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Porsche Cars North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance


American Government Topics:  Porsche Cayenne, Porsche Macan

Porsche Cars North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance

Otto G. Matheke III
National Highway Traffic Safety Administration
15 October 2019


[Federal Register Volume 84, Number 199 (Tuesday, October 15, 2019)]
[Notices]
[Pages 55219-55220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22347]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2019-0048; Notice 1]


Porsche Cars North America, Inc., Receipt of Petition for 
Decision of Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Receipt of petition.

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SUMMARY: Porsche Cars North America, Inc. (Porsche), has determined 
that certain model year (MY) 2008-2019 Porsche Cayenne and Macan motor 
vehicles do not comply with Federal Motor Vehicle Safety Standard 
(FMVSS) 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. Porsche filed a 
noncompliance report dated March 28, 2019, and subsequently petitioned 
NHTSA on April 20, 2019, for a decision that the subject noncompliance 
is inconsequential as it relates to motor vehicle safety. This notice 
announces receipt of Porsche's petition.

DATES: Send comments on or before November 14, 2019.

ADDRESSES: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket and notice 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: Porsche has determined that certain MY 2008-2019 
Porsche Cayenne and Macan motor vehicles do not fully comply with 
paragraphs S4.4.2(a) and S4.4.2(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). Porsche filed a noncompliance report 
dated March 28, 2019, pursuant to 49 CFR part 573, Defect and 
Noncompliance Responsibility and Reports, and subsequently petitioned 
NHTSA on April 20, 2019, 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, 
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 Porsche'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.
    II. Vehicles Involved: Approximately 230,212 of the following MY 
2008-2019 Porsche Cayenne and Macan motor vehicles, manufactured 
between June 1, 2007, and September 21, 2018, are potentially involved:
     MY 2008-2014 Porsche Cayenne;
     MY 2017-2018 Porsche Cayenne ``Platinum Edition;''
     MY 2014 Porsche Cayenne Diesel ``Platinum Edition;''
     MY 2014 Porsche Cayenne ``Platinum Edition;''
     MY 2013-2016 Porsche Cayenne Diesel;
     MY 2019 Porsche Cayenne E-Hybrid;
     MY 2008-2010 Porsche Cayenne GTS;
     MY 2013-2014 Porsche Cayenne GTS;
     MY 2010 Porsche Cayenne GTS ``Porsche Design Edition 3;''
     MY 2008-2010 Porsche Cayenne GTS;
     MY 2016-2018 Porsche Cayenne GTS;

[[Page 55220]]

     MY 2015-2018 Porsche Cayenne S E-Hybrid;
     MY 2011-2014 Porsche Cayenne S Hybrid;
     MY 2010 Porsche Cayenne S Transsyberia;
     MY 2008-2018 Porsche Cayenne S;
     MY 2017-2018 Porsche Cayenne S E-Hybrid ``Platinum 
Edition;''
     MY 2008-2019 Porsche Cayenne Turbo;
     MY 2009-2010 Porsche Cayenne Turbo S;
     MY 2016-2018 Porsche Cayenne Turbo S;
     MY 2014 Porsche Cayenne Turbo S;
     MY 2015-2018 Porsche Macan Turbo;
     MY 2017-2018 Porsche Macan;
     MY 2018 Porsche Macan ``Sport Edition;''
     MY 2017-2018 Porsche Macan GTS;
     MY 2015-2018 Porsche Macan S; and
     MY 2017-2018 Porsche Macan Turbo Plus Performance Package.
    III. Noncompliance: Porsche explains that the noncompliance is that 
the subject vehicles are equipped with rims that do not contain the 
required rim markings as specified in paragraph S4.4.2 of FMVSS No. 
110. Specifically, the rims on the subject vehicles do not contain the 
designation symbol ``E'' as required by paragraph S4.4.2(a) of FMVSS 
No. 110 and the certification symbol ``DOT'' as required by paragraph 
S4.4.2(c) of FMVSS No. 110.
    IV. Rule Requirements: Paragraphs S4.4.2(a) and S4.4.2(c) of FMVSS 
110, include 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 the designation that indicates the 
source of the rim's published nominal dimensions, specifically, ``E'' 
indicating The European Tyre and Rim Technical Organization and the 
symbol DOT, constituting a certification by the manufacturer of the rim 
that the rim complies with all applicable FMVSS.
    V. Summary of Petition: Porsche 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, Porsche submitted the following 
reasoning:
    1. With respect to FMVSS No. 110, paragraph S4.4.2(c), the DOT 
marking signifies that the manufacturer of the rim has certified that 
the rim complies with all applicable FMVSSs. As the DOT marking is a 
``certification,'' it is a violation of 49 U.S.C. 30115 
(``Certification''), which does not require notification or remedy. 
Porsche asserts that this is consistent with NHTSA's prior decision on 
petitions for the same issue. (See 74 FR 69376).
    2. With respect to FMVSS No. 110, paragraph S4.4.2(a), Porsche 
believes that the omission of the designation symbol ``E'' will not 
prevent the proper matching of tires and rims because sufficient 
information about rim size is available from other markings on the rim 
and the corresponding owner's manual instructions. More specifically, 
Porsche states, the rims are marked correctly with the size 
designation; the correct tire size information is listed on the Tire 
and Loading Information placard, and the tire size is marked on the 
tire sidewall. The vehicles' Certification label also contains the 
correct tire and rim sizes. Importantly, the omitted marking does not 
affect the ability to identify the rims in the event of a recall and is 
not likely to have any effect on motor vehicle safety. Porsche asserts 
that this is again consistent with NHTSA's prior decision on petitions 
for the same. (See 74 FR 69376).
    3. The tire and rim of the affected spare wheels are properly 
matched, and are appropriate for the load-carrying characteristics of 
the subject vehicle. Porsche asserts that the incorrect association 
marking has no effect on the performance of the tire/rim combination.
    4. The subject tire/rim assembly meets paragraph S4.4.1(b) rapid 
air loss requirement of FMVSS No. 110. All other applicable 
requirements of FMVSS Nos. 109 and 110 have been met.
    5. Lastly, Porsche is unaware of any accidents, injuries, or 
customer complaints related to the omitted markings.
    Porsche's complete petition and all supporting documents are 
available by logging onto the Federal Docket Management System (FDMS) 
website at https://www.regulations.gov and by following the online 
search instructions to locate the docket number as listed in the title 
of this notice.
    Porsche 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 Porsche 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 Porsche 
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. 2019-22347 Filed 10-11-19; 8:45 am]
BILLING CODE 4910-59-P

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