Porsche Cars North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance |
|---|
Topics: Porsche Cayenne, Porsche Macan
|
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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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