[Federal Register Volume 73, Number 81 (Friday, April 25, 2008)]
[Notices]
[Pages 22460-22461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8991]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2008-0067; Notice 1]
Automobili Lamborghini SpA, Receipt of Petition for Decision of
Inconsequential Noncompliance
Automobili Lamborghini SpA (Lamborghini), has determined that
certain vehicles that it manufactured during the period June 8, 2007 to
December 18, 2007, did not fully comply with paragraph S5.5 of 49 CFR
571.205 Federal Motor Vehicle Safety Standards (FMVSS) No. 205 Glazing
Materials. Lamborghini 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), Lamborghini 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 Lamborghini'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.
Affected are approximately 152 model year 2008 Lamborghini Gallardo
Superleggera coupe passenger cars produced during the period June 8,
2007 to December 18, 2007. Paragraph S5.5 of 49 CFR 571.205 requires in
pertinent part that:
S5.5 Item 4A Glazing. Item 4A glazing may be used in all areas
in which Item 4 safety glazing may be used, and also for side
windows rearward of the ``C'' pillar. I.e., Item 4A glazing may be
used under Item 4A paragraph (b) of ANSI/SAE Z26.1-1996 only in side
windows rearward of the ``C'' pillar.
Lamborghini explained that due to a configuration mistake on the
production line an incorrect component made of polycarbonate (item 4A
glazing) was used in the rear windows of certain U.S. version coupes
(hardtops). Lamborghini further explained that based on the
requirements of paragraph S5.5 of FMVSS No. 205 item 4A glazing is
permitted in European specification vehicle rear windows and in U.S.
convertible rear windows, but not in U.S. coupe (hardtop) rear windows.
Lamborghini stated its belief that the reason why FMVSS No. 205
excludes item 4A from the rear windows of coupe (hardtop) vehicles is
twofold:
(1) The breaking of rigid plastic windows in a crash could leave
sharp, pointed shards in the window frame which could easily be
contacted by an occupant's head. There is also concern about occupant
injury resulting from large shards of rigid plastic glazing being
propelled inward by vehicle impacts with trees, poles, or other
vehicles.
(2) Second, The reduction in visibility through rear windows using
plastic glazing due to abrasion and weathering creates significant
safety concerns because a driver may have insufficient visibility to
avoid a crash in the first place.
Lamborghini also stated that it believes the noncompliance is
inconsequential to motor vehicle safety in the case of the Superleggera
because neither of the safety concerns discussed above is present
because:
(1) The use of polycarbonate glazing creates no greater danger
because FMVSS No. 201 conformance testing has shown that a passenger
head cannot physically contact the rear window given its small size and
location. Also, the rear window is so small and located in a protected
position between the ``buttresses'' of the vehicle's roof such that
impacts with trees, poles, or other vehicles, would not create the
danger of posed by large shards.
(2) Reduction in visibility due to abrasion and weathering is not
an issue with the Superleggera. In this vehicle, the driver's rear
visibility is based on the twin rear side mirrors. Even with no
abrasion or weathering, the design of the vehicle (and in particular
the ``buttresses'' of the roof) precludes a large degree of rearward
visibility. Lamborghini additionally states that it believes that this
situation is common for performance sports cars.
Lamborghini further explains that in its opinion NHTSA has
previously given other reasons that a noncompliance similar to the
instant one are inconsequential to motor vehicle safety including:
(1) Such a noncompliance is ``expected to be imperceptible, or
nearly so, to vehicle occupants or approaching drivers.''
(2) Under FMVSS No. 205, item 4A glazing is permitted in the rear
window of a ``convertible'', including hardtop convertibles.
(3) NHTSA previously held that as regards an exotic vehicle, a
noncompliance is inconsequential because the vehicle at issue was not
an ordinary passenger automobile designed for daily use, not designed
to be used as a family's primary passenger vehicle, and more of a
collector's piece, produced in very low numbers and driven a low number
of miles.
Lamborghini additionally states that no customer complaints related
to this noncompliance have been received.
Lamborghini requested that NHTSA consider its petition and grant an
exemption from the notification and recall requirements of the National
Traffic and Motor Vehicle Safety Act on the basis that the
noncompliance described above is inconsequential as it relates to motor
vehicle safety.
Lamborghini also states that it has corrected the problem that
caused these errors so that they will not be repeated in future
production.
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
[[Page 22461]]
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.
Documents submitted to a docket may be viewed by anyone at the
address and times given above. The documents may also be viewed on the
Internet at http://www.regulations.gov by following the online
instructions for accessing the dockets. DOT's complete Privacy Act
Statement is available for review in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
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: May 27, 2008.
Authority: (49 U.S.C. 30118, 30120: delegations of authority at
CFR 1.50 and 501.8)
Issued on: April 18, 2008.
Claude H. Harris,
Director, Office of Vehicle, Safety Compliance.
[FR Doc. E8-8991 Filed 4-24-08; 8:45 am]
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