Je veux savoir à propos de…

45818

Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Notices
MY 20202021 Cayenne Hybrid Coupe MY 20202021 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 S5.5.5d5 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 S5.5.5d5 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 18 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 S5.5.1d, the words Brake Wear shall be used.

lotter on DSK11XQN23PROD with NOTICES1

V. Summary of Porsches Petition The following views and arguments presented in this section, V. Summary of Porsches 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
VerDate Sep<11>2014

17:21 Aug 13, 2021

Jkt 253001

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 vehicles 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. Owners Manual: Information about the brake wear warning symbol is displayed in the owners manual, which ensures that vehicle owners understand the symbol despite the smaller size of the lettering. For instance, the Panamera owners 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 standardas opposed to a labeling requirementis 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
PO 00000

Frm 00117

Fmt 4703

Sfmt 9990

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 MercedesBenz, 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. 30118d and 30120h 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. 202117476 Filed 81321; 8:45 am BILLING CODE 491059P

E:FRFM16AUN1.SGM

16AUN1