Aston Martin Lagonda Limited, Receipt of Petition for Decision of Inconsequential Noncompliance |
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Topics: Aston Martin
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Jeffrey Giuseppe
National Highway Traffic Safety Administration
July 6, 2015
[Federal Register Volume 80, Number 128 (Monday, July 6, 2015)]
[Notices]
[Pages 38507-38508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16439]
[[Page 38507]]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2013-0139; Notice 1]
Aston Martin Lagonda Limited, 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: Aston Martin Lagonda Limited (AML) has determined that certain
MY 2009-2013 Aston Martin 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. AML has filed an appropriate
report dated November 4, 2013, pursuant to 49 CFR part 573, Defect and
Noncompliance Responsibility and Reports.
DATES: The closing date for comments on the petition is August 5, 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. AML's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) and
the rule implementing those provisions at 49 CFR part 556, AML
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 AML'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 3,282 of the
following AML model passenger cars manufactured from September 2009
through October 2013:
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Registered Dealer un-
Model AMLNA fleet registered Build range
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DB9 Coupe......................................... 211 41 10/09-10/13
DB9 Volante....................................... 225 53 10/09-10/13
DBS Coupe......................................... 153 1 10/09-08/12
DBS Volante....................................... 147 1 10/09-08/12
Virage Coupe...................................... 120 0 12/10-08/12
Virage Volante.................................... 156 0 12/10-08/12
V8 Vantage Coupe.................................. 385 54 10/09-10/13
V8 Vantage Roadster............................... 279 56 10/09-10/13
V8 Vantage S Coupe................................ 170 9 06/10-10/13
V8 Vantage S Roadster............................. 122 12 06/10-10/13
Rapide............................................ 671 0 09/09-02/13
Rapide S.......................................... 74 65 01/13-10/13
Vanquish Coupe.................................... 197 80 09/12-10/13
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Total......................................... 2,910 372 N/A
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III. Noncompliance: AML explains that during testing of the TPMS it
was noted that the fitment of an incompatible wheel and tire unit was
correctly detected and the malfunction indicator illuminated as
required by FMVSS No. 138. However, when the vehicle ignition was
deactivated and then reactivated after a five minute period, there was
no immediate re-illumination of the malfunction indicator as required
when the malfunction still exists. Although the malfunction indicator
does not re-illuminate immediately after the vehicle ignition is
reactivated, it does illuminate within 40 seconds after the vehicle
accelerates 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:
[[Page 38508]]
(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 AML's Analyses: AML stated its belief that the
subject noncompliance is inconsequential to motor vehicle safety for
the following reasons:
(A) AML stated that although the malfunction indicator does not re-
illuminate immediately after the vehicle is restarted, it generally
will illuminate shortly thereafter, and in any event it will illuminate
in no more than about 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 the
sensors fitted to the vehicle. If a sensor is not 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 illuminate
correctly. Once the malfunction indicator is illuminated, it will
remain illuminated throughout that ignition cycle, regardless of the
vehicle's speed.
(B) AML also stated that if the TPMS fails to detect the wheel
sensors, the TPMS monitor will display on the TPMS pressures screen
``--'' warning the driver that the status of the wheel sensor is
unconfirmed. Once the vehicle starts moving, the system will then
accurately determine if a sensor is present or not.
(C) AML says that the noncompliance is confined to one particular
aspect of the functionality of the otherwise compliant TPMS malfunction
indicator. All other aspects of the low-pressure monitoring system
functionality are fully compliant with the requirements of FMVSS No.
138.
(D) AML is not aware of any customer complaints, field
communications, incidents or injuries related to this condition.
AML has additionally informed NHTSA that all unsold vehicles in
AML's custody and control will have the TPMS Electronic Control Unit
reprogrammed prior to being sold.
In summation, AML believes that the described noncompliance of the
subject vehicles is inconsequential to motor vehicle safety, and that
its petition, to exempt AML 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 AML 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 AML
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. 2015-16439 Filed 7-2-15; 8:45 am]
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