Porsche Cars North America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance |
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Topics: Porsche 911
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Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
25 October 2017
[Federal Register Volume 82, Number 205 (Wednesday, October 25, 2017)]
[Notices]
[Pages 49476-49478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23208]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2017-0023; Notice 2]
Porsche Cars North America, Inc., Grant of Petition for Decision
of Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition.
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SUMMARY: Porsche Cars North America, Inc. (PCNA), on behalf of Dr. Ing.
h.c.F. Porsche AG (PAG), has determined that certain model year (MY)
2017 Porsche 911 Turbo and Porsche 911 Turbo Cabriolet motor vehicles
do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS)
No. 101, Controls and Displays, and FMVSS No. 135, Light Vehicle Brake
Systems. PCNA filed a noncompliance report dated March 16, 2017. PCNA
also petitioned NHTSA on March 17, 2017, for a decision that the
subject noncompliance is inconsequential as it relates to motor vehicle
safety.
ADDRESSES: For further information on this decision contact Stu Seigel,
Office of Vehicle Safety Compliance, the National Highway Traffic
Safety Administration (NHTSA), telephone (202) 366-5287, facsimile
(202) 366-3081.
SUPPLEMENTARY INFORMATION:
I. Overview: Porsche Cars North America, Inc. (PCNA), on behalf of
Dr. Ing. h.c.F. Porsche AG (PAG), has determined that certain model
year (MY) 2017 Porsche 911 Turbo and Porsche 911 Turbo Cabriolet motor
vehicles do not fully comply with paragraph S5.2.1 of FMVSS No. 101,
Controls and Displays, and paragraph S5.5.5 of FMVSS No. 135, Light
Vehicle Brake Systems. PCNA filed a noncompliance report dated March
16, 2017, pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports. PCNA petitioned NHTSA on March 17, 2017,
pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, for an
exemption from the 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.
Notice of receipt of the petition was published with a 30-day
public comment period, on April 11, 2017, in the Federal Register (82
FR 17507). No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System
(FDMS) Web site at: https://www.regulations.gov/. Then follow the
online search instructions to locate docket number ``NHTSA-2017-0023.''
II. Vehicles Involved: Approximately 17 MY 2017 Porsche 911 Turbo
and Porsche 911 Turbo Cabriolet motor vehicles, manufactured between
May 31, 2016, and January 11, 2017, are potentially involved.
III. Noncompliance: PCNA explains that the noncompliance is that
the telltales used for Brake Warning, Park Brake Warning and Antilock
Braking System (ABS) failure warnings are displayed using International
Organization for Standardization (ISO) symbols instead of the words
``Brake'' and ``ABS'' as required by paragraph
[[Page 49477]]
S5.2.1 of FMVSS No. 101 and paragraph S5.5.5 of FMVSS No. 135.
IV. Rule Text: Paragraph S5.2.1 of FMVSS No. 101 requires in
pertinent part:
S5.2.1 Except for the Low Tire Pressure Telltale, each control,
telltale and indicator that is listed in column 1 of Table 1 or
Table 2 must be identified by the symbol specified for it in column
2 or the word or abbreviation specified for it in column 3 of Table
1 or Table 2. If a symbol is used, each symbol provided pursuant to
this paragraph must be substantially similar in form to the symbol
as it appears in Table 1 or Table 2. If a symbol is used, each
symbol provided pursuant to this paragraph must have the
proportional dimensional characteristics of the symbol as it appears
in Table 1 or Table 2 . . .
Paragraphs S5.5.5 of FMVSS No. 135 requires in pertinent part:
S5.5.5. Labeling. (a) Each visual indicator shall display a word
or words in accordance with the requirements of Standard No. 101 (49
CFR 571.101) and this section, which shall be legible to the driver
under all daytime and nighttime conditions when activated. Unless
otherwise specified, the words shall have letters not less than 3.2
mm (one-eighth inch) high and the letters and background shall be of
contrasting colors, one of which is red. Words or symbols in
addition to those required by Standard No. 101 and this section may
be provided for purposes of clarity.
(b) Vehicles manufactured with a split service brake system may
use a common brake warning indicator to indicate two or more of the
functions described in S5.5.1(a) through S5.5.1(g). If a common
indicator is used, it shall display the word ``Brake.'' . . .
(d) If separate indicators are used for one or more of the
conditions described in S5.5.1(a) through S5.5.1(g), the indicators
shall display the following wording: . . .
(3) If a separate indicator is provided for the condition
specified in S5.5.1(b), the letters and background shall be of
contrasting colors, one of which is yellow. The indicator shall be
labeled with the words ``Antilock'' or ``Anti-lock'' or ``ABS''; or
``Brake Proportioning,'' in accordance with Table 2 of Standard No.
101 . . .
V. Summary of PCNA's Petition: PCNA 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, PCNA submitted the following reasoning:
(a) The Owner's Manual for the subject vehicles is written for
multiple markets and depicts both the ``BRAKE'' and ISO symbols
telltales for brake warning, as well as the ``ABS'' and ISO symbol
telltales for ABS lamp.
(b) The ISO symbol for ABS lamp also contains the word ``ABS'',
which is additionally embedded in a circle with two vertical lines. In
case of an illumination of the ISO symbol, the malfunction display,
located in the instrument cluster will display an additional warning
message that states ``ABS/PSM failure. Drive with caution'' and an
initial warning chime will sound. Porsche believes that in the event
the ISO ABS telltale is displayed, the driver would recognize a
possible ABS malfunction.
(c) In the event the brake fluid level in the master cylinder
reservoir is less than the recommended safe level, the ISO symbol will
illuminate, and the multifunction display will display a warning
message that states ``Brake fluid level. Park vehicle safely'' and an
initial warning chime will sound. The message will stay continuously
displayed, provided there are no other serious message(s), which would
result in the messages being displayed in an alternating manner. If the
brake fluid is still low on subsequent ignition key cycles the message
will be redisplayed in the message center.
(d) The parking brake in the subject vehicles are set by pushing a
button labelled ``P'', which is located on the left hand side of the
steering wheel. Once the parking brake is set, a red light indicator
located in the button will illuminate. Thus, the application of the
parking brake is in full view of the operator. When the parking brake
is engaged it illuminates the ISO symbol and, should the operator
proceed with the parking brake engaged, the parking brake releases
automatically if the following prerequisites are fulfilled:
1. Engine is running;
2. Driver's door is closed;
3. Driver's seat belt is fastened.
If one of these prerequisites is not fulfilled, the electric
parking brake is not automatically released when the operator attempts
to drive off. A message appears on the multifunction display, and the
red light indicator in the button as well as the ISO symbol for the
brake will flash.
(e) In all cases the ISO symbols for the brake and ABS telltale
illuminate and remain illuminated in accordance with the requirements
of FMVSS No. 135.
(f) Porsche is unaware of any field or owner complaints regarding
the issue of non-compliant telltales.
PCNA 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'S Decision
NHTSA's Analysis: NHTSA has reviewed PCNA's analyses that the
subject noncompliances are inconsequential to motor vehicle safety.
Specifically, the use of an ISO telltale indicating both low fluid and
parking brake actuation instead of the word ``BRAKE,'' as required by
paragraph S5.5.5(b) of FMVSS No. 135 and paragraph S5.2.1 of FMVSS No.
101, and an ISO symbol for the ABS telltale, instead of the words
``Antilock'' or Anti-lock'' or ``ABS'' as required by paragraph
S5.5.5(d)(3) of FMVSS No. 135 and paragraph S5.2.1 of FMVSS No. 101,
poses little if any risk to motor vehicle safety. As discussed below,
NHTSA believes that the inadvertent use of the ISO symbols for these
specific vehicles is inconsequential primarily because multiple sources
of information are simultaneously activated to properly warn the driver
of the conditions, and because drivers have, over time, become
increasingly familiar with ISO symbol meaning as many ISO symbols have
been used on U.S.-certified vehicles in conjunction with the required
text.
1. Per paragraph S5.5.2 of FMVSS No. 135, all indicators are
activated as a check function when the ignition (start) switch is
turned to the ``on'' (``run'') position when the engine is not running
or when the ignition (start) switch is in a positon between ``on''
(``run'') and ``start.'' As such, each time the driver activates the
starting system on these affected vehicles, the ISO brake warning
symbol and the ISO ABS Malfunction symbol will illuminate. If the
driver is not familiar with the ISO symbol meaning, the owner's manual
can be referenced, which will explain the relationship between the
symbol and its function. NHTSA also believes that as some vehicles
have, over time, incorporated both the required telltale labeling with
adjacent supplementary ISO symbols, the ISO symbols have evolved to
become increasingly recognizable and understandable to drivers. NHTSA
further believes drivers recognize that a telltale illuminated in red
or amber, as is the case here, even if unlabeled, represents a
malfunction which needs to be remedied.
2. PCNA uses an allowed common indicator for the condition of low
brake fluid and activation of the parking brake. The symbol is red with
a contrasting background color as required in the standard. In a low-
brake-fluid situation, in addition to the ISO symbol illumination, the
operator is provided multiple sources of information of the existence
of a problem. A multifunction display will display a warning message
that is clear and definitive stating ``Brake fluid level. Park vehicle
safely''. In the affected vehicles, the malfunction display is
[[Page 49478]]
contained in the instrument panel in plain view of the driver. In
addition, an initial warning chime will sound. The message will be
continuously displayed unless another serious condition is displayed in
which case the messages would be alternating. Low fluid is redisplayed
on subsequent ignition cycles.
The combination of the red brake ISO symbol, a detailed message on
the instrument cluster for low fluid, and a warning chime provides the
operator ample notification of a brake condition requiring action.
3. The parking brake on the subject vehicles is electronically
activated by pushing a button labelled ``P'', which is located on the
left side of the steering wheel. When the parking brake is engaged, the
dual-function common ISO symbol will illuminate in red with additional
visual feedback to the operator from illumination of a red indicator
light located in the button. If the operator proceeds with the parking
brake engaged, the brake will release automatically if (1) the engine
is running, (2) the driver's door is closed, and (3) the driver's seat
belt is fastened. These conditions are met most of the time, so the
likelihood of driving with the parking brake engaged is limited.
However, if one these three prerequisite conditions is not fulfilled,
the electric parking brake will not automatically release when the
operator attempts to drive off. Under this circumstance, the red ISO
symbol will flash, which makes it highly noticeable to the driver, the
red parking brake button will remain illuminated, and a message will
appear on the multifunction display. These three redundant visual
indicators to the operator provide ample feedback that the parking
brake remains activated. The agency also believes that the operator in
many cases would be aware of an activated parking brake due to reduced
vehicle drivability from brake drag.
4. When an ABS malfunction occurs, the amber ISO symbol with the
word ``ABS'' embedded in it illuminates. Although this is the correct
telltale word as specified in the standard, the lettering height is
less than the required 3.2mm. There are two additional redundancies
that provide notification to the operator of an ABS situation: The
statement ``ABS/PSM failure. Drive with caution'' is displayed on the
multifunction instrument cluster and an initial warning chime will
sound. An operator is very unlikely to overlook these three separate
notifications, and remedial action can be taken.
5. Lastly, the presence of ISO symbols instead of wording on the
instrument panel has no effect on the functionality and performance of
the parking brake system, the service brake system, and the ABS system.
NHTSA believes that the subject noncompliances on these specific
vehicles--use of the ISO symbol for low brake fluid and parking brake
actuation and ABS malfunction instead of the required words--are
inconsequential to motor vehicle safety, primarily because illumination
of each ISO symbol is accompanied by multiple redundant operator
notifications including messages on an instrument cluster display and
audible chimes. The manufacturer has stated and we agree, that the ISO
symbol usage for these specific vehicles is unlikely to lead to any
misunderstanding since other sources of correct information beyond the
provided telltales are available.
NHTSA's Decision: In consideration of the foregoing, NHTSA finds
that PCNA has met its burden of persuasion that the FMVSS Nos. 101 and
135 noncompliances are inconsequential as they relate to motor vehicle
safety. Accordingly, PCNA's petition is hereby granted and PCNA is
consequently exempted from the obligation to provide notification of,
and a remedy for, the subject 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 vehicles that PCNA 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 into interstate commerce of the noncompliant
vehicles under their control after PCNA 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. 2017-23208 Filed 10-24-17; 8:45 am]
BILLING CODE 4910-59-P