Porsche Cars North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 17507-17508 [2017-07165]

Agencies

• National Highway Traffic Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 82, Number 68 (Tuesday, April 11, 2017)]
[Notices]
[Pages 17507-17508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07165]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2017-0023; 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. (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.

DATES: The closing date for comments on the petition is May 11, 2017.

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 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 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 
Federal Holidays.
     Electronically: Submit comments electronically by logging 
onto the Federal Docket Management System (FDMS) Web site 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 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 also 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.
    This notice of receipt of PCNA'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 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 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 (1/8 inch) high and the letters and

[[Page 17508]]

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 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 PCNA 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 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. 2017-07165 Filed 4-10-17; 8:45 am]
BILLING CODE 4910-59-P