Porsche Cars North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance |
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Topics: Porsche
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Otto G. Matheke, III
National Highway Traffic Safety Administration
16 August 2021
[Federal Register Volume 86, Number 155 (Monday, August 16, 2021)]
[Notices]
[Pages 45817-45818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17476]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2021-0038; 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) 2017-2021 Porsche Panamera, MY
2019-2021 Porsche Cayenne, and MY 2020-2021 Porsche Taycan motor
vehicles do not fully comply with Federal Motor Vehicle Safety Standard
(FMVSS) No. 135, Light Vehicle Brake Systems. Porsche filed an original
noncompliance report dated March 10, 2021. Subsequently, Porsche
petitioned NHTSA on April 1, 2021, 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 September 15, 2021.
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
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 docket. 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).
FOR FURTHER INFORMATION CONTACT: Vince Williams, General Engineer,
NHTSA, Office of Vehicle Safety Compliance, (202) 366-2319.
SUPPLEMENTARY INFORMATION:
I. Overview
Porsche has determined that certain MY 2017-2021 Porsche Panamera,
MY 2019-2021 Porsche Cayenne, and MY 2020-2021 Porsche Taycan motor
vehicles do not fully comply with the requirements of paragraph
S5.5.5(d)(5) of FMVSS No. 135, Light Vehicle Brake Systems (49 CFR
571.135). Porsche filed a noncompliance report dated March 10, 2021,
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility
and Reports. Porsche subsequently petitioned NHTSA on April 1, 2021,
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 80,666 of the following MY 2017-2021 Porsche motor
vehicles manufactured between October 23, 2016, and February 9, 2021,
are potentially involved:
MY 2017-2021 Panamera 4
MY 2017-2021 Panamera
MY 2017-2021 Panamera 4 S
MY 2017-2020 Panamera Turbo
MY 2017-2020 Panamera 4 S Executive
MY 2017-2020 Panamera Turbo Executive
MY 2018-2021 Panamera 4 Hybrid
MY 2018-2020 Panamera Turbo S Hybrid
MY 2018-2021 Panamera 4 Executive
MY 2018-2020 Panamera 4 Hybrid Executive
MY 2018-2020 Panamera Turbo S Hybrid Executive
MY 2018-2020 Panamera 4 Sport Turismo
MY 2018-2020 Panamera 4 S Sport Turismo
MY 2018-2020 Panamera 4 Hybrid Sport Turismo
MY 2018-2020 Panamera Turbo Sport Turismo
MY 2018-2020 Panamera Turbo S Hybrid Sport Turismo
MY 2019-2021 Panamera GTS
MY 2020 Panamera GTS Sport Turismo
MY 2019-2021 Cayenne
MY 2019-2021 Cayenne S
MY 2019-2021 Cayenne Hybrid
MY 2019-2021 Cayenne Turbo
MY 2020 Panamera 10 Year Special Model
MY 2020 Panamera 4 10 Year Special Model
MY 2020-2021 Taycan 4S
MY 2020 Taycan Top S
MY 2020 Taycan Top
MY 2020 Panamera 4 Hybrid 10 Year Special Model
MY 2020 Cayenne Turbo S Hybrid
MY 2020-2021 Cayenne Coupe
MY 2020-2021 Cayenne S Coupe
[[Page 45818]]
MY 2020-2021 Cayenne Hybrid Coupe
MY 2020-2021 Cayenne Turbo Coupe
MY 2020 Cayenne Turbo S Hybrid Coupe
MY 2021 Taycan
MY 2021 Taycan Turbo S
MY 2021 Taycan Turbo
MY 2021 Panamera Turbo S
MY 2021 Panamera 4S Hybrid
MY 2021 Cayenne GTS
MY 2021 Cayenne GTS Coupe
III. Noncompliance
Porsche explains that the noncompliance is that the subject
vehicles are equipped with brake wear indicators that do not meet the
minimum lettering height requirements, as specified in paragraph
S5.5.5(d)(5) of FMVSS No. 135. Specifically, the lettering height for
the brake wear indicators range in height from 1.7 mm to 2.2 mm, when
the required minimum height is 3.2 mm.
IV. Rule Requirements
Paragraph S5.5.5(d)(5) of FMVSS No. 135 includes the requirements
relevant to this petition. Each visual indicator shall display a word
or words in accordance with the requirements of FMVSS No. 101 (49 CFR
571.101) and FMVSS No. 135, 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 (\1/8\
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 FMVSS No. 101 and FMVSS No. 135 may be provided for
purposes of clarity. If a separate indicator is provided to indicate
brake lining wear-out as specified in S5.5.1(d), the words ``Brake
Wear'' shall be used.
V. Summary of Porsche's Petition
The following views and arguments presented in this section, ``V.
Summary of Porsche's Petition,'' are the views and arguments provided
by Porsche. They have not been evaluated by the Agency and do not
reflect the views of the Agency. Porsche describes the subject
noncompliance and contends that the noncompliance is inconsequential as
it relates to motor vehicle safety.
In support of its petition, Porsche submitted the following
reasoning:
1. Multi-Function Display: In addition to the brake wear indicator
required by FMVSS No. 135, the Porsche vehicles also have a multi-
functional display that provides brake wear information. Information
about brake wear is provided in this display, which is readily visible
to drivers, on the subject vehicles. Although the brake wear message
can be confirmed and then suppressed by the vehicle operator at the
next ignition cycle, doing so would necessarily require the operator to
read and understand the message. Therefore, it can be assured that the
need to check the vehicle's brake lining wear has been received. The
brake wear message is presented in a display that expresses the need to
change the brake pads, with continued driving possible/permitted.
2. Conspicuous, Accurate Information: The brake wear warning symbol
is the correct color as required by paragraph S5.5.5 of FMVSS No. 135.
The warning symbol lettering is red, and the lettering and background
are of contrasting colors. This makes the symbol conspicuous to the
driver, as does its readily visible position immediately adjacent to
fuel, temperature, and other critical vehicle data displays. The
information provided by the brake wear symbol is also correct; the
brake lining wear detection ability of the vehicle is entirely
functional and completely unaffected by the lettering size issue.
3. Uniform Height: All letters in the brake wear warning indicator
are capitalized, so the height is preserved across the width of the
words ``brake'' and ``wear,'' making the words are more easily seen and
read.
4. Owner's Manual: Information about the brake wear warning symbol
is displayed in the owner's manual, which ensures that vehicle owners
understand the symbol despite the smaller size of the lettering. For
instance, the Panamera owner's manual explains the symbol and notifies
the vehicle owner to have the brake pads replaced immediately.
5. Labeling: This type of labeling noncompliance is precisely the
type that NHTSA generally finds more appropriate for a determination of
inconsequentiality. See, Porsche Cars North America, Inc., Grant of
Petition for Decision of Inconsequential Noncompliance, 85 FR 62365,
62366 (Oct. 2, 2020), where NHTSA states ``We note that the
noncompliance at issue concerns a failure to meet a performance
requirement. The burden of establishing the inconsequentiality of a
failure to comply with a performance requirement in a standard--as
opposed to a labeling requirement--is more substantial and difficult to
meet. Accordingly, the Agency has not found many such noncompliances
inconsequential.'' (Emphasis in original).
6. Issue Corrected: The noncompliance issue has been corrected in
production vehicles and all vehicles currently being produced meet
applicable lettering height requirements.
7. NHTSA Precedent: Finally, and most significantly, NHTSA
precedent supports granting this petition. The described noncompliance
is very similar to others that NHTSA has found to be inconsequential to
motor vehicle safety. See 81 FR 92964 (Dec. 20, 2016) (grant of
inconsequentiality petition to General Motors for parking brake
indicator labeling below the required size, where corresponding driver
information was provided in the instrument cluster); 67 FR 72026 (Dec.
3, 2002) (grant of inconsequentiality petition to Mercedes-Benz, U.S.A,
Inc., where some letters in brake indicator warning were smaller than
the required size, but additional messaging was provided in a message
center).
Porsche concludes 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. 2021-17476 Filed 8-13-21; 8:45 am]
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