Porsche Cars North America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance, 49476-49478 [2017-23208]
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49476
Federal Register / Vol. 82, No. 205 / Wednesday, October 25, 2017 / Notices
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noncompliance, as required by 49
U.S.C. 30120, should be granted.
To view Harley-Davidson’s petition
analyses in its entirety you can visit
https://www.regulations.gov by
following the online instructions for
accessing the dockets and by using the
docket ID number for this petition
shown in the heading of this notice.
NHTSA Decision
NHTSA Analysis: NHTSA has
evaluated the merits of Harley
Davidson’s inconsequential
noncompliance petition and has
determined that this particular
noncompliance is inconsequential to
motor vehicle safety. Specifically, the 49
C.F.R Part 567 label containing the
FMVSS No. 120 S5.3 rim information
incorrectly identifies the rear-wheel rim
size as 18 X 4.50 instead of 18 X 4.25.
NHTSA has concluded that the
mislabeling noncompliance does not
affect motor vehicle safety because the
18 X 4.50 rim size identified on the
certification label is compatible with
both the tire fitted to the vehicle and to
the tire specified on the label (which are
the same in this case). Also, the
intended rim and tire sizing
combination is available and accessible
from multiple sources and locations.
The 2016 Tire and Rim Association
guide for rim contours for motorcycle
tires, indicates that both the 4.25-inch
and the 4.50-inch rim widths are
approved rim contours for the tire size
(150/70R18), which is the size specified
on the certification label and the size of
the tires fitted to the vehicle. Therefore,
use of either rim size is acceptable for
the tire indicated and tire/rim mismatch
should not occur.
If the rim size listed on the
certification label is not used to
determine tire and rim combination
when either is being replaced, there are
numerous other sources and locations of
that information available to the
consumer and service technician. These
sources include: (1) The correct wheel
size imprinted on the wheel, (2) correct
wheel size shown in the original
equipment and recommended
replacement tires table in the HarleyDavidson Genuine Motor Parts and
Accessories Catalog, (3) the correct tire
size listed in the Owner’s Manual, and
(4) the correct tire size listed on the
sidewall of the tire originally installed
on the wheel rim. In particular, we agree
with Harley-Davidson’s assertion that
source number ‘‘4’’ is the most likely
place for consumers to look when
replacing tires and rims to verify tire
size.
NHTSA’S Decision: In consideration
of the foregoing, NHTSA finds that
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Harley-Davidson has met its burden of
persuasion that the FMVSS No. 120
noncompliance is inconsequential as it
relates to motor vehicle safety.
Accordingly, Harley-Davidson’s petition
is hereby granted and Harley-Davidson
Motor Company, Inc. is consequently
exempted from the obligation to provide
notification of, and remedy for, the
subject noncompliance in the affected
vehicles under 49. U.S.C. 30118 and
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, this
decision only applies to the subject
motorcycles that Harley-Davidson no
longer controlled at the time it
determined that the noncompliance
existed. However, on the granting of 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 Harley-Davidson 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. 2017–23209 Filed 10–24–17; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2017–0023; Notice 2]
Porsche Cars North America, Inc.,
Grant of Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition.
AGENCY:
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
SUMMARY:
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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.
ADDRESSES: For further information on
this decision contact Stu Seigel, Office
of Vehicle Safety Compliance, the
National Highway Traffic Safety
Administration (NHTSA), telephone
(202) 366–5287, facsimile (202) 366–
3081.
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
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.
Notice of receipt of the petition was
published with a 30-day public
comment period, on April 11, 2017, in
the Federal Register (82 FR 17507). No
comments were received. To view the
petition and all supporting documents
log onto the Federal Docket
Management System (FDMS) Web site
at: https://www.regulations.gov/. Then
follow the online search instructions to
locate docket number ‘‘NHTSA–2017–
0023.’’
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
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Federal Register / Vol. 82, No. 205 / Wednesday, October 25, 2017 / Notices
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:
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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
(one-eighth 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 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
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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’S Decision
NHTSA’s Analysis: NHTSA has
reviewed PCNA’s analyses that the
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49477
subject noncompliances are
inconsequential to motor vehicle safety.
Specifically, the use of an ISO telltale
indicating both low fluid and parking
brake actuation instead of the word
‘‘BRAKE,’’ as required by paragraph
S5.5.5(b) of FMVSS No. 135 and
paragraph S5.2.1 of FMVSS No. 101,
and an ISO symbol for the ABS telltale,
instead of the words ‘‘Antilock’’ or Antilock’’ or ‘‘ABS’’ as required by
paragraph S5.5.5(d)(3) of FMVSS No.
135 and paragraph S5.2.1 of FMVSS No.
101, poses little if any risk to motor
vehicle safety. As discussed below,
NHTSA believes that the inadvertent
use of the ISO symbols for these specific
vehicles is inconsequential primarily
because multiple sources of information
are simultaneously activated to properly
warn the driver of the conditions, and
because drivers have, over time, become
increasingly familiar with ISO symbol
meaning as many ISO symbols have
been used on U.S.-certified vehicles in
conjunction with the required text.
1. Per paragraph S5.5.2 of FMVSS No.
135, all indicators are activated as a
check function when the ignition (start)
switch is turned to the ‘‘on’’ (‘‘run’’)
position when the engine is not running
or when the ignition (start) switch is in
a positon between ‘‘on’’ (‘‘run’’) and
‘‘start.’’ As such, each time the driver
activates the starting system on these
affected vehicles, the ISO brake warning
symbol and the ISO ABS Malfunction
symbol will illuminate. If the driver is
not familiar with the ISO symbol
meaning, the owner’s manual can be
referenced, which will explain the
relationship between the symbol and its
function. NHTSA also believes that as
some vehicles have, over time,
incorporated both the required telltale
labeling with adjacent supplementary
ISO symbols, the ISO symbols have
evolved to become increasingly
recognizable and understandable to
drivers. NHTSA further believes drivers
recognize that a telltale illuminated in
red or amber, as is the case here, even
if unlabeled, represents a malfunction
which needs to be remedied.
2. PCNA uses an allowed common
indicator for the condition of low brake
fluid and activation of the parking
brake. The symbol is red with a
contrasting background color as
required in the standard. In a low-brakefluid situation, in addition to the ISO
symbol illumination, the operator is
provided multiple sources of
information of the existence of a
problem. A multifunction display will
display a warning message that is clear
and definitive stating ‘‘Brake fluid level.
Park vehicle safely’’. In the affected
vehicles, the malfunction display is
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contained in the instrument panel in
plain view of the driver. In addition, an
initial warning chime will sound. The
message will be continuously displayed
unless another serious condition is
displayed in which case the messages
would be alternating. Low fluid is
redisplayed on subsequent ignition
cycles.
The combination of the red brake ISO
symbol, a detailed message on the
instrument cluster for low fluid, and a
warning chime provides the operator
ample notification of a brake condition
requiring action.
3. The parking brake on the subject
vehicles is electronically activated by
pushing a button labelled ‘‘P’’, which is
located on the left side of the steering
wheel. When the parking brake is
engaged, the dual-function common ISO
symbol will illuminate in red with
additional visual feedback to the
operator from illumination of a red
indicator light located in the button. If
the operator proceeds with the parking
brake engaged, the brake will release
automatically if (1) the engine is
running, (2) the driver’s door is closed,
and (3) the driver’s seat belt is fastened.
These conditions are met most of the
time, so the likelihood of driving with
the parking brake engaged is limited.
However, if one these three prerequisite
conditions is not fulfilled, the electric
parking brake will not automatically
release when the operator attempts to
drive off. Under this circumstance, the
red ISO symbol will flash, which makes
it highly noticeable to the driver, the red
parking brake button will remain
illuminated, and a message will appear
on the multifunction display. These
three redundant visual indicators to the
operator provide ample feedback that
the parking brake remains activated.
The agency also believes that the
operator in many cases would be aware
of an activated parking brake due to
reduced vehicle drivability from brake
drag.
4. When an ABS malfunction occurs,
the amber ISO symbol with the word
‘‘ABS’’ embedded in it illuminates.
Although this is the correct telltale word
as specified in the standard, the
lettering height is less than the required
3.2mm. There are two additional
redundancies that provide notification
to the operator of an ABS situation: The
statement ‘‘ABS/PSM failure. Drive with
caution’’ is displayed on the
multifunction instrument cluster and an
initial warning chime will sound. An
operator is very unlikely to overlook
these three separate notifications, and
remedial action can be taken.
5. Lastly, the presence of ISO symbols
instead of wording on the instrument
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panel has no effect on the functionality
and performance of the parking brake
system, the service brake system, and
the ABS system.
NHTSA believes that the subject
noncompliances on these specific
vehicles—use of the ISO symbol for low
brake fluid and parking brake actuation
and ABS malfunction instead of the
required words—are inconsequential to
motor vehicle safety, primarily because
illumination of each ISO symbol is
accompanied by multiple redundant
operator notifications including
messages on an instrument cluster
display and audible chimes. The
manufacturer has stated and we agree,
that the ISO symbol usage for these
specific vehicles is unlikely to lead to
any misunderstanding since other
sources of correct information beyond
the provided telltales are available.
NHTSA’s Decision: In consideration
of the foregoing, NHTSA finds that
PCNA has met its burden of persuasion
that the FMVSS Nos. 101 and 135
noncompliances are inconsequential as
they relate to motor vehicle safety.
Accordingly, PCNA’s petition is hereby
granted and PCNA is consequently
exempted from the obligation to provide
notification of, and a remedy for, the
subject noncompliance under 49 U.S.C.
30118 and 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, this
decision only applies to the subject
vehicles that PCNA no longer controlled
at the time it determined that the
noncompliance existed. However, the
granting of this petition does not relieve
vehicle distributors and dealers of the
prohibitions on the sale, offer for sale,
or introduction or delivery 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. 2017–23208 Filed 10–24–17; 8:45 am]
BILLING CODE 4910–59–P
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
[Docket No. DOT–OST–2016–0053]
Establishment of Interim National
Multimodal Freight Network
Office of the Secretary of
Transportation (OST), Federal Aviation
Administration (FAA), Federal Highway
Administration (FHWA), Federal
Railroad Administration (FRA),
Maritime Administration (MARAD),
Saint Lawrence Seaway Development
Corporation (SLSDC), and U.S.
Department of Transportation (DOT).
ACTION: Notice of reopening of comment
period and extension of deadline.
AGENCY:
DOT is extending the
deadline and comment period for
materials related to the Interim National
Multimodal Freight Network (Interim
NMFN), as established in a notice
published on June 6, 2016 at 81 FR
36381. The original notice asked for
comments by September 6, 2016. The
reopening and extension of the
comment period is based on input
received from DOT stakeholders that the
September 6, 2016 closing date did not
provide sufficient time for submission
of comments to the Department, as well
as an analysis that some comments
submitted by States did not include the
required statutory certification. DOT
agrees that the comment period should
be reopened and extended. Therefore,
the comment period on the
establishment of the Interim NMFN is
reopened.
SUMMARY:
Comments must be received on
or before February 22, 2018 to receive
consideration by DOT with respect to
the final designation of the NMFN. Latefiled comments received after this date
will be considered to the fullest extent
practicable. Comments may be
submitted by all interested stakeholders.
ADDRESSES: To ensure that you do not
duplicate your docket submissions,
please submit them by only one of the
following means:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
the online instructions for submitting
comments.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Ave. SE., W12–140,
Washington, DC 20590–0001.
• Hand Delivery: West Building
Ground Floor, Room W12–140, 1200
New Jersey Ave. SE., between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The telephone
number is (202) 366–9329.
DATES:
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]]>Agencies
[Federal Register Volume 82, Number 205 (Wednesday, October 25, 2017)]
[Notices]
[Pages 49476-49478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23208]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2017-0023; 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.
-----------------------------------------------------------------------
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.
ADDRESSES: For further information on this decision contact Stu Seigel,
Office of Vehicle Safety Compliance, the National Highway Traffic
Safety Administration (NHTSA), telephone (202) 366-5287, facsimile
(202) 366-3081.
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 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.
Notice of receipt of the petition was published with a 30-day
public comment period, on April 11, 2017, in the Federal Register (82
FR 17507). No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System
(FDMS) Web site at: https://www.regulations.gov/. Then follow the
online search instructions to locate docket number ``NHTSA-2017-0023.''
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
[[Page 49477]]
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 (one-eighth 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 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'S Decision
NHTSA's Analysis: NHTSA has reviewed PCNA's analyses that the
subject noncompliances are inconsequential to motor vehicle safety.
Specifically, the use of an ISO telltale indicating both low fluid and
parking brake actuation instead of the word ``BRAKE,'' as required by
paragraph S5.5.5(b) of FMVSS No. 135 and paragraph S5.2.1 of FMVSS No.
101, and an ISO symbol for the ABS telltale, instead of the words
``Antilock'' or Anti-lock'' or ``ABS'' as required by paragraph
S5.5.5(d)(3) of FMVSS No. 135 and paragraph S5.2.1 of FMVSS No. 101,
poses little if any risk to motor vehicle safety. As discussed below,
NHTSA believes that the inadvertent use of the ISO symbols for these
specific vehicles is inconsequential primarily because multiple sources
of information are simultaneously activated to properly warn the driver
of the conditions, and because drivers have, over time, become
increasingly familiar with ISO symbol meaning as many ISO symbols have
been used on U.S.-certified vehicles in conjunction with the required
text.
1. Per paragraph S5.5.2 of FMVSS No. 135, all indicators are
activated as a check function when the ignition (start) switch is
turned to the ``on'' (``run'') position when the engine is not running
or when the ignition (start) switch is in a positon between ``on''
(``run'') and ``start.'' As such, each time the driver activates the
starting system on these affected vehicles, the ISO brake warning
symbol and the ISO ABS Malfunction symbol will illuminate. If the
driver is not familiar with the ISO symbol meaning, the owner's manual
can be referenced, which will explain the relationship between the
symbol and its function. NHTSA also believes that as some vehicles
have, over time, incorporated both the required telltale labeling with
adjacent supplementary ISO symbols, the ISO symbols have evolved to
become increasingly recognizable and understandable to drivers. NHTSA
further believes drivers recognize that a telltale illuminated in red
or amber, as is the case here, even if unlabeled, represents a
malfunction which needs to be remedied.
2. PCNA uses an allowed common indicator for the condition of low
brake fluid and activation of the parking brake. The symbol is red with
a contrasting background color as required in the standard. In a low-
brake-fluid situation, in addition to the ISO symbol illumination, the
operator is provided multiple sources of information of the existence
of a problem. A multifunction display will display a warning message
that is clear and definitive stating ``Brake fluid level. Park vehicle
safely''. In the affected vehicles, the malfunction display is
[[Page 49478]]
contained in the instrument panel in plain view of the driver. In
addition, an initial warning chime will sound. The message will be
continuously displayed unless another serious condition is displayed in
which case the messages would be alternating. Low fluid is redisplayed
on subsequent ignition cycles.
The combination of the red brake ISO symbol, a detailed message on
the instrument cluster for low fluid, and a warning chime provides the
operator ample notification of a brake condition requiring action.
3. The parking brake on the subject vehicles is electronically
activated by pushing a button labelled ``P'', which is located on the
left side of the steering wheel. When the parking brake is engaged, the
dual-function common ISO symbol will illuminate in red with additional
visual feedback to the operator from illumination of a red indicator
light located in the button. If the operator proceeds with the parking
brake engaged, the brake will release automatically if (1) the engine
is running, (2) the driver's door is closed, and (3) the driver's seat
belt is fastened. These conditions are met most of the time, so the
likelihood of driving with the parking brake engaged is limited.
However, if one these three prerequisite conditions is not fulfilled,
the electric parking brake will not automatically release when the
operator attempts to drive off. Under this circumstance, the red ISO
symbol will flash, which makes it highly noticeable to the driver, the
red parking brake button will remain illuminated, and a message will
appear on the multifunction display. These three redundant visual
indicators to the operator provide ample feedback that the parking
brake remains activated. The agency also believes that the operator in
many cases would be aware of an activated parking brake due to reduced
vehicle drivability from brake drag.
4. When an ABS malfunction occurs, the amber ISO symbol with the
word ``ABS'' embedded in it illuminates. Although this is the correct
telltale word as specified in the standard, the lettering height is
less than the required 3.2mm. There are two additional redundancies
that provide notification to the operator of an ABS situation: The
statement ``ABS/PSM failure. Drive with caution'' is displayed on the
multifunction instrument cluster and an initial warning chime will
sound. An operator is very unlikely to overlook these three separate
notifications, and remedial action can be taken.
5. Lastly, the presence of ISO symbols instead of wording on the
instrument panel has no effect on the functionality and performance of
the parking brake system, the service brake system, and the ABS system.
NHTSA believes that the subject noncompliances on these specific
vehicles--use of the ISO symbol for low brake fluid and parking brake
actuation and ABS malfunction instead of the required words--are
inconsequential to motor vehicle safety, primarily because illumination
of each ISO symbol is accompanied by multiple redundant operator
notifications including messages on an instrument cluster display and
audible chimes. The manufacturer has stated and we agree, that the ISO
symbol usage for these specific vehicles is unlikely to lead to any
misunderstanding since other sources of correct information beyond the
provided telltales are available.
NHTSA's Decision: In consideration of the foregoing, NHTSA finds
that PCNA has met its burden of persuasion that the FMVSS Nos. 101 and
135 noncompliances are inconsequential as they relate to motor vehicle
safety. Accordingly, PCNA's petition is hereby granted and PCNA is
consequently exempted from the obligation to provide notification of,
and a remedy for, the subject noncompliance under 49 U.S.C. 30118 and
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, this decision
only applies to the subject vehicles that PCNA no longer controlled at
the time it determined that the noncompliance existed. However, the
granting of this petition does not relieve vehicle distributors and
dealers of the prohibitions on the sale, offer for sale, or
introduction or delivery 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. 2017-23208 Filed 10-24-17; 8:45 am]
BILLING CODE 4910-59-P
