[Federal Register Volume 84, Number 206 (Thursday, October 24, 2019)]
[Notices]
[Pages 57156-57157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23189]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2019-0050; 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.

-----------------------------------------------------------------------

SUMMARY: Automobili Lamborghini has determined that certain 2019-2020 
Lamborghini Urus motor vehicles do not fully comply with Federal Motor 
Vehicle Safety Standard (FMVSS) No. 110, Tire Selection and Rims and 
Motor Home/Recreation Vehicle Trailer Load Carrying Capacity 
Information for Motor Vehicles with a GVWR of 4,536 kilograms (10,000 
pounds) or Less. Automobili Lamborghini filed a noncompliance report 
dated April 10, 2019, and also petitioned NHTSA on May 9, 2019, for a 
decision that the subject noncompliance is inconsequential as it 
relates to motor vehicle safety. This document announces receipt of 
Automobili Lamborghini's petition.

DATES: The closing date for comments on the petition is November 25, 
2019.

ADDRESSES: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket number cited in the title of this notice and may be 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 dockets. 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 
2019-2020 Lamborghini Urus motor vehicles do not fully comply with 
paragraph S4.4.2(a) and (c) of FMVSS No. 110, Tire Selection and Rims 
and Motor Home/Recreation Vehicle Trailer Load Carrying Capacity 
Information for Motor Vehicles with a GVWR of 4,536 kilograms (10,000 
pounds) or Less (49 CFR 571.110). Automobili Lamborghini filed a 
noncompliance report dated April 10, 2019, pursuant to 49 CFR part 573, 
Defect and Noncompliance Responsibility and Reports. Automobili 
Lamborghini also petitioned NHTSA on May 9, 2019, for an exemption from 
the

[[Page 57157]]

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 exercises of judgment concerning the merits of 
the petition.
    II. Vehicles Involved: As originally filed, Automobili 
Lamborghini's petition stated that the petition applied to MY 2018-2019 
Lamborghini Urus motor vehicles, however, the company has since 
clarified that the correct MYs are MY 2019-2020.
    Accordingly, approximately 595 MY 2019-2020 Lamborghini Urus motor 
vehicles, manufactured between August 30, 2018, and April 10, 2019, are 
potentially involved.
    III. Noncompliance: Automobili Lamborghini explains that the 
noncompliance is that the rims equipped on the subject vehicles do not 
fully comply with paragraph S4.4.2(a) and (c) of FMVSS No. 110. 
Specifically, the rims on the subject vehicles do not contain the 
required designation symbol or DOT certification markings.
    IV. Rule Requirements: Paragraph S4.4.2(a) of FMVSS No. 110 
includes the requirements relevant to this petition. Each rim or, at 
the option of the manufacturer in the case of a single-piece wheel, 
each wheel disc shall be marked with a designation that indicates the 
source of the rim's published nominal dimensions and the symbol DOT, 
constituting a certification by the manufacturer of the rim that the 
rim complies with all applicable FMVSS.
    V. Summary of Lamborghini's Petition: Automobili Lamborghini 
described the subject noncompliance and stated its belief that the 
noncompliance is inconsequential as it relates to motor vehicle safety.
    In support of its petition, Automobili Lamborghini submitted the 
following reasoning:
    1. The ``DOT'' marking signifies that the manufacturer of the rim 
has certified that the rim complies with all applicable FMVSSs. So, 
because ``DOT'' is a ``certification,'' it is a violation of 49 U.S.C. 
30115 (``Certification''), which does not require notification and 
remedy (see 74 FR 69377).
    2. The designation symbol under S4.4.2(a) is not considered a 
``certification'' and indicates the source of the rim's published 
nominal dimensions. Thus, because a noncompliance under (a) is not a 
certification issue, which would implicate 49 U.S.C. 30115, Automobili 
Lamborghini has submitted a report pursuant to 49 CFR part 573.
    3. Automobili Lamborghini states that the subject rims contain all 
information required within FMVSS Sec.  571.110 and that the omission 
of the correct designation symbol ``E,'' required under S4.4.2(a), and 
the certification symbol ``DOT,'' required under S4.4.2(c), will not 
prevent tires and rims from properly matching in the case of worn-out 
tires.
    4. Automobili Lamborghini says that the owner's manual and the tire 
placard, both contain the correct and complete size of rims installed 
on the subject vehicles. Automobili Lamborghini stated their belief 
that this matter will not affect the ability to clearly identify the 
subject rims in case of a parts recall and that this matter does not 
have any effect on motor vehicle safety.
    5. Automobili Lamborghini says that they are unaware of any 
accidents, injuries or customer complaints related to the lack of these 
markings. The missing markings do not affect the performance of the 
wheels or the tire and wheel assemblies.
    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. 2019-23189 Filed 10-23-19; 8:45 am]
 BILLING CODE 4910-59-P


