6930 Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Notices 

bulb check lasting approximately five 

seconds. According to GM, the 

condition will have little effect on the 

normal operation of the vehicle as no 

underlying systems are affected by the 

failure. 

After receipt of GM’s petition, NHTSA 

requested more information regarding 

the subject noncompliance. GM 

submitted videos showing that when the 

condition occurs any existing warning 

lights extinguish, the indicators (gauges) 

drop to zero, and operation of the entire 

instrument panel is interrupted. 

Specifically, any illuminated telltales 

extinguish for approximately one and 

one half seconds before a bulb check 

that lasts approximately five seconds is 

initiated. At the conclusion of the bulb 

check, any previously illuminated 

telltales will illuminate and remain 

illuminated. 

NHTSA agrees with GM that if the 

instrument panel reset were to happen 

it would only be a momentary 

condition, the instrument panel telltales 

and indicators would extinguish and 

return to normal very quickly, with 

little, if any, impact to the driver. 

GM mentioned two previous petitions 

that the agency granted due to the loss 

or failure of telltale indications. In the 

first petition, General Motors Corp.; 

Grant of Petition for Determination of 

Inconsequential Noncompliance, 56 FR 

33323 (July 19, 1991), the 

noncompliance would only manifest 

itself when the headlight high beams 

were turned on and the cigar lighter was 

activated. In this situation the required 

high beam telltale could dim or 

extinguish altogether for a short period 

of time while the cigar lighter was being 

powered. The petition was granted 

because the agency determined there 

was no consequence to motor vehicle 

safety attached to the extinguishment of 

the high beam telltale. 

In the second petition, submitted by 

Nissan, Nissan North America, 

Incorporated, Grant of Petition for 

Decision of Inconsequential 

Noncompliance, 78 FR 59090, (Sept. 25, 

2013), under rare circumstances the 

transmission gear selected was not 

always displayed correctly as required. 

The petition was granted because it was 

only possible for the gear indication to 

extinguish when the engine was 

inactive and the vehicle was inoperable. 

Upon reactivating the engine the gear 

indicator displayed the correct gear. 

Five commenters (four individuals 

and the Advocates for Highway and 

Auto Safety) provided comments about 

GM’s petition when NHTSA issued the 

notice of receipt in the Federal Register. 

One individual stated that ‘‘there is 

no such potential product recall as 

‘inconsequential’ ’’ and that ‘‘all product 

recalls must be effectively enforced 

against the vehicle manufacturer.’’ We 

note that the Motor Vehicle Safety Act 

requires the Secretary of Transportation 

to provide the vehicle manufacturers an 

opportunity to submit information, 

views, and arguments showing that a 

noncompliance does not impact motor 

vehicle safety. NHTSA is then required 

to consider information and arguments 

submitted and make a determination 

whether the noncompliance is, or is not, 

inconsequential to motor vehicle safety. 

If NHTSA determines that the subject 

noncompliance has no consequence to 

motor vehicle safety, the manufacturer 

is exempted from notification and 

remedy requirements of 49 U.S.C. 30118 

and 30120. 

The second individual commenter 

believes that GM should conduct a 

recall because the touch screen is not 

covered by the vehicle’s warranty. The 

agency feels that this comment is not 

relevant because the steering wheel 

controls (rather than the touch screen on 

the center console) are the controls that 

must be used for the subject 

noncompliance to occur. 

The two remaining individuals that 

provided comments believe that 

anything causing a distraction to the 

occupants of a motor vehicle under 

operation should be recalled. One of the 

commenters expressed that using a USB 

music device would be distracting and 

the other believes that the cluster 

becoming inoperable, even for a second, 

is enough time to distract the driver and 

cause an accident. 

After reviewing the video provided by 

GM, the agency believes that a reset of 

the instrument panel would be 

corrected quickly within seconds, before 

the driver would be distracted, or 

realize what was happening. 

The Advocates for Highway and Auto 

Safety does not specifically support the 

granting or denial of GM’s petition, but 

believes that the existence of such a 

malfunction raises serious questions 

regarding vehicle design which can lead 

to this kind of situation. 

Finally, GM stated that a Service 

Update Bulletin was issued to update 

the software of all IP clusters whenever 

any service to the affected vehicles is 

done at the dealership. The agency 

understands that GM’s action to update 

the IP cluster software on these vehicles 

as they are brought in for regular service 

should reduce considerably the number 

of affected vehicles. 

NHTSA’S Decision: In consideration 

of the foregoing, NHTSA has decided 

that GM has met its burden of 

persuasion that the FMVSS No. 101 and 

FMVSS No. 102 noncompliance in the 

affected vehicles is inconsequential to 

motor vehicle safety. Accordingly, GM’s 

petition is hereby granted and GM is not 

obligated to provide notification of, and 

a free remedy for, that 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 

noncompliant vehicles that GM no 

longer controlled at the time it 

determined that the noncompliance 

existed. However, the granting of 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 GM 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. 2016–02415 Filed 2–8–16; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2014–0035; Notice 2] 

McLaren Automotive, Inc. (McLaren), 

Grant of Petition for Decision of 

Inconsequential Noncompliance 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Grant of petition. 

SUMMARY: McLaren has determined that 

certain model year (MY) 2012–2015 

MP4 12–C Spider and Coupe 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. McLaren 

filed a report dated February 18, 2014, 

pursuant to 49 CFR part 573, Defect and 

Noncompliance Responsibility and 

Reports. McLaren then petitioned 

NHTSA under 49 CFR part 556 

requesting a decision that the subject 

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Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Notices 6931 

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, McLaren 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 McLaren’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 1,366 MY 2012–2015 

MP4 12–C Spider and Coupe model 

passenger cars manufactured from 

October 10, 2011 through February 18, 

2014. 

III. Noncompliance: McLaren explains 

that during testing of the tire pressure 

monitoring system (TPMS) it was noted 

that the malfunction indicator telltale 

illuminated as required by FMVSS No. 

138 when a malfunction is first detected 

with the exception of one scenario. If 

the malfunction is caused by an 

incompatible wheel sensor, when the 

vehicle ignition is deactivated and then 

reactivated to the ‘‘On’’ (‘‘Run’’) 

position after a five minute period, there 

is no immediate re-illumination of the 

malfunction indicator telltale as 

required if the malfunction still exists. 

Although the malfunction indicator 

telltale does not re-illuminate 

immediately after the vehicle ignition is 

reactivated, it does illuminate within 40 

seconds after the vehicle accelerates to, 

or above, 23 miles per hour (mph). 

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 McLaren’s Analyses: 

McLaren stated its belief that the subject 

noncompliance is inconsequential to 

motor vehicle safety for the following 

reasons: 

(A) McLaren stated that although the 

TPMS malfunction indicator telltale 

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 

40 seconds after the vehicle accelerates 

at or above 23 mph. McLaren submits 

that this brief pause before the 

malfunction indicator illuminates is 

inconsequential to motor vehicle safety. 

(B) McLaren explained that if the 

TPMS fails to detect a signal from a 

compatible sensor, the TPMS indicator 

on the instrument cluster will display 

no value for the tire pressure at the 

affected wheel(s). A display of no value 

will therefore also alert the driver to the 

fact that something is not functioning 

properly. 

(C) McLaren further states that with 

the exception of the subject 

noncompliance, all other aspects of the 

Malfunction Indicator and the TPMS in 

general are compliant with FMVSS No. 

138. 

(D) McLaren noted that it is not aware 

of any customer complaints related to 

this condition. 

(E) McLaren has additionally 

informed NHTSA that it has corrected 

this noncompliance in all vehicles 

manufactured after February 18, 2014. 

In summation, McLaren believes that 

the described noncompliance of the 

subject vehicles is inconsequential to 

motor vehicle safety, and that its 

petition, to exempt McLaren 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 Decision 

NHTSA Analysis: McLaren explained 

that although the malfunction indicator 

telltale does not re-illuminate 

immediately after the vehicle is 

restarted, it will illuminate shortly 

thereafter—within 40 seconds after the 

vehicle speed exceeds 23 mph, and will 

remain illuminated for the rest of the 

ignition cycle. 

NHTSA agrees with McLaren that the 

malfunction indicator telltale will not 

illuminate as required only during very 

short periods of time when the vehicle 

is traveling at low speeds and thus 

poses little risk to motor vehicle safety. 

Under normal driving conditions, a 

driver will begin a trip by accelerating 

moderately beyond 23 mph, and as 

explained by McLaren, once the vehicle 

accelerates to or above 23 mph, the 

malfunction indicator telltale reilluminates and then remains 

illuminated for the entire ignition cycle, 

regardless of vehicle speed. The telltale 

fails to re-illuminate only in the very 

rare case when the driver begins a trip 

and never exceeds 23 mph (the 

threshold speed necessary to re-activate 

the malfunction indicator telltale). No 

real safety risk exists because at such 

low speeds there is little risk of the 

driver losing control of the vehicle 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. 

McLaren stated that if the TPMS fails 

to detect a compatible wheel sensor, the 

TPMS indicator on the instrument 

cluster will display no value for the tire 

pressure at the affected wheel(s). 

McLaren explained that this information 

will help to alert the driver that some 

kind of system malfunction is occurring. 

The agency evaluated the displays 

McLaren 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 

the 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. 

McLaren discussed that with the 

exception of the subject noncompliance, 

all other aspects of the TPMS 

functionality are compliant with the 

FMVSS 138 requirements. The primary 

functions of the TPMS, the 

identification of all other required 

malfunctions as well as the 

identification of low tire inflation 

pressure scenarios, is not affected. 

The agency agrees with McLaren’s 

reasoning with regards to the subject 

noncompliance involving only one 

aspect of the system’s malfunction 

functionality. The primary function of 

the TPMS is to identify low inflation 

pressure conditions which McLaren’s 

system appears to do as required by 

FMVSS No. 138. Also, there are a 

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6932 Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Notices 

variety of other malfunctions that can 

occur in addition to the incompatible 

tire malfunction identified in this 

petition. We understand from McLaren 

that its TPMS will perform as required 

during all other system malfunctions. 

McLaren also 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 

McLaren that looked at customer 

complaints, field communications, 

incidents or injuries related to this 

condition, the agency conducted 

additional checks of its Office of Defects 

Investigations consumer complaint 

database and found no related 

complaints. 

McLaren stated that they have 

corrected the noncompliance in all 

unsold vehicles manufactured after 

February 18, 2014, as required by 

NHTSA. 

NHTSA’S Decision: In consideration 

of the foregoing, NHTSA finds that 

Mclaren has met its burden of 

persuasion that the subject FMVSS No. 

138 noncompliance in the affected 

vehicles is inconsequential to motor 

vehicle safety. Accordingly, McLaren’s 

petition is hereby granted and McLaren 

is consequently exempted from the 

obligation of providing notification of, 

and a free remedy for, that 

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 

noncompliant vehicles that McLaren no 

longer controlled at the time it 

determined that the noncompliance 

existed. However, the granting of 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 McLaren 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. 2016–02414 Filed 2–8–16; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

[Docket No. DOT–OST–2015–0194] 

30-Day Notice of Application for New 

Information Collection Request 

AGENCY: Office of the Secretary (OST), 

Department of Transportation 

(Department) or (DOT). 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, the 

Department of Transportation’s (DOT) 

Office of the Secretary (OST) announces 

its plan to submit the Information 

Collection Request (ICR) described 

below to the Office of Management and 

Budget (OMB) for its review and 

approval and invites public comment. 

Executive Order 12862 directs Federal 

agencies to provide service to the public 

that matches or exceeds the best service 

available in the private sector. In order 

to work continuously to ensure that our 

programs are effective and meet our 

customers’ needs, the Department of 

Transportation (DOT) seeks to obtain 

OMB approval of a generic clearance to 

collect feedback on our service delivery. 

A Federal Register Notice with a 60-day 

comment period soliciting comments on 

this information collection was 

published on November 12, 2015 (80 FR 

70077–8). The purpose of this notice is 

to allow for an additional 30 days of 

public comment. 

DATES: Comments on this notice must be 

received by March 10, 2016. 

ADDRESSES: Your comments should be 

identified by Docket No. DOT–OST– 

2015–0194 and may be submitted 

through one of the following methods: 

• Office of Management and Budget, 

Attention: Desk Officer for U.S. 

Department of Transportation, Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, 

Docket Library, Room 10102, 725 17th 

Street NW., Washington, DC 20503 

• email: oira_submission@

omb.eop.gov. 

• Fax: (202) 395–5806. Attention: 

DOT/OST Desk Officer. 

FOR FURTHER INFORMATION CONTACT: 

Habib Azarsina, Office of the Chief 

Information Officer, Office of the 

Secretary, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE., Washington, DC, 20590, 

202–366–1965 (Voice), 202–366–7870 

(Fax), or habib.azarsina@dot.gov 

(Email). 

SUPPLEMENTARY INFORMATION: 

Title: Generic Clearance for the 

Collection of Qualitative Feedback on 

Agency Service Delivery. 

Abstract: The information collection 

activity will garner qualitative customer 

and stakeholder feedback in an efficient, 

timely manner, in accordance with the 

Department’s commitment to improving 

service delivery. By qualitative feedback 

we mean information that provides 

useful insights on perceptions and 

opinions, but are not statistical surveys 

that yield quantitative results that can 

be generalized to the population of 

study. This feedback will provide 

insights into customer or stakeholder 

perceptions, experiences and 

expectations, provide an early warning 

of issues with service, or focus attention 

on areas where communication, training 

or changes in operations might improve 

delivery of products or services. These 

collections will allow for ongoing, 

collaborative and actionable 

communications between the 

Department of Transportation and its 

customers and stakeholders. It will also 

allow feedback to contribute directly to 

the improvement of program 

management. Feedback collected under 

this generic clearance will provide 

useful information, but it will not yield 

data that can be generalized to the 

overall population. 

The Department will only submit a 

collection for approval under this 

generic clearance if it meets the 

following conditions: 

• The collections are voluntary. 

• The collections are low-burden for 

respondents (based on considerations of 

total burden hours, total number of 

respondents, or burden-hours per 

respondent) and are low-cost for both 

the respondents and the Federal 

Government. 

• The collections are 

noncontroversial and do not raise issues 

of concern to other Federal agencies. 

• Any collection is targeted to the 

solicitation of opinions from 

respondents who have experience with 

the program or may have experience 

with the program in the near future. 

• Personally identifiable information 

(PII) is collected only to the extent 

necessary and is not retained. 

Information gathered is intended to be 

used only internally for general service 

improvement and program management 

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