82 FR 17507 - Porsche Cars North America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 82, Issue 68 (April 11, 2017)
National Highway Traffic Safety Administration
Federal Register Volume 82, Issue 68 (April 11, 2017)
| Page Range | 17507-17508 | |
| FR Document | 2017-07165 |
[Federal Register Volume 82, Number 68 (Tuesday, April 11, 2017)] [Notices] [Pages 17507-17508] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-07165] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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
![Federal Register / Vol. 82, No. 68 / Tuesday, April 11, 2017 / Notices 17507
www.regulations.gov, as described in W12–140, 1200 New Jersey Avenue SE., (MY) 2017 Porsche 911 Turbo and
the system of records notice, DOT/ALL– Washington, DC 20590. Porsche 911 Turbo Cabriolet motor
14 FDMS, accessible through • Hand Delivery: Deliver comments vehicles do not fully comply with
www.dot.gov/privacy. In order to by hand to U.S. Department of paragraph S5.2.1 of FMVSS No. 101,
facilitate comment tracking and Transportation, Docket Operations, M– Controls and Displays, and paragraph
response, we encourage commenters to 30, West Building Ground Floor, Room S5.5.5 of FMVSS No. 135, Light Vehicle
provide their name, or the name of their W12–140, 1200 New Jersey Avenue SE., Brake Systems. PCNA filed a
organization; however, submission of Washington, DC 20590. The Docket noncompliance report dated March 16,
names is completely optional. Whether Section is open on weekdays from 10 2017, pursuant to 49 CFR part 573,
or not commenters identify themselves, a.m. to 5 p.m. except Federal Holidays. Defect and Noncompliance
all timely comments will be fully • Electronically: Submit comments Responsibility and Reports. PCNA also
considered. If you wish to provide electronically by logging onto the petitioned NHTSA on March 17, 2017,
comments containing proprietary or Federal Docket Management System pursuant to 49 U.S.C. 30118(d) and
confidential information, please contact (FDMS) Web site at https:// 30120(h) and 49 CFR part 556, for an
the agency for alternate submission www.regulations.gov/. Follow the online exemption from the notification and
instructions. instructions for submitting comments. remedy requirements of 49 U.S.C.
By Order of the Maritime Administrator. • Comments may also be faxed to Chapter 301 on the basis that this
Dated: April 4, 2017.
(202) 493–2251. noncompliance is inconsequential as it
Comments must be written in the relates to motor vehicle safety.
T. Mitchell Hudson, Jr.,
English language, and be no greater than This notice of receipt of PCNA’s
Secretary, Maritime Administration. 15 pages in length, although there is no petition is published under 49 U.S.C.
[FR Doc. 2017–07221 Filed 4–10–17; 8:45 am] limit to the length of necessary 30118 and 30120 and does not represent
BILLING CODE 4910–81–P attachments to the comments. If any agency decision or other exercise of
comments are submitted in hard copy judgment concerning the merits of the
form, please ensure that two copies are petition.
DEPARTMENT OF TRANSPORTATION provided. If you wish to receive II. Vehicles Involved: Approximately
confirmation that comments you have 17 MY 2017 Porsche 911 Turbo and
National Highway Traffic Safety Porsche 911 Turbo Cabriolet motor
Administration submitted by mail were received, please
enclose a stamped, self-addressed vehicles, manufactured between May
[Docket No. NHTSA–2017–0023; Notice 1] postcard with the comments. Note that 31, 2016, and January 11, 2017, are
all comments received will be posted potentially involved.
Porsche Cars North America, Inc., without change to https:// III. Noncompliance: PCNA explains
Receipt of Petition for Decision of www.regulations.gov, including any that the noncompliance is that the
Inconsequential Noncompliance personal information provided. telltales used for Brake Warning, Park
AGENCY: National Highway Traffic All comments and supporting Brake Warning and Antilock Braking
Safety Administration (NHTSA), materials received before the close of System (ABS) failure warnings are
Department of Transportation (DOT). business on the closing date indicated displayed using International
above will be filed in the docket and Organization for Standardization (ISO)
ACTION: Receipt of petition.
will be considered. All comments and symbols instead of the words ‘‘Brake’’
SUMMARY: Porsche Cars North America, supporting materials received after the and ‘‘ABS’’ as required by paragraph
Inc. (PCNA), on behalf of Dr. Ing. h.c.F. closing date will also be filed and will S5.2.1 of FMVSS No. 101 and paragraph
Porsche AG (PAG), has determined that be considered to the fullest extent S5.5.5 of FMVSS No. 135.
certain model year (MY) 2017 Porsche possible. IV. Rule Text: Paragraph S5.2.1 of
911 Turbo and Porsche 911 Turbo When the petition is granted or FMVSS No. 101 requires in pertinent
Cabriolet motor vehicles do not fully denied, notice of the decision will also part:
comply with Federal Motor Vehicle be published in the Federal Register S5.2.1 Except for the Low Tire Pressure
Safety Standard (FMVSS) No. 101, pursuant to the authority indicated at Telltale, each control, telltale and indicator
Controls and Displays, and FMVSS No. the end of this notice. that is listed in column 1 of Table 1 or Table
135, Light Vehicle Brake Systems. PCNA All comments, background 2 must be identified by the symbol specified
for it in column 2 or the word or abbreviation
filed a noncompliance report dated documentation, and supporting specified for it in column 3 of Table 1 or
March 16, 2017. PCNA also petitioned materials submitted to the docket may Table 2. If a symbol is used, each symbol
NHTSA on March 17, 2017, for a be viewed by anyone at the address and provided pursuant to this paragraph must be
decision that the subject noncompliance times given above. The documents may substantially similar in form to the symbol as
is inconsequential as it relates to motor also be viewed on the Internet at https:// it appears in Table 1 or Table 2. If a symbol
vehicle safety. www.regulations.gov by following the is used, each symbol provided pursuant to
online instructions for accessing the this paragraph must have the proportional
DATES: The closing date for comments
dimensional characteristics of the symbol as
on the petition is May 11, 2017. dockets. The docket ID number for this
it appears in Table 1 or Table 2 . . .
ADDRESSES: Interested persons are petition is shown in the heading of this
notice. Paragraphs S5.5.5 of FMVSS No. 135
invited to submit written data, views,
DOT’s complete Privacy Act requires in pertinent part:
and arguments on this petition.
Comments must refer to the docket and Statement is available for review in a S5.5.5. Labeling. (a) Each visual indicator
srobinson on DSK5SPTVN1PROD with NOTICES
notice number cited in the title of this Federal Register notice published on shall display a word or words in accordance
April 11, 2000, (65 FR 19477–78). with the requirements of Standard No. 101
notice and submitted by any of the
(49 CFR 571.101) and this section, which
following methods: SUPPLEMENTARY INFORMATION:
shall be legible to the driver under all
• Mail: Send comments by mail I. Overview: Porsche Cars North daytime and nighttime conditions when
addressed to U.S. Department of America, Inc. (PCNA), on behalf of Dr. activated. Unless otherwise specified, the
Transportation, Docket Operations, M– Ing. h.c.F. Porsche AG (PAG), has words shall have letters not less than 3.2 mm
30, West Building Ground Floor, Room determined that certain model year (1/8 inch) high and the letters and
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![17508 Federal Register / Vol. 82, No. 68 / Tuesday, April 11, 2017 / Notices
background shall be of contrasting colors, 1. Engine is running; DEPARTMENT OF TRANSPORTATION
one of which is red. Words or symbols in 2. Driver’s door is closed;
addition to those required by Standard No. 3. Driver’s seat belt is fastened. National Highway Traffic Safety
101 and this section may be provided for If one of these prerequisites is not fulfilled, Administration
purposes of clarity. the electric parking brake is not
(b) Vehicles manufactured with a split [Docket No. NHTSA–2015–0023; Notice 1]
automatically released when the operator
service brake system may use a common
brake warning indicator to indicate two or attempts to drive off. A message appears on Notice of Receipt of Petition for
more of the functions described in S5.5.1(a) the multifunction display, and the red light Decision That Nonconforming Model
through S5.5.1(g). If a common indicator is indicator in the button as well as the ISO
Year 2010 Chevrolet Camaro
used, it shall display the word ‘‘Brake .’’. . . symbol for the brake will flash.
Passenger Cars (PC) Are Eligible for
(d) If separate indicators are used for one (e) In all cases the ISO symbols for the
or more of the conditions described in
Importation
brake and ABS telltale illuminate and remain
S5.5.1(a) through S5.5.1(g), the indicators illuminated in accordance with the AGENCY: National Highway Traffic
shall display the following wording: . . . requirements of FMVSS No. 135. Safety Administration (NHTSA),
(3) If a separate indicator is provided for (f) Porsche is unaware of any field or
the condition specified in S5.5.1(b), the
Department of Transportation (DOT).
owner complaints regarding the issue of non- ACTION: Receipt of petition.
letters and background shall be of contrasting
colors, one of which is yellow. The indicator compliant telltales.
shall be labeled with the words ‘‘Antilock’’ SUMMARY: This document announces
or ‘‘Anti-lock’’ or ‘‘ABS’’; or ‘‘Brake PCNA concluded by expressing the receipt by the National Highway Traffic
Proportioning,’’ in accordance with Table 2 belief that the subject noncompliance is Safety Administration (NHTSA) of a
of Standard No. 101 . . . inconsequential as it relates to motor petition for a decision that model year
V. Summary of PCNA’s Petition: vehicle safety, and that its petition to be (MY) 2010 Chevrolet Camaro Passenger
PCNA described the subject exempted from providing notification of Cars (PC) that were not originally
noncompliance and stated its belief that the noncompliance, as required by 49 manufactured to comply with all
the noncompliance is inconsequential U.S.C. 30118, and a remedy for the applicable Federal motor vehicle safety
as it relates to motor vehicle safety. noncompliance, as required by 49 standards (FMVSS), are eligible for
In support of its petition, PCNA U.S.C. 30120, should be granted. importation into the United States
submitted the following reasoning: NHTSA notes that the statutory because they are substantially similar to
(a) The Owner’s Manual for the subject provisions (49 U.S.C. 30118(d) and vehicles that were originally
vehicles is written for multiple markets and 30120(h)) that permit manufacturers to manufactured for sale in the United
depicts both the ‘‘BRAKE’’ and ISO symbols file petitions for a determination of States and that were certified by their
telltales for brake warning, as well as the manufacturer as complying with the
inconsequentiality allow NHTSA to
‘‘ABS’’ and ISO symbol telltales for ABS safety standards (the U.S.-certified
lamp. exempt manufacturers only from the
version of the 2010 Chevrolet Camaro
(b) The ISO symbol for ABS lamp also duties found in sections 30118 and
PC) and they are capable of being
contains the word ‘‘ABS’’, which is 30120, respectively, to notify owners, readily altered to conform to the
additionally embedded in a circle with two purchasers, and dealers of a defect or
vertical lines. In case of an illumination of standards.
noncompliance and to remedy the
the ISO symbol, the malfunction display, DATES: The closing date for comments
located in the instrument cluster, will
defect or noncompliance. Therefore, any
decision on this petition only applies to on the petition is May 11, 2017.
display an additional warning message that
states ‘‘ABS/PSM failure. Drive with caution’’ the subject vehicles that PCNA no ADDRESSES: Interested persons are
and an initial warning chime will sound. longer controlled at the time it invited to submit written data, views,
Porsche believes that in the event the ISO determined that the noncompliance and arguments on this petition.
ABS telltale is displayed, the driver would existed. However, any decision on this Comments must refer to the docket and
recognize a possible ABS malfunction. notice number cited in the title of this
(c) In the event the brake fluid level in the
petition does not relieve vehicle
distributors and dealers of the notice and be submitted by any of the
master cylinder reservoir is less than the following methods:
recommended safe level, the ISO symbol will prohibitions on the sale, offer for sale,
• Mail: Send comments by mail
illuminate, and the multifunction display or introduction or delivery for
will display a warning message that states addressed to U.S. Department of
introduction into interstate commerce of
‘‘Brake fluid level. Park vehicle safely’’ and Transportation, Docket Operations, M–
the noncompliant vehicles under their 30, West Building Ground Floor, Room
an initial warning chime will sound. The
message will stay continuously displayed,
control after PCNA notified them that W12–140, 1200 New Jersey Avenue SE.,
provided there are no other serious the subject noncompliance existed. Washington, DC 20590.
message(s), which would result in the Authority: (49 U.S.C. 30118, 30120: • Hand Delivery: Deliver comments
messages being displayed in an alternating delegations of authority at 49 CFR 1.95 and by hand to U.S. Department of
manner. If the brake fluid is still low on 501.8) Transportation, Docket Operations, M–
subsequent ignition key cycles the message
will be redisplayed in the message center. 30, West Building Ground Floor, Room
Jeffrey M. Giuseppe,
(d) The parking brake in the subject W12–140, 1200 New Jersey Avenue SE.,
Director, Office of Vehicle Safety Compliance. Washington, DC 20590. The Docket
vehicles are set by pushing a button labelled
‘‘P’’, which is located on the left hand side [FR Doc. 2017–07165 Filed 4–10–17; 8:45 am] Section is open on weekdays from 10
of the steering wheel. Once the parking brake BILLING CODE 4910–59–P a.m. to 5 p.m. except Federal Holidays.
is set, a red light indicator located in the • Electronically: Submit comments
srobinson on DSK5SPTVN1PROD with NOTICES
button will illuminate. Thus the application electronically by logging onto the
of the parking brake is in full view of the Federal Docket Management System
operator. When the parking brake is engaged
it illuminates the ISO symbol and should the (FDMS) Web site at https://
operator proceed with the parking brake www.regulations.gov/. Follow the online
engaged, the parking brake releases instructions for submitting comments.
automatically if the following prerequisites • Comments may also be faxed to
are fulfilled: (202) 493–2251.
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Document Created: 2017-04-11 00:48:26
Document Modified: 2017-04-11 00:48:26
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Receipt of petition. | |
| Dates | The closing date for comments on the petition is May 11, 2017. | |
| FR Citation | 82 FR 17507 |
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