American Honda Motor Co., Inc., Grant of Petition for Decision of Inconsequential Noncompliance

Topics:  Acura TSX

Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
December 30, 2014

[Federal Register Volume 79, Number 249 (Tuesday, December 30, 2014)]
[Notices]
[Pages 78564-78565]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-30487]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2012-0147; Notice 2]


American Honda Motor Co., Inc., Grant of Petition for Decision of 
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Grant of petition.

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SUMMARY: American Honda Motor Co., Inc. (Honda) has determined that the 
tire pressure monitoring system (TPMS) low tire pressure warning for 
certain model year (MY) 2011 and 2012 Acura TSX passenger cars equipped 
with accessory 18-inch diameter wheels sold at Honda dealerships do not 
comply with paragraph S4.2(a) of Federal Motor Vehicle Safety Standard 
(FMVSS) No. 138 Tire Pressure Monitoring Systems. Honda has filed an 
appropriate report dated September 27, 2012, pursuant to 49 CFR part 
573, Defect and Noncompliance Responsibility and Reports.

ADDRESSES: For further information on this decision contact Maurice 
Hicks, Office of Vehicle Safety Compliance, the National Highway 
Traffic Safety Administration (NHTSA), telephone (202) 366-1708, 
facsimile (202) 366-5930.

SUPPLEMENTARY INFORMATION:
    I. Honda's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) 
and the rule implementing those provisions at 49 CFR part 556, Honda 
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 Honda's petition was published, with a 30-day 
public comment period, on July 22, 2013, in the Federal Register (78 FR 
43965.) 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-2012-0147.''
    II. Vehicles Involved: Affected are approximately 212 model years 
2011 and 2012 Acura TSX passenger cars equipped with accessory 18-inch 
diameter wheels sold at Honda dealerships.
    III. Noncompliance: Honda explains that the noncompliance is that 
when the accessory wheels and tires are installed on the subject 
vehicles, the preset TPMS warning level cannot be adjusted to warn at a 
higher cold inflation pressure for the accessory tires. The TPMS system 
on these vehicles is set for the OEM 17-inch diameter tires with 
recommended 230 kPa (33 psi), not the accessory 18-inch tires with 
recommended 260 kPa (38 psi).
    Honda set the TPMS warning level for the OEM tires at 183 kPa (26.5 
psi), which is approximately 20 percent below the recommended inflation 
pressure. Standard 138 requires a warning when the pressure is equal to 
or less than 25 percent below the recommended inflation pressure. For 
the accessory tires, 25 percent below 260 kPa (38 psi) is 195 kPa (28.3 
psi), but the telltale does not illuminate until the tire pressure 
reaches 183 kPa (26.5 psi). Therefore, the vehicles do not comply with 
paragraph S4.2(a) of FMVSS No. 138.
    IV. Rule Text: Paragraph S4.2(a) of FMVSS No. 138 requires in 
pertinent part:
    S4.2 TPMS detection requirements. The tire pressure monitoring 
system must:

    (a) Illuminate a low tire pressure warning telltale not more 
than 20 minutes after the inflation pressure in one or more of the 
vehicle's tires, up to a total of four tires, is equal to or less 
than either the pressure 25 percent below the vehicle manufacturer's 
recommended cold inflation pressure, or the pressure specified in 
the 3rd column of Table 1 of this standard for the corresponding 
type of tire, whichever is higher;

    V. Summary of Honda's Analyses: A total of approximately 848 
wheels, or 212 complete wheel sets, were sold to Acura dealerships by 
Honda between November 2010 and April 2012. These wheels were sold with 
a replacement tire pressure placard, in accordance with the 
requirements of FMVSS No. 110 ``Tire Selection and Rims'', indicating 
an inflation pressure of 260 kPa (38 psi) for the recommended 225/45ZR 
18 tire size with an 95Y load capacity rating. There have been no 
reports of crashes, injuries or death as a result of the accessory tire 
being used with the standard TPMS threshold.
    After the beginning of retail sales of 2012 model year Acura TSX 
models Honda discovered that the recommended electronic method of 
updating the TPMS setting for these accessory wheels would incorrectly 
inform technicians that the adjustments had been completed 
successfully. The result is that the TPMS warning threshold remains at 
Honda's setting for the OEM 17-inch diameter wheels of not less than 
183kPa (26.5psi) for the standard recommended tire pressure of 230kPa 
(33psi). The minimum allowable TPMS threshold for the 18-inch diameter 
accessory wheels would be 195kPA (28 psi) (28.3psi using conversion 
factor 1psi = 6.895kPa), based on the recommended pressure of 260kPa 
(38psi) as indicated on the tire pressure placard.
    Honda believes that this noncompliance is inconsequential to motor 
vehicle safety because even at the lower TPMS threshold, adequate load 
capacity remains for the tires on these vehicles. Honda indicated that 
it also conducted dynamic testing to confirm that the handling and 
stability of the vehicle is not adversely affected at the lower 
pressures.
    The maximum load capacity for each of the P225/45ZR 18 95Y tires 
for this vehicle is 575 kilograms (1,268lbs) at 230kPa (33psi), 
calculated using the Japan Automotive Tyre Manufacturer's Association 
(JATMA) method, as recognized by NHTSA in FMVSS No. 110. The maximum 
allowable load according to the Gross Axle Weight Ratings (GAWR) for a 
2011 or 2012 Acura TSX is 546.6 kilograms (1,207.2 lbs) for each front 
tire and 514.9 kilograms (1,135 lbs) for each rear tire, well within 
the load capacity specified by JATMA.
    At 80% of the lower pressure for the OEM 17-inch tires (230kPa 
(33psi), as opposed to the 260kPa (38psi) recommended on the tire 
pressure placard for the 18-inch accessory tires), the low tire 
pressure indicator will illuminate at 183kPa (26.5psi).

[[Page 78565]]

    Honda has additionally informed NHTSA that it has corrected the 
noncompliance so that all future vehicles will comply with FMVSS No. 
138.
    In summation, Honda believes that the described noncompliance of 
its vehicles is inconsequential to motor vehicle safety, and that its 
petition, to exempt 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.

I. NHTSA's Analysis and Decision

    Honda is petitioning NHTSA for exemption on the basis that the 
noncompliance is inconsequential to safety because the accessory wheels 
and tires have adequate load carrying capacity at the lower tire 
pressure of the 17-inch OEM tires and because the handling and 
stability of the vehicle is not adversely affected at this lower 
pressure as confirmed by Honda's own dynamic testing. Honda used 
similar arguments that were accepted by NHTSA in granting the Part 556 
exemption for the TPMS noncompliance involving certain 2008 and 2009 
Honda Civics (see 77 FR 43145 on July 23, 2012).
    NHTSA agrees with Honda that the accessory tires inflated to 230 
kPa (33 psi) that is the lower pressure for the OEM 17-inch tires will 
have adequate load carrying capacity to accommodate the maximum weight 
of the subject vehicles. Similar to the agency's previous conclusion in 
responding to the Honda Civic petition and as required by FMVSS No. 
110, the tire's load ratings must be equal to or exceed the load 
applied when the vehicle is at its maximum loaded weight. FMVSS No. 
110, section S4.2.1.1, states that, ``The vehicle maximum load on the 
tire shall not be greater than the applicable maximum load rating as 
marked on the sidewall of the tire.'' According to Honda, for a 2011 or 
2012 Acura TSX, each front tire would be required to support a maximum 
load of 546.6 kilograms (1,207.2 lbs) to accommodate the GAWR of the 
front axle. Likewise, for each rear tire, a load rating of 514.9 
kilograms (1,135 lbs) or more would be needed to support the GAWR of 
the rear axle.
    Data from the Japan Automotive Tyre Manufacturers' Association, a 
reference recognized in FMVSS No. 110, indicate that for each P225/45ZR 
18 95Y accessory tire, the load rating is calculated to be 575 
kilograms (1,268lbs) at the lower pressure of the original tires, 230 
kPa (33psi). This load rating is greater than the highest (front) tire 
load on the affected vehicle based on the GAWR. Furthermore, the 
manufacturer of the optional tires would have to meet FMVSS No. 139 
which specifies a low inflation pressure performance test in which the 
tires are loaded to the maximum tire load carrying capacity while 
underinflated to a pressure of only 140kPa (20 psi), which is less than 
the TPMS telltale activation pressure for the OEM tires of the subject 
vehicles. Therefore, adequate load carrying capacity remains for the 
accessory tires on these vehicles.
    Honda's second argument is that the handling and stability of the 
subject vehicles are not adversely affected by the accessory tires and 
wheels. While NHTSA cannot confirm Honda's in-house results, we believe 
it is the responsibility of each vehicle manufacturer to maintain 
certification to all applicable FMVSSs for all optional equipment such 
as any wheels and tires it authorizes. Honda provided the 212 complete 
wheel sets to dealers with replacement vehicle tire placards as 
required by FMVSS No. 110, specifying the correct tire size and 
inflation pressure. It follows that Honda believed a vehicle so 
equipped would continue to comply with NHTSA's safety standards. For 
example, the subject vehicles with the accessory wheel sets should 
continue to comply with the requirements of FMVSS No. 126, Electronic 
stability control systems.
    In consideration of the foregoing, NHTSA has decided that Honda has 
met its burden of persuasion that the FMVSS No. 138 noncompliance is 
inconsequential to motor vehicle safety. Accordingly, Honda's petition 
is hereby granted and Honda is exempted from the obligation of 
providing notification of, and a remedy for, that 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, this decision 
only apply to the subject 212 subject vehicles that Honda no longer 
controlled at the time it determined that the noncompliance existed. 
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 Honda 
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 M. Giuseppe,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2014-30487 Filed 12-29-14; 8:45 am]
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