Automobili Lamborghini, Receipt of Petition for Decision of Inconsequential Noncompliance |
|---|
Topics: Lamborghini Urus
|
Otto G. Matheke III
National Highway Traffic Safety Administration
24 October 2019
[Federal Register Volume 84, Number 206 (Thursday, October 24, 2019)]
[Notices]
[Pages 57156-57157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23189]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2019-0050; Notice 1]
Automobili Lamborghini, Receipt of Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
-----------------------------------------------------------------------
SUMMARY: Automobili Lamborghini has determined that certain 2019-2020
Lamborghini Urus motor vehicles do not fully comply with Federal Motor
Vehicle Safety Standard (FMVSS) No. 110, Tire Selection and Rims and
Motor Home/Recreation Vehicle Trailer Load Carrying Capacity
Information for Motor Vehicles with a GVWR of 4,536 kilograms (10,000
pounds) or Less. Automobili Lamborghini filed a noncompliance report
dated April 10, 2019, and also petitioned NHTSA on May 9, 2019, for a
decision that the subject noncompliance is inconsequential as it
relates to motor vehicle safety. This document announces receipt of
Automobili Lamborghini's petition.
DATES: The closing date for comments on the petition is November 25,
2019.
ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket number cited in the title of this notice and may be submitted by
any of the following methods:
Mail: Send comments by mail addressed to the 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 Delivery: Deliver comments by hand to the 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 for Federal Holidays.
Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at https://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 comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided.
All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the internet at
https://www.regulations.gov by following the online instructions for
accessing the dockets. The docket ID number for this petition is shown
in the heading of this notice.
DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000, (65 FR 19477-78).
SUPPLEMENTARY INFORMATION:
I. Overview: Automobili Lamborghini has determined that certain
2019-2020 Lamborghini Urus motor vehicles do not fully comply with
paragraph S4.4.2(a) and (c) of FMVSS No. 110, Tire Selection and Rims
and Motor Home/Recreation Vehicle Trailer Load Carrying Capacity
Information for Motor Vehicles with a GVWR of 4,536 kilograms (10,000
pounds) or Less (49 CFR 571.110). Automobili Lamborghini filed a
noncompliance report dated April 10, 2019, pursuant to 49 CFR part 573,
Defect and Noncompliance Responsibility and Reports. Automobili
Lamborghini also petitioned NHTSA on May 9, 2019, for an exemption from
the
[[Page 57157]]
notification and remedy requirements of 49 U.S.C. Chapter 301 on the
basis that this noncompliance is inconsequential as it relates to motor
vehicle safety, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR
part 556, Exemption for Inconsequential Defect or Noncompliance.
This notice of receipt of Automobili Lamborghini's petition is
published under 49 U.S.C. 30118 and 30120 and does not represent any
agency decision or other exercises of judgment concerning the merits of
the petition.
II. Vehicles Involved: As originally filed, Automobili
Lamborghini's petition stated that the petition applied to MY 2018-2019
Lamborghini Urus motor vehicles, however, the company has since
clarified that the correct MYs are MY 2019-2020.
Accordingly, approximately 595 MY 2019-2020 Lamborghini Urus motor
vehicles, manufactured between August 30, 2018, and April 10, 2019, are
potentially involved.
III. Noncompliance: Automobili Lamborghini explains that the
noncompliance is that the rims equipped on the subject vehicles do not
fully comply with paragraph S4.4.2(a) and (c) of FMVSS No. 110.
Specifically, the rims on the subject vehicles do not contain the
required designation symbol or DOT certification markings.
IV. Rule Requirements: Paragraph S4.4.2(a) of FMVSS No. 110
includes the requirements relevant to this petition. Each rim or, at
the option of the manufacturer in the case of a single-piece wheel,
each wheel disc shall be marked with a designation that indicates the
source of the rim's published nominal dimensions and the symbol DOT,
constituting a certification by the manufacturer of the rim that the
rim complies with all applicable FMVSS.
V. Summary of Lamborghini's Petition: Automobili Lamborghini
described the subject noncompliance and stated its belief that the
noncompliance is inconsequential as it relates to motor vehicle safety.
In support of its petition, Automobili Lamborghini submitted the
following reasoning:
1. The ``DOT'' marking signifies that the manufacturer of the rim
has certified that the rim complies with all applicable FMVSSs. So,
because ``DOT'' is a ``certification,'' it is a violation of 49 U.S.C.
30115 (``Certification''), which does not require notification and
remedy (see 74 FR 69377).
2. The designation symbol under S4.4.2(a) is not considered a
``certification'' and indicates the source of the rim's published
nominal dimensions. Thus, because a noncompliance under (a) is not a
certification issue, which would implicate 49 U.S.C. 30115, Automobili
Lamborghini has submitted a report pursuant to 49 CFR part 573.
3. Automobili Lamborghini states that the subject rims contain all
information required within FMVSS Sec. 571.110 and that the omission
of the correct designation symbol ``E,'' required under S4.4.2(a), and
the certification symbol ``DOT,'' required under S4.4.2(c), will not
prevent tires and rims from properly matching in the case of worn-out
tires.
4. Automobili Lamborghini says that the owner's manual and the tire
placard, both contain the correct and complete size of rims installed
on the subject vehicles. Automobili Lamborghini stated their belief
that this matter will not affect the ability to clearly identify the
subject rims in case of a parts recall and that this matter does not
have any effect on motor vehicle safety.
5. Automobili Lamborghini says that they are unaware of any
accidents, injuries or customer complaints related to the lack of these
markings. The missing markings do not affect the performance of the
wheels or the tire and wheel assemblies.
Automobili Lamborghini concluded by expressing the belief that the
subject noncompliance is inconsequential as it relates to motor vehicle
safety, and that its petition to be exempted from providing
notification of the noncompliance, as required by 49 U.S.C. 30118, and
a remedy for the 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 Automobili
Lamborghini 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 Automobili 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)
Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2019-23189 Filed 10-23-19; 8:45 am]
BILLING CODE 4910-59-P