that 
may be displayed along with the FMVSS No. 101 compliant equivalents. 
Further, the owner's manual instructions on required actions to take in 
the event of a warning being displayed are the same for each telltale 
regardless of it being marked with an ISO symbol or with its FMVSS No. 
101 compliant equivalent.
    (3) The colors of the telltales adhere to a common color scheme and 
are consistent between ISO and FMVSS requirements. The owner's manual 
provides the following guidance to the driver:
    a. RED warning lamps are for primary warnings. A primary warning 
must be investigated immediately by the driver or seek qualified 
assistance as soon as possible.
    b. AMBER warning lamps are for secondary warnings. Some indicate 
that a vehicle system is in operation, others indicate that the driver 
must take action and then seek qualified assistance as soon as 
possible.
    (4) The driver will receive ISO symbol based warnings of any 
affected system malfunction. These warnings, although displaying 
telltales marked with ISO symbols, are augmented with a message center 
text providing further details as to the nature of the warning symbol:
    a. If low brake fluid is detected or an Electronic Brakeforce 
Distribution (EBD) fault identified, the ISO Brake Warning Symbol and 
the words ``Brake Fluid Low'' or ``EBD Fault'' will be displayed in the 
message center.
    b. If the park brake is applied, the ISO Parking Brake symbol will 
be displayed. If the vehicle is moving in excess of 1.8 mph, the 
message displayed in the message center is ``Caution! Park Brake 
Applied'' and a continuous chime will sound.
    c. If an antilock brake system (ABS) malfunction is detected, the 
ISO ABS symbol illuminates display a message in the message center 
stating ``ABS Fault''.
    (5) Jaguar is not aware of any incidents or injuries related to 
this condition.
    Jaguar also explains that all unsold vehicles in the dealer stock 
will have the instrument cluster software configuration file settings 
updated to display the correct warning telltales as required by FMVSS 
No. 101 prior to sale.
    In summation, Jaguar believes that the described noncompliance of 
its vehicles to be inconsequential to motor vehicle safety, and that 
its petition, to exempt Jaguar 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.

V. NHTSA'S Analyses

    Since these vehicles are equipped with a split service brake 
system, a low brake fluid condition will potentially reduce the ability 
of the brakes on two of the four wheels to stop it. When this condition 
occurs in Jaguar's affected vehicles, the telltale labeled with the ISO 
brake symbol, which resembles a brake assembly but has no words, is 
displayed. In addition, in the message center, ``Brake Fluid Low'' is 
displayed. Likewise, Jaguar's ISO Park brake applied symbol (P) is 
accompanied by a message ``Caution! Park Brake Applied'' and a chime. 
Regarding the ``ABS'' telltale, the agency has learned that Jaguar 
labeled the ``ABS'' telltale as required by FMVSS Nos. 101 and 135, 
with letters 3.2 mm high. Therefore, Jaguar incorrectly identified this 
telltale in its Part 573 report, and this portion of its petition is 
moot.
    Jaguar notified NHTSA that, as of September 19, 2013, they had 
corrected 95 percent of the noncompliant vehicles by its Field Service 
Action (FSA). Jaguar also agreed to address the remaining vehicles as 
part of a supplemental customer notification satisfaction campaign 
(CNSC) and to continue to notify NHTSA of its progress. While NHTSA 
believes \1\ that telltales labeled ``BRAKE FLUID'' and ``PARK BRAKE'' 
or ``PARK'' are more readily identified by drivers than an ISO brake 
symbol, the motor vehicle safety impact of the noncompliances on the 
remaining uncorrected vehicles is mitigated due to the unique set of 
indicators available to operators of the subject vehicles as well as 
Jaguar's ongoing CNSC.
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    \1\ See 60 FR 6414, February 2, 1995 and 70 FR 48295, August 17, 
2005.
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    NHTSA has also not received any consumer complaints on issues 
related to the subject noncompliances.

VI. NHTSA Decision

    In consideration of Jaguar's actions and intent to remedy all 
vehicles, NHTSA has determined that Jaguar has met its burden of 
persuasion that the FMVSS No. 101 and 135 noncompliances of the subject 
vehicles, i.e. labeling of the brake system malfunction and park brake 
applied telltales, are inconsequential to motor vehicle safety. 
Accordingly, Jaguar's petition is hereby 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, this decision 
only applies to the vehicles that Jaguar no longer controlled at the 
time that it determined that a noncompliance existed in the subject 
vehicles. However, the granting of 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 Jaguar 
notified them that the subject noncompliance existed.


[[Page 66103]]


    Authority: (49 U.S.C. 30118, 30120: delegations of authority at 
CFR 1.95 and 501.8)

    Issued On: October 29, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-26319 Filed 11-1-13; 8:45 am]
BILLING CODE 4910-59-P