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Automobili Lamborghini Receipt of Petition for Decision of Inconsequential Noncompliance


American Government Topics:  Lamborghini Huracan

Automobili Lamborghini Receipt of Petition for Decision of Inconsequential Noncompliance

Otto G. Matheke III
National Highway Traffic Safety Administration
15 July 2020 

[Federal Register Volume 85, Number 136 (Wednesday, July 15, 2020)]
[Notices]
[Pages 42979-42980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15228]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2020-0031; 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.

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SUMMARY: Automobili Lamborghini has determined that certain model year 
(MY) 2015-2020 Lamborghini Huracan motor vehicles do not fully comply 
with Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, 
Reflective Devices, and Associated Equimpment. Automobili Lamborghini 
filed a noncompliance report dated March 4, 2020, and subsequently 
petitioned NHTSA on March 25, 2020, for a decision that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety. 
This notice announces receipt of Automobili Lamborghini's petition.

DATES: Send comments on or before August 14, 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

    Automobili Lamborghini has determined that certain MY 2015-2020 
Lamborghini Huracan motor vehicles do not fully comply with the 
requirements of paragraph S10.18.9.2 of FMVSS No. 108, Lamps, Relective 
Devices, and Assoicated Equipment (49 CFR 571.108). Automobili 
Lamborghini filed a noncompliance report dated March 4, 2020, pursuant 
to 49 CFR part 573, Defect and Noncompliance Responsibility and 
Reports, and subsequently petitioned NHTSA on March 25, 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 Automobili Lamborghini'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 4,727 MY 2015-2020 Automobili Lamborghini Huracan 
motor vehicles manufactured between July 30, 2014, and February 26, 
2020, are potentially involved.

III. Noncompliance

    Automobili Lamborghini explains that the noncompliance is that the 
subject vehicles are equipped with headlamp assemblies that do not 
fully meet the requirements in paragraph S10.18.9.2 of FMVSS No. 108. 
Specifically, the horizontal aim of the lower beam can be adjusted due 
to the absence of a blanking cap over the beam's horizontal adjustment 
screw.

IV. Rule Requirements

    Paragraph S10.18.9.2 of FMVSS No. 108 includes the requirements 
relevant to this petition. The standard requires that the headlamp not 
be adjustable in terms of horizontal aim unless the headlamp is 
equipped with a horizontal vehicle headlamp aiming device (VHAD). If 
the headlamp has a VHAD, it is set to zero.

V. Summary of Automobili Lamborghini's Petition

    The following views and arguments presented in this section, V. 
Summary of Automobili Lamborghini's Petition, are the views and 
arguments provided by Automobili Lamborghini. They have not been 
evaluated by the Agency and do not reflect the views of the Agency. 
Automobili Lamborghini described the subject noncompliance and stated 
their belief that the noncompliance is inconsequential as it relates to 
motor vehicle safety.
    Automobili Lamborghini stated that the horizontal aim adjustment of 
the subject beams is possible, due to the absence of a blanking cap 
over the beam horizontal adjustment screw. Demounting the luggage 
compartment liner, customers, with advanced technical knowledge, can 
reach the horizontal adjustment screw and make the horizontal 
adjustment by themselves; however, Automobili Lamborghini argues that 
this noncompliance is inconsequential to

[[Page 42980]]

motor vehicle safety for the following reasons:
    1. First, the adjustment screw is hidden by the luggage liner when 
the vehicle's hood is open, so the screw is not visible.
    2. Second, the Owner's Manual does not identify this screw, so no 
vehicle owner would ever need to try to search for and adjust the screw 
in question.
    3. The only possibility to reach the adjustment screw without 
removing the luggage liner is through a small hole in the luggage liner 
using a long screwdriver, but without any possibility to see it and 
without any indication of how to do it.
    4. Automobili Lamborghini is unaware of any accidents, injuries, or 
customer complaints related to the horizontal aim adjustment of the 
subject beams.
    5. The issue was corrected in production during calendar week 15 
(fifteen) of 2020.
    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. 2020-15228 Filed 7-14-20; 8:45 am]
BILLING CODE 4910-59-P




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