[Federal Register Volume 79, Number 249 (Tuesday, December 30, 2014)]
[Notices]
[Pages 78564-78565]
[FR Doc No: 2014-30487]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2012-0147; Notice 2]

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

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Grant of petition.

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SUMMARY: American Honda Motor Co., Inc. (Honda) has determined that the
tire pressure monitoring system (TPMS) low tire pressure warning for
certain model year (MY) 2011 and 2012 Acura TSX passenger cars equipped
with accessory 18-inch diameter wheels sold at Honda dealerships do not
comply with paragraph S4.2(a) of Federal Motor Vehicle Safety Standard
(FMVSS) No. 138 Tire Pressure Monitoring Systems. Honda has filed an
appropriate report dated September 27, 2012, pursuant to 49 CFR part
573, Defect and Noncompliance Responsibility and Reports.

ADDRESSES: For further information on this decision contact Maurice
Hicks, Office of Vehicle Safety Compliance, the National Highway
Traffic Safety Administration (NHTSA), telephone<PHONE_NUMBER>,
facsimile<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    I. Honda's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h)
and the rule implementing those provisions at 49 CFR part 556, Honda
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 Honda's petition was published, with a 30-day
public comment period, on July 22, 2013, in the Federal Register (78 FR
43965.) 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-2012-0147.''
    II. Vehicles Involved: Affected are approximately 212 model years
2011 and 2012 Acura TSX passenger cars equipped with accessory 18-inch
diameter wheels sold at Honda dealerships.
    III. Noncompliance: Honda explains that the noncompliance is that
when the accessory wheels and tires are installed on the subject
vehicles, the preset TPMS warning level cannot be adjusted to warn at a
higher cold inflation pressure for the accessory tires. The TPMS system
on these vehicles is set for the OEM 17-inch diameter tires with
recommended 230 kPa (33 psi), not the accessory 18-inch tires with
recommended 260 kPa (38 psi).
    Honda set the TPMS warning level for the OEM tires at 183 kPa (26.5
psi), which is approximately 20 percent below the recommended inflation
pressure. Standard 138 requires a warning when the pressure is equal to
or less than 25 percent below the recommended inflation pressure. For
the accessory tires, 25 percent below 260 kPa (38 psi) is 195 kPa (28.3
psi), but the telltale does not illuminate until the tire pressure
reaches 183 kPa (26.5 psi). Therefore, the vehicles do not comply with
paragraph S4.2(a) of FMVSS No. 138.
    IV. Rule Text: 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;

    V. Summary of Honda's Analyses: A total of approximately 848
wheels, or 212 complete wheel sets, were sold to Acura dealerships by
Honda between November 2010 and April 2012. These wheels were sold with
a replacement tire pressure placard, in accordance with the
requirements of FMVSS No. 110 ``Tire Selection and Rims'', indicating
an inflation pressure of 260 kPa (38 psi) for the recommended 225/45ZR
18 tire size with an 95Y load capacity rating. There have been no
reports of crashes, injuries or death as a result of the accessory tire
being used with the standard TPMS threshold.
    After the beginning of retail sales of 2012 model year Acura TSX
models Honda discovered that the recommended electronic method of
updating the TPMS setting for these accessory wheels would incorrectly
inform technicians that the adjustments had been completed
successfully. The result is that the TPMS warning threshold remains at
Honda's setting for the OEM 17-inch diameter wheels of not less than
183kPa (26.5psi) for the standard recommended tire pressure of 230kPa
(33psi). The minimum allowable TPMS threshold for the 18-inch diameter
accessory wheels would be 195kPA (28 psi) (28.3psi using conversion
factor 1psi = 6.895kPa), based on the recommended pressure of 260kPa
(38psi) as indicated on the tire pressure placard.
    Honda believes that this noncompliance is inconsequential to motor
vehicle safety because even at the lower TPMS threshold, adequate load
capacity remains for the tires on these vehicles. Honda indicated that
it also conducted dynamic testing to confirm that the handling and
stability of the vehicle is not adversely affected at the lower
pressures.
    The maximum load capacity for each of the P225/45ZR 18 95Y tires
for this vehicle is 575 kilograms (1,268lbs) at 230kPa (33psi),
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
2011 or 2012 Acura TSX is 546.6 kilograms (1,207.2 lbs) for each front
tire and 514.9 kilograms (1,135 lbs) for each rear tire, well within
the load capacity specified by JATMA.
    At 80% of the lower pressure for the OEM 17-inch tires (230kPa
(33psi), as opposed to the 260kPa (38psi) recommended on the tire
pressure placard for the 18-inch accessory tires), the low tire
pressure indicator will illuminate at 183kPa (26.5psi).

    Honda has additionally informed NHTSA that it has corrected the
noncompliance so that all future vehicles will comply with FMVSS No.
138.
    In summation, Honda believes that the described noncompliance of
its vehicles is inconsequential to motor vehicle safety, and that its
petition, to exempt 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.

I. NHTSA's Analysis and Decision

    Honda is petitioning NHTSA for exemption on the basis that the
noncompliance is inconsequential to safety because the accessory wheels
and tires have adequate load carrying capacity at the lower tire
pressure of the 17-inch OEM tires and because the handling and
stability of the vehicle is not adversely affected at this lower
pressure as confirmed by Honda's own dynamic testing. Honda used
similar arguments that were accepted by NHTSA in granting the Part 556
exemption for the TPMS noncompliance involving certain 2008 and 2009
Honda Civics (see 77 FR 43145 on July 23, 2012).
    NHTSA agrees with Honda that the accessory tires inflated to 230
kPa (33 psi) that is the lower pressure for the OEM 17-inch tires will
have adequate load carrying capacity to accommodate the maximum weight
of the subject vehicles. Similar to the agency's previous conclusion in
responding to the Honda Civic petition and as required by FMVSS No.
110, the tire's load ratings must be equal to or exceed the load
applied when the vehicle is at its maximum loaded weight. FMVSS No.
110, section S<IP_ADDRESS>, states that, ``The vehicle maximum load on the
tire shall not be greater than the applicable maximum load rating as
marked on the sidewall of the tire.'' According to Honda, for a 2011 or
2012 Acura TSX, each front tire would be required to support a maximum
load of 546.6 kilograms (1,207.2 lbs) to accommodate the GAWR of the
front axle. Likewise, for each rear tire, a load rating of 514.9
kilograms (1,135 lbs) or more would be needed to support the GAWR of
the rear axle.
    Data from the Japan Automotive Tyre Manufacturers' Association, a
reference recognized in FMVSS No. 110, indicate that for each P225/45ZR
18 95Y accessory tire, the load rating is calculated to be 575
kilograms (1,268lbs) at the lower pressure of the original tires, 230
kPa (33psi). This load rating is greater than the highest (front) tire
load on the affected vehicle based on the GAWR. Furthermore, the
manufacturer of the optional tires would have to meet FMVSS No. 139
which specifies a low inflation pressure performance test in which the
tires are loaded to the maximum tire load carrying capacity while
underinflated to a pressure of only 140kPa (20 psi), which is less than
the TPMS telltale activation pressure for the OEM tires of the subject
vehicles. Therefore, adequate load carrying capacity remains for the
accessory tires on these vehicles.
    Honda's second argument is that the handling and stability of the
subject vehicles are not adversely affected by the accessory tires and
wheels. While NHTSA cannot confirm Honda's in-house results, we believe
it is the responsibility of each vehicle manufacturer to maintain
certification to all applicable FMVSSs for all optional equipment such
as any wheels and tires it authorizes. Honda provided the 212 complete
wheel sets to dealers with replacement vehicle tire placards as
required by FMVSS No. 110, specifying the correct tire size and
inflation pressure. It follows that Honda believed a vehicle so
equipped would continue to comply with NHTSA's safety standards. For
example, the subject vehicles with the accessory wheel sets should
continue to comply with the requirements of FMVSS No. 126, Electronic
stability control systems.
    In consideration of the foregoing, NHTSA has decided that Honda has
met its burden of persuasion that the FMVSS No. 138 noncompliance is
inconsequential to motor vehicle safety. Accordingly, Honda's petition
is hereby granted and Honda is exempted from the obligation of
providing notification of, and a 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 apply to the subject 212 subject vehicles that Honda 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 Honda
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,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2014-30487 Filed 12-29-14; 8:45 am]
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