Federal Register / Vol. 81, No. 28 / Thursday, February 11, 2016 / Notices 7407 

New Jersey Avenue SE., W12–140, 

Washington, DC 20590. 

• Hand Delivery: 1200 New Jersey 

Avenue SE., Room W12–140, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal Holidays. 

Communications received by March 

14, 2016 will be considered by FRA 

before final action is taken. Comments 

received after that date will be 

considered as far as practicable. 

Anyone is able to search the 

electronic form of any written 

communications and comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the document, if 

submitted on behalf of an association, 

business, labor union, etc.). In 

accordance with 5 U.S.C. 553(c), DOT 

solicits comments from the public to 

better inform its processes. DOT posts 

these comments, without edit, including 

any personal information the 

commenter provides, to 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

www.dot.gov/privacy. See also http://

www.regulations.gov/#!privacyNotice 

for the privacy notice of regulations.gov. 

Robert C. Lauby, 

Associate Administrator for Railroad Safety, 

Chief Safety Officer. 

[FR Doc. 2016–02776 Filed 2–10–16; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2014–0096; Notice 2] 

Tesla Motors, Inc. (Tesla), Grant of 

Petition for Decision of 

Inconsequential Noncompliance 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Grant of petition. 

SUMMARY: Tesla Motors, Inc. (Tesla) has 

determined that certain model year 

(MY) 2008 Tesla Roadster 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. Tesla filed 

a report dated August 1, 2014, pursuant 

to 49 CFR part 573, Defect and 

Noncompliance Responsibility and 

Reports. Tesla then petitioned NHTSA 

under 49 CFR part 556 requesting a 

decision that the subject noncompliance 

is inconsequential to motor vehicle 

safety. 

ADDRESSES: For further information on 

this decision contact Kerrin Bressant, 

Office of Vehicles Safety Compliance, 

the National Highway Traffic Safety 

Administration (NHTSA), telephone 

(202) 366–1110, facsimile (202) 366– 

3081. 

SUPPLEMENTARY INFORMATION: 

I. Overview 

Pursuant to 49 U.S.C. 30118(d) and 

30120(h) and the rule implementing 

those provisions at 49 CFR part 556, 

Tesla 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 the petition was 

published, with a 30-day public 

comment period, on June 24, 2015, in 

the Federal Register (80 FR 36403). 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–2014– 

0096.’’ 

II. Vehicles Involved 

Affected are approximately 542 MY 

2008 Roadster model passenger cars 

manufactured from February 1, 2008 

through October 29, 2009. 

III. Noncompliance 

Tesla explains that if a fault is 

detected in a sensor, because the sensor 

is faulty, missing or unapproved, the 

Tire Pressure Monitoring System 

(TPMS) malfunction telltale will flash 

for 60 to 90 seconds and then remain 

continuously illuminated as required by 

FMVSS No. 138. However, the TPMS 

malfunction telltale fails to operate 

properly when a faulty, missing or 

unapproved sensor is detected and then 

the vehicle’s ignition is cycled off and 

back on. In this situation, the 

malfunction telltale in the subject 

vehicles does not re-illuminate 

immediately as required when the 

vehicle’s ignition system is re-activated. 

Instead, the affected vehicles must reach 

a speed between 20 miles per hour 

(mph) and 25 mph for a maximum 

period of at least 90 seconds before the 

TPMS malfunction telltale reilluminates. 

IV. 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: 

(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 Tesla’s Analyses 

Tesla stated its belief that the subject 

noncompliance is inconsequential to 

motor vehicle safety for the following 

reasons: 

(A) Tesla stated that although the TPMS 

malfunction indicator will not illuminate 

immediately after the vehicle is restarted, it 

generally will illuminate shortly thereafter 

and in any event it will illuminate in no 

more than 90 seconds after the vehicle 

accelerates between 20–25 mph. Tesla further 

explained that additional warnings via the 

‘‘fault’’ display in the dashboard and the 

auxiliary display warnings will appear anew. 

Clearing this ‘‘new’’ warning in the auxiliary 

screen will require the driver to ‘‘actively’’ 

(take positive action) to clear the screen. 

Tesla believes these additional steps required 

to clear the auxiliary screen warning ensures 

driver attention to the issue. 

(B) Tesla states that they provide warnings 

and alerts above and beyond what is required 

by regulations. Checks include wheel sensor 

fitment (compatibility) and tire pressures. If 

sensors are ‘‘new’’ (i.e., different from those 

verified at the previous ignition cycle), the 

sensors are ‘‘learned’’ and after calibrations 

performed, a check of all tires is again 

performed for any low pressure conditions. 

In addition, the subject vehicles are equipped 

with an ‘‘auxiliary’’ screen which displays a 

diagram of the vehicle with respective tire 

positions and status of those respective tires. 

Tesla explained that this type of detailed 

information and multiple alerts ensures the 

driver is well informed of a potential low tire 

pressure condition. 

(C) Tesla said 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) Tesla stated that it is not aware of any 

customer complaints, field communications, 

incidents or injuries related to the failure of 

the TPMS noncompliance. 

In summation, Tesla believes that the 

described noncompliance of the subject 

vehicles is inconsequential to motor 

vehicle safety, and that its petition, to 

mstockstill on DSK4VPTVN1PROD with NOTICES

7408 Federal Register / Vol. 81, No. 28 / Thursday, February 11, 2016 / Notices 

exempt Tesla from providing recall 

notification of noncompliance as 

required by 49 U.S.C. 30118 and 

remedying the noncompliance as 

required by 49 U.S.C. 30120 should be 

granted. 

NHTSA’s Decision 

NHTSA’s Analysis: Tesla explained 

that although the malfunction indicator 

does not re-illuminate immediately after 

the vehicle is restarted, it will 

illuminate shortly thereafter—within 90 

seconds after the vehicle reaches a 

speed between 20 mph and 25 mph. 

NHTSA recognizes that the 

malfunction indicator will not 

illuminate as required for very short 

periods of time—when the vehicle is 

traveling at low speeds and thus poses 

little risk to vehicle safety. Under 

normal driving conditions, a driver will 

begin a trip by accelerating moderately 

beyond 20–25 mph, and as explained by 

Tesla, once the vehicle accelerates 

above 20–25 mph, the malfunction 

indicator re-illuminates and then it will 

remain illuminated for the entire 

ignition cycle, regardless of vehicle 

speed. We understand the 

noncompliance will only occur in the 

very rare case where the driver begins 

a trip and never exceeds the 20–25 mph 

threshold, the speed required to reactivate the malfunction indicator. No 

real safety risk exists because at such 

low speeds there is little risk of vehicle 

loss of control due to underinflated 

tires. Furthermore, the possibility that 

the vehicle will experience both a low 

inflation pressure condition and a 

malfunction simultaneously is highly 

unlikely. 

Tesla states that they provide 

warnings and alerts above and beyond 

what is required by regulations and that 

the subject vehicles are equipped with 

an ‘‘auxiliary’’ screen which displays a 

diagram of the vehicle with respective 

tire positions and status of those 

respective tires. Tesla explained that 

this type of detailed information and 

multiple alerts ensures the driver is well 

informed of a potential low tire pressure 

condition. 

The agency evaluated the displays 

Tesla uses in the noncompliant 

vehicles. In addition to the combination 

telltale indicator lamp, the subject 

vehicles are equipped with a ‘‘plan 

view’’ icon which displays the pressures 

for all four wheels individually. If any 

wheel has a malfunctioning pressure 

sensor the indicator for that wheel 

displays several dashes indicating that 

there is a problem with that respective 

wheel. The additional information is not 

required by the safety standard but can 

be used as an aid to the driver to 

determine the status of a vehicle’s tires. 

Tesla discussed that the 

noncompliance only involves one 

specific aspect of the malfunction 

functionality and that the primary 

function of the TPMS, identification of 

other malfunctions and of low inflation 

pressure scenarios, is not affected. Tesla 

explained that in the subject vehicles, 

the TPMS only fails to operate properly 

when a faulty, missing or non-approved 

sensor is detected and the ignition is 

recycled. According to Tesla, if such a 

fault is detected, and then the ignition 

is cycled off and back on, the MIL will 

reset, thus requiring the system to redetect the fault or missing/unapproved 

sensor versus immediately reilluminating the MIL from the 

previously detected fault. 

The agency agrees with Tesla’s 

reasoning that the primary function of 

the TPMS is to identify low tire 

inflation pressure conditions which 

Tesla’s system does as required by the 

safety standard. There are a variety of 

other malfunctions that can occur in 

addition to the incompatible wheel/tire 

malfunction identified in this petition. 

We understand from Tesla that its 

TPMS will perform as required during 

all other type system malfunctions. 

Tesla mentioned that they have not 

received or are aware of any consumer 

complaints, field communications, 

incidences or injuries related to this 

noncompliance. In addition to the 

analysis done by Tesla that looked at 

customer complaints, field 

communications, incidents or injuries 

related to this condition, NHTSA 

conducted additional checks of 

NHTSA’s Office of Defects 

Investigations consumer complaint 

database and found no related 

complaints. 

NHTSA’s Decision: In consideration 

of the foregoing analysis, NHTSA has 

decided that Tesla has met its burden of 

demonstrating that the FMVSS No. 138 

noncompliance is inconsequential to 

motor vehicle safety. Accordingly, 

Tesla’s petition is hereby granted and 

Tesla is exempted from the obligation of 

providing notification of, and a remedy 

for, that the subject 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 applies to the subject 

nonconforming vehicles that Tesla no 

longer controlled at the time it 

determined that the noncompliance 

existed. However, the granting of this 

decision 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 Tesla 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, 

Director, Office of Vehicle Safety Compliance. 

[FR Doc. 2016–02722 Filed 2–10–16; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2014–0094; Notice 2] 

Ferrari North America, Inc., Grant of 

Petition for Decision of 

Inconsequential Noncompliance 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Grant of petition. 

SUMMARY: Ferrari North America, Inc. 

(FNA), has determined that certain 

model year (MY) 2007–2009 Ferrari 

F430 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. FNA filed a report dated July 

16, 2014, pursuant to 49 CFR part 573, 

Defect and Noncompliance 

Responsibility and Reports. FNA then 

petitioned NHTSA under 49 CFR part 

556 requesting a decision that the 

subject noncompliance is 

inconsequential to motor vehicle safety. 

ADDRESSES: For further information on 

this decision contact Kerrin Bressant, 

Office of Vehicles Safety Compliance, 

the National Highway Traffic Safety 

Administration (NHTSA), telephone 

(202) 366–1110, facsimile (202) 366– 

3081. 

SUPPLEMENTARY INFORMATION: 

I. Overview 

Pursuant to 49 U.S.C. 30118(d) and 

30120(h) and the rule implementing 

those provisions at 49 CFR part 556, 

FNA submitted a petition for an 

exemption from the notification and 

remedy requirements of 49 U.S.C. 

mstockstill on DSK4VPTVN1PROD with NOTICES