Porsche Cars North America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance |
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Topics: Porsche Cayenne, Porsche Macan
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Otto G. Matheke III
National Highway Traffic Safety Administration
4 January 2021
[Federal Register Volume 86, Number 1 (Monday, January 4, 2021)]
[Notices]
[Pages 184-186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-29042]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2019-0048; 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. (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 the grant of Porsche's petition.
FOR FURTHER INFORMATION CONTACT: Kerrin Bressant, Office of Vehicle
Safety Compliance, the National Highway Traffic Safety Administration
(NHTSA), telephone (202) 366-1110, facsimile (202) 366-5930.
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.
Notice of receipt of Porsche's petition was published with a 30-day
public comment period, on October 15, 2019, in the Federal Register (84
FR 55219). One comment was received but lacked relevance to the subject
petition. To view the petition and all supporting documents log onto
the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Then follow the online search instructions to
locate docket number ``NHTSA-2019-0048.''
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 2016-2019 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
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
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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. In section S4.4.2(a), 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, the noncompliant rims should have been marked with the
letter ``E'' indicating the European Tire and Rim Technical
Organization as the source of nominal dimensions. Section S4.4.2(c)
requires each wheel disk to be marked with the symbol ``DOT,''
constituting a certification of compliance with all applicable FMVSS.
V. Summary of Porsche's 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. Porsche asserts that
because 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 Volvo Cars of North
America, LLC, Grant of Petition for Decision of Inconsequential
Noncompliance, 74 FR 69376, December 31, 2009).
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. Porsche indicates that, 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 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.
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.
VI. Comments
NHTSA received one comment from the general public. While the
Agency takes great interest in the public's concerns and appreciates
the commenter's feedback, the comment does not address the purpose of
this particular petition.
VII. NHTSA's Analysis
The intent of the labeling requirements in paragraphs 4.4.2(a) and
S4.4.2(c) of FMVSS No. 110 is to provide safe operation of vehicles by
ensuring that vehicles are equipped with rims of appropriate size and
type designation mounted with compatible tires of appropriate size and
load rating. The purpose of the ``DOT'' marking is to certify
compliance with all applicable standards. The ``DOT'' certification is
also itself a requirement of the standard, 49 CFR 571.110, S.4.4.2(c).
However, NHTSA finds that the noncompliance with the ``DOT'' marking
requirement is inconsequential in this situation, given Porsche's
representation that the vehicles comply with the standard, other than
as discussed herein, and given that the vehicles have a vehicle-level
certification of compliance. See 49 U.S.C. 30115; 49 CFR 567.4.
Furthermore, while manufacturers are required to include the
designation symbol required by S4.4.2(a), its omission does not prevent
the proper matching of tires and rims in this unique situation because
sufficient information about rim size is available from other markings
on the rims, as well as information available from the certification
label required by 49 CFR part 567 and the vehicle placard (tire
information label) required by FMVSS No. 110 that are present on the
affected vehicles. In addition, the omitted marking does not affect the
ability to identify the rims in the event of recall and is not likely
to have a consequential effect on motor vehicle safety.
NHTSA's Decision
In consideration of the foregoing, NHTSA has decided that Porsche
has met its burden of persuasion that the failure to mark the wheels
with the letter ``E'' as the source of wheel nominal dimensions, as
required by paragraph S4.4.2(a), and the symbol ``DOT'' for recognizing
certification to all applicable FMVSSs, are inconsequential to motor
vehicle safety. Accordingly, Porsche's petition is granted, and it is
exempted from providing the notification of noncompliance that is
required by 49 U.S.C. 30118, and from remedying the noncompliance, as
required by 49 U.S.C. 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, 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.
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(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. 2020-29042 Filed 12-31-20; 8:45 am]
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