Maserati North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance |
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Topics: Maserati Ghibli, Maserati Levante
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Otto G. Matheke III
National Highway Traffic Safety Administrationbr>28 July 2020
[Federal Register Volume 85, Number 145 (Tuesday, July 28, 2020)]
[Notices]
[Pages 45465-45468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16336]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2020-0019; Notice 1]
Maserati 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: Maserati North America, Inc., (MNA) has determined that
certain
[[Page 45466]]
model year (MY) 2014-2020 Maserati Quattroporte, MY 2014-2020 Maserati
Ghibli, and MY 2017-2020 Maserati Levante motor vehicles do not fully
comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 135,
Light Vehicle Brake Systems, FMVSS No.138, Tire Pressure Monitoring
Systems, FMVSS No. 202a, Head restraints, and FMVSS No. 210, Seat Belt
Assembly Anchorages. MNA filed a noncompliance report dated February
14, 2020. MNA subsequently petitioned NHTSA on March 6, 2020, for a
decision that the subject noncompliance is inconsequential as it
relates to motor vehicle safety. This notice announces receipt of MNA's
petition.
DATES: Send comments on or before August 27, 2020.
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 in the title of this notice and
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 docket. 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: MNA has determined that certain MY 2014-2020 Maserati
Quattroporte, MY 2014-2020 Maserati Ghibli, and MY 2017-2020 Maserati
Levante motor vehicles do not fully comply with the requirements of
paragraph S5.5.2(c) of FMVSS No. 135, Light Vehicle Brake Systems (49
CFR 571.135); paragraph S4.5(a) of FMVSS No. 138, Tire Pressure
Monitoring Systems (49 CFR 571.138); paragraphs S4.7.1 and S4.7.2 of
FMVSS No. 202a, Head Restraints (49 CFR 571.202a); and paragraph S6 of
FMVSS No. 210, Seat Belt Assembly Anchorages (49 CFR 571.210). MNA
filed a noncompliance report dated February 14, 2020, pursuant to 49
CFR part 573, Defect and Noncompliance Responsibility and Reports. MNA
subsequently petitioned NHTSA on March 6, 2020, for an exemption from
the 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 MNA'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: Approximately 70,406 MY 2014-2020 Maserati
Quattroporte, MY 2014-2020 Maserati Ghibli, and 2017-2020 Maserati
Levante motor vehicles manufactured between April 30, 2013, and
February 7, 2020, are potentially involved.
III. Noncompliance: MNA explains that the noncompliance is that
owner's manuals for the subject vehicles were provided in electronic
form only instead of hardcopy and therefore, do not fully comply with
paragraph S5.5.2(c) of FMVSS No. 135, paragraph S4.5(a) of FMVSS No.
138, paragraphs S4.7.1 and S4.7.2 of FMVSS No. 202a, and paragraph S6
of FMVSS No. 210. Specifically, certain information required by
specific FMVSSs must be in paper or tangible format and provided with
first sale of the vehicle.
IV. Rule Requirements: Paragraph S5.5.2(c) of FMVSS No. 135,
paragraph S4.5(a) of FMVSS No. 138, paragraphs S4.7.1 and S4.7.2 of
FMVSS No. 202a, and paragraph S6 of FMVSS No. 210 include the
requirements relevant to this petition.
The manufacturer shall explain the brake check function
test procedure in the owner's manual.
Beginning on September 1, 2006, the owner's manual in each
vehicle certified as complying with S4 must provide an image of the Low
Tire Pressure Telltale symbol (and an image of the TPMS Malfunction
Telltale warning (TPMS), if a dedicated telltale is utilized for this
function) with the following statement in English:
Each tire, including the spare (if provided), should be checked
monthly when cold and inflated to the inflation pressure recommended
by the vehicle manufacturer on the vehicle placard or tire inflation
pressure label. (If your vehicle has tires of a different size than
the size indicated on the vehicle placard or tire inflation pressure
label, you should determine the proper tire inflation pressure for
those tires.)
As an added safety feature, your vehicle has been equipped with
a tire pressure monitoring system (TPMS) that illuminates a low tire
pressure telltale when one or more of your tires is significantly
under-inflated. Accordingly, when the low tire pressure telltale
illuminates, you should stop and check your tires as soon as
possible, and inflate them to the proper pressure. Driving on a
significantly under-inflated tire causes the tire to overheat and
can lead to tire failure. Under-inflation also reduces fuel
efficiency and tire tread life, and may affect the vehicle's
handling and stopping ability.
Please note that the TPMS is not a substitute for proper tire
maintenance, and it is the driver's responsibility to maintain
correct tire pressure, even if under-inflation has not reached the
level to trigger illumination of the TPMS low tire pressure
telltale.
[The following paragraph is required for all vehicles certified
to the standard starting on September 1, 2007, and for vehicles
voluntarily equipped with a compliant TPMS MIL before that time.]
Your vehicle has also
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been equipped with a TPMS malfunction indicator to indicate when the
system is not operating properly. [For vehicles with a dedicated MIL
telltale, add the following statement: The TPMS malfunction
indicator is provided by a separate telltale, which displays the
symbol ``TPMS'' when illuminated.] [For vehicles with a combined low
tire pressure/MIL telltale, add the following statement: The TPMS
malfunction indicator is combined with the low tire pressure
telltale. When the system detects a malfunction, the telltale will
flash for approximately one minute and then remain continuously
illuminated. This sequence will continue upon subsequent vehicle
start-ups as long as the malfunction exists.] When the malfunction
indicator is illuminated, the system may not be able to detect or
signal low tire pressure as intended. TPMS malfunctions may occur
for a variety of reasons, including the installation of replacement
or alternate tires or wheels on the vehicle that prevent the TPMS
from functioning properly. Always check the TPMS malfunction
telltale after replacing one or more tires or wheels on your vehicle
to ensure that the replacement or alternate tires and wheels allow
the TPMS to continue to function properly.
The owner's manual for each vehicle must emphasize that
all occupants, including the driver, should not operate a vehicle or
sit in a vehicle's seat until the head restraints are placed in their
proper positions in order to minimize the risk of neck injury in the
event of a crash.
The owner's manual for each vehicle must:
[cir] Include an accurate description of the vehicle's head
restraint system in an easily understandable format. The owner's manual
must clearly identify which seats are equipped with head restraints;
[cir] If the head restraints are removeable, the owner's manual
must provide instructions on how to remove the head restraint by a
deliberate action distinct from any act necessary for upward
adjustment, and how to reinstall head restraints;
[cir] Warn that all head restraints must be reinstalled to properly
protect vehicle occupants;
[cir] Describe in an easily understandable format the adjustment of
the head restraints and/or seat back to achieve appropriate head
restraint position relative to the occupant's head. This discussion
must include, at a minimum, accurate information on the following
topics:
[ssquf] A presentation and explanation of the main components of
the vehicle's head restraints;
[ssquf] The basic requirements of proper head restraint operation,
including an explanation of the actions that may affect proper
functioning of the head restraints; and
[ssquf] The basic requirements for proper positioning of a head
restraint in relation to an occupant's head position, including
information regarding the proper positioning of the center of gravity
of an occupant's head or some other anatomical landmark in relation to
the head restraint.
The owner's manual in each vehicle with a gross vehicle
weight rating of 4,536 or less manufactured after September 1, 1987,
shall include:
[cir] A section explaining that all child restraint systems are
designed to be secured in vehicle seats by lap belts or the lap belt
portion of a lap-shoulder belt. The section shall also explain that
children could be endangered in a crash if their child restraints are
not properly secured in the vehicle; and
[cir] In a vehicle with rear designated seating positions, a
statement alerting vehicle owners that, according to accident
statistics, children are safer when properly restrained in the rear
seating positions than in the front seating positions.
V. Summary of MNA's Petition: The following views and arguments
presented in this section are the views and arguments provided by MNA.
They have not been evaluated by the Agency and do not reflect the views
of the Agency. MNA described the subject noncompliance and stated their
belief that the noncompliance is inconsequential as it relates to motor
vehicle safety.
In support of its petition, MNA submitted the following reasoning:
1. The required information and explanations to comply with the
referenced FMVSS are readily available in the vehicle through the
electronic owner's manuals included with the vehicle.
2. An interpretation issued by NHTSA's Chief Counsel to Congressman
Bob Goodlatte, dated May 18, 2009, states that the information required
by certain FMVSS must be provided in paper, tangible format. MNA
believes this is not directly applicable to this situation due to
advances in technology over the last 10 years. The situation envisioned
in the 2009 interpretation required a separate, off-vehicle, CD device
in at least some cases for owners to access the manual. The electronic
Maserati owner's manual is available for use on all affected vehicles
through the center console screen with no additional equipment
required.
3. MY 2014-2016 Vehicles:
a. The DVD used in MY 2014-2016 vehicles provides the same or
greater level of utility as paper manuals. The DVD is organized into
functional chapters with sections in each chapter similar to the
printed owner's manual. The DVD can be copied by vehicle owners,
providing the ability to have separate copies at home and in the
vehicle, if desired. In addition, the owner's manual in PDF format is
included on the DVD.
b. The DVD manual is enabled to ``auto play'' when inserted into
the standard equipment DVD player on the vehicle. The DVD manual has
active links for each section shown in the table of contents at each
level. This allows the user to automatically ``jump'' to the desired
information rather than search through physical pages to reach the
correct part of a paper manual.
c. For driver safety, the DVD reader is only available when the
vehicle is not moving.
d. All affected vehicles have a standard DVD player in the center
stack capable of reading the DVD. An off-vehicle device is not required
to read the owner's manual.
e. Printed owner's manuals are available through dealers or online
for customers that desire them.
f. MNA is not aware of any crashes, injuries, or customer
complaints associated with this condition.
4. 2017-2020 Vehicles:
a. The integrated manual used in MY 2017-2020 vehicles provides
greater functionality compared to printed manuals. Owners can search
the owner's manual using text fields as well as search by visual icon,
allowing rapid access to explanations and warnings. The system further
provides the ability to explore the vehicle through diagrams linked to
all applicable text descriptions. Portions of the manual can be
bookmarked for easy access later through a ``Favorites'' function.
b. The manual can be accessed from the Maserati emblem on the
touchscreen. This opens the ``Apps'' screen with the User Guide
available as an option on the second screen. The Owner's Manual is
available from the User Guide screen, as well.
c. All screens use hyperlinks to allow users to quickly scroll down
to desired information. The Index function allows search by either ``A-
Z Index'' or visual icon.
d. Further functionality is provided to users in being able to
access interactive schematics of the vehicle hyperlinked to
explanations of key items.
e. Additionally, users can perform keyword searches using the
Search function and can bookmark favorites just by clicking on the star
icon.
f. Unlike paper owners' manuals, which can be removed from the
vehicle and thus unavailable to future owners or lessees, the on-
vehicle integrated
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manual will always be available, including to subsequent owners or
lessees.
g. Printed owner's manuals are available through dealers or online
for customers that desire them.
h. MNA is not aware of any crashes, injuries, or customer
complaints associated with this condition.
5. MNA submits that all of the safety information required by the
referenced FMVSS is readily available to the vehicle operator,
consistent with the safety purpose of the standards. Unlike the
electronic owners' manuals described in the 2009 legal interpretation
to Congressman Goodlatte, which required operators to use off-vehicle
devices to access the information, MNA vehicles provide easy, onvehicle
access to the required safety information.
6. Because the information is readily available to the operator
through on-vehicle technology, MNA believes that the fact that this
information is not also provided to operators in paper form is
inconsequential to motor vehicle safety.
MNA 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 MNA 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 MNA
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. 2020-16336 Filed 7-27-20; 8:45 am]
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