
[Federal Register: May 12, 2009 (Volume 74, Number 90)]
[Notices]               
[Page 22202-22203]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12my09-79]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2009-0084; Notice 1]

 
American Honda Motor Co., Inc., Receipt of Petition for Decision 
of Inconsequential Noncompliance

    American Honda Motor Co., Inc. (Honda) has determined that certain 
2008 and 2009 model year Honda Civic Si model passenger cars when 
equipped with dealer accessory 18-inch diameter wheels do not fully 
comply with paragraph S4.2(a) of 49 CFR 571.138, Federal Motor Vehicle 
Safety Standard (FMVSS) No. 138 Tire Pressure Monitoring Systems. Honda 
has filed an appropriate report pursuant to 49 CFR Part 573, Defect and 
Noncompliance Responsibility and Reports.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 
at 49 CFR part 556), Honda has petitioned 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 Honda'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.
    The exact number of vehicles involved is not known. However, a 
total of approximately 952 wheels, or 238 complete wheel sets, were 
sold to Honda dealerships by Honda between July 2006 and September 
2008. These wheel sets were sold with a replacement tire pressure 
placard in accordance with FMVSS No. 110, indicating a tire inflation 
pressure of 250 kPa (36 PSI) for 215/40RZ18 tires having a load 
capacity rating of 85Y.
    Paragraph S4.2(a) of FMVSS No. 138 requires in pertinent part:

    S4.2 TPMS detection requirements. The tire pressure monitoring 
system must:
    (a) Illuminate a low tire pressure warning telltale not more 
than 20 minutes after the inflation pressure in one or more of the 
vehicle's tires, up to a total of four tires, is equal to or less 
than either the pressure 25 percent below the vehicle manufacturer's 
recommended cold inflation pressure, or the pressure specified in 
the 3rd column of Table 1 of this standard for the corresponding 
type of tire, whichever is higher * * *

    In its petition, Honda explained that after the beginning of retail 
sales of 2009 model year Honda Civic Si models it discovered that the 
recommended electronic method of updating the TPMS settings to 
accommodate proper installation of the subject optional wheel sets 
would incorrectly inform technicians that the adjustments had been 
completed successfully. The result is that the TPMS warning threshold 
remains at the standard setting for the original equipment 17-inch 
wheels of not less than 175 kPa (25 PSI) for the standard recommended 
tire pressure of 230 kPa (33 PSI). The minimum allowable TPMS threshold 
for the 18-inch accessory wheels should be 190 kPa (27 PSI), based on 
the recommended pressure of 250 kPa (36 PSI) as indicated on the 
replacement tire pressure placard. As a result, the low tire pressure 
warning telltale required by S4.2(a) will not illuminate at the 27 PSI 
minimum allowable TPMS threshold necessitated by installation of the 
dealer accessory wheels and tires.
    Honda explained that the load capacity for each of the 215/40RZ18 
85Y tires is 500 kilograms (1,100 lbs) at 230 kPa (33 PSI), calculated 
using the Japan Automotive Tyre Manufacturer's Association (JATMA) 
method, as recognized by NHTSA in FMVSS No. 110. The maximum allowable 
load according to the Gross Axle Weight Ratings (GAWR) for a 2008 or 
2009 Civic Si is 477 kilograms (1,050 lbs) for each front tire and 425 
kilograms (938 lbs) for each rear tire, well within the load capacity 
specified by JATMA. Honda therefore expressed its belief that this 
noncompliance is inconsequential to motor vehicle safety because at the 
25 PSI TPMS threshold, adequate load capacity remains for the 215/
40RZ18 58Y tires when mounted on the subject replacement rims on these 
vehicles.
    In summation, Honda states that it believes that the noncompliances 
are inconsequential to motor vehicle safety and that no corrective 
action is warranted.
    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.
    Interested persons are invited to submit written data, views, and 
arguments on this petition. Comments must refer to the docket and 
notice number cited at the beginning of this notice and be submitted by 
any of the following methods:
    a. By mail addressed to: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
    b. By hand delivery to 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 Federal holidays.
    c. Electronically: by logging onto the Federal Docket Management 
System (FDMS) Web site at http://www.regulations.gov/. Follow the 
online instructions for submitting comments. Comments may also be faxed 
to 1-202-493-2251.
    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 your comments were received, please 
enclose a stamped, self-addressed postcard with the comments. Note that 
all comments received will be posted without change to http://
www.regulations.gov, including any personal information provided.
    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). DOT's complete Privacy 
Act Statement in the Federal Register published on April 11, 2000 (65 
FR 19477-78).
    You may view documents submitted to a docket at the address and 
times given above. You may also view the documents on the Internet at 
http://www.regulations.gov by following the online instructions for 
accessing the dockets available at that Web site.
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated below will 
be filed and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the extent possible. When the petition is granted or 
denied, notice of the decision will be published in the Federal 
Register pursuant to the authority indicated below.
    Comment closing date: June 11, 2009.


[[Page 22203]]


    Authority:  (49 U.S.C. 30118, 30120: delegations of authority at 
CFR 1.50 and 501.8).

    Issued on: May 6, 2009.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E9-11021 Filed 5-11-09; 8:45 am]

BILLING CODE 4910-59-P
