[Federal Register Volume 86, Number 1 (Monday, January 4, 2021)]
[Notices]
[Pages 184-186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-29042]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2019-0048; 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.

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SUMMARY: Porsche Cars North America, Inc. (Porsche), has determined 
that certain model year (MY) 2008-2019 Porsche Cayenne and Macan motor 
vehicles do not comply with Federal motor vehicle safety standard 
(FMVSS) 110, Tire Selection and Rims and Motor Home/Recreation Vehicle 
Trailer Load Carrying Capacity Information for Motor Vehicles with a 
GVWR of 4,536 kilograms (10,000 pounds) or Less. Porsche filed a 
noncompliance report dated March 28, 2019, and subsequently petitioned 
NHTSA on April 20, 2019, for a decision that the subject noncompliance 
is inconsequential as it relates to motor vehicle safety. This notice 
announces the grant of Porsche's petition.

FOR FURTHER INFORMATION CONTACT: Kerrin Bressant, Office of Vehicle 
Safety Compliance, the National Highway Traffic Safety Administration 
(NHTSA), telephone (202) 366-1110, facsimile (202) 366-5930.

SUPPLEMENTARY INFORMATION: 

I. Overview

    Porsche has determined that certain MY 2008-2019 Porsche Cayenne 
and Macan motor vehicles do not fully comply with paragraphs S4.4.2(a) 
and S4.4.2(c) of FMVSS No. 110, Tire Selection and Rims and Motor Home/
Recreation Vehicle Trailer Load Carrying Capacity Information for Motor 
Vehicles with a GVWR of 4,536 kilograms (10,000 pounds) or Less (49 CFR 
571.110). Porsche filed a noncompliance report dated March 28, 2019, 
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility 
and Reports, and subsequently petitioned NHTSA on April 20, 2019, 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.
    Notice of receipt of Porsche's petition was published with a 30-day 
public comment period, on October 15, 2019, in the Federal Register (84 
FR 55219). One comment was received but lacked relevance to the subject 
petition. To view the petition and all supporting documents log onto 
the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Then follow the online search instructions to 
locate docket number ``NHTSA-2019-0048.''

II. Vehicles Involved

    Approximately 230,212 of the following MY 2008-2019 Porsche Cayenne 
and Macan motor vehicles, manufactured between June 1, 2007, and 
September 21, 2018, are potentially involved:

 MY 2008-2014 Porsche Cayenne;
 MY 2016-2019 Porsche Cayenne;
 MY 2017-2018 Porsche Cayenne ``Platinum Edition;''
 MY 2014 Porsche Cayenne Diesel ``Platinum Edition;''
 MY 2014 Porsche Cayenne ``Platinum Edition;''
 MY 2013-2016 Porsche Cayenne Diesel;
 MY 2019 Porsche Cayenne E-Hybrid;
 MY 2008-2010 Porsche Cayenne GTS;
 MY 2013-2014 Porsche Cayenne GTS;
 MY 2010 Porsche Cayenne GTS ``Porsche Design Edition 3;''
 MY 2008-2010 Porsche Cayenne GTS;
 MY 2016-2018 Porsche Cayenne GTS
 MY 2015-2018 Porsche Cayenne S E-Hybrid;
 MY 2011-2014 Porsche Cayenne S Hybrid;
 MY 2010 Porsche Cayenne S Transsyberia;
 MY 2008-2018 Porsche Cayenne S;
 MY 2017-2018 Porsche Cayenne S E-Hybrid ``Platinum Edition;''
 MY 2008-2019 Porsche Cayenne Turbo;
 MY 2009-2010 Porsche Cayenne Turbo S;
 MY 2016-2018 Porsche Cayenne Turbo S;
 MY 2014 Porsche Cayenne Turbo S;
 MY 2015-2018 Porsche Macan Turbo;
 MY 2017-2018 Porsche Macan;
 MY 2018 Porsche Macan ``Sport Edition;''
 MY 2017-2018 Porsche Macan GTS;
 MY 2015-2018 Porsche Macan S; and
 MY 2017-2018 Porsche Macan Turbo Plus Performance Package.

III. Noncompliance

    Porsche explains that the noncompliance is that the subject 
vehicles are equipped with rims that do not contain the required rim 
markings as specified in paragraph S4.4.2 of

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FMVSS No. 110. Specifically, the rims on the subject vehicles do not 
contain the designation symbol ``E'' as required by paragraph S4.4.2(a) 
of FMVSS No. 110 and the certification symbol ``DOT'' as required by 
paragraph S4.4.2(c) of FMVSS No. 110.

IV. Rule Requirements

    Paragraphs S4.4.2(a) and S4.4.2(c) of FMVSS 110, include the 
requirements relevant to this petition. In section S4.4.2(a), each rim 
or, at the option of the manufacturer in the case of a single-piece 
wheel, each wheel disc shall be marked with the designation that 
indicates the source of the rim's published nominal dimensions. 
Specifically, the noncompliant rims should have been marked with the 
letter ``E'' indicating the European Tire and Rim Technical 
Organization as the source of nominal dimensions. Section S4.4.2(c) 
requires each wheel disk to be marked with the symbol ``DOT,'' 
constituting a certification of compliance with all applicable FMVSS.

V. Summary of Porsche's Petition

    Porsche 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, Porsche submitted the following 
reasoning:
    1. With respect to FMVSS No. 110, paragraph S4.4.2(c), the DOT 
marking signifies that the manufacturer of the rim has certified that 
the rim complies with all applicable FMVSSs. Porsche asserts that 
because the DOT marking is a ``certification,'' it is a violation of 49 
U.S.C. 30115 (``Certification''), which does not require notification 
or remedy. Porsche asserts that this is consistent with NHTSA's prior 
decision on petitions for the same issue. (See Volvo Cars of North 
America, LLC, Grant of Petition for Decision of Inconsequential 
Noncompliance, 74 FR 69376, December 31, 2009).
    2. With respect to FMVSS No. 110, paragraph S4.4.2(a), Porsche 
believes that the omission of the designation symbol ``E'' will not 
prevent the proper matching of tires and rims because sufficient 
information about rim size is available from other markings on the rim 
and the corresponding owner's manual instructions. More specifically, 
Porsche states, the rims are marked correctly with the size 
designation; the correct tire size information is listed on the Tire 
and Loading Information placard, and the tire size is marked on the 
tire sidewall. The vehicles' Certification label also contains the 
correct tire and rim sizes. Porsche indicates that, importantly, the 
omitted marking does not affect the ability to identify the rims in the 
event of a recall and is not likely to have any effect on motor vehicle 
safety. Porsche asserts that this is again consistent with NHTSA's 
prior decision on petitions for the same. (See 74 FR 69376).
    3. The tire and rim of the affected spare wheels are properly 
matched and are appropriate for the load-carrying characteristics of 
the subject vehicle. Porsche asserts that the incorrect association 
marking has no effect on the performance of the tire/rim combination.
    4. The subject tire/rim assembly meets paragraph S4.4.1(b) rapid 
air loss requirement of FMVSS No. 110. All other applicable 
requirements of FMVSS Nos. 109 and 110 have been met.
    5. Lastly, Porsche is unaware of any accidents, injuries, or 
customer complaints related to the omitted markings.
    Porsche 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.
    Porsche's complete petition and all supporting documents are 
available by logging onto the Federal Docket Management System (FDMS) 
website at https://www.regulations.gov and by following the online 
search instructions to locate the docket number as listed in the title 
of this notice.

VI. Comments

    NHTSA received one comment from the general public. While the 
Agency takes great interest in the public's concerns and appreciates 
the commenter's feedback, the comment does not address the purpose of 
this particular petition.

VII. NHTSA's Analysis

    The intent of the labeling requirements in paragraphs 4.4.2(a) and 
S4.4.2(c) of FMVSS No. 110 is to provide safe operation of vehicles by 
ensuring that vehicles are equipped with rims of appropriate size and 
type designation mounted with compatible tires of appropriate size and 
load rating. The purpose of the ``DOT'' marking is to certify 
compliance with all applicable standards. The ``DOT'' certification is 
also itself a requirement of the standard, 49 CFR 571.110, S.4.4.2(c). 
However, NHTSA finds that the noncompliance with the ``DOT'' marking 
requirement is inconsequential in this situation, given Porsche's 
representation that the vehicles comply with the standard, other than 
as discussed herein, and given that the vehicles have a vehicle-level 
certification of compliance. See 49 U.S.C. 30115; 49 CFR 567.4.
    Furthermore, while manufacturers are required to include the 
designation symbol required by S4.4.2(a), its omission does not prevent 
the proper matching of tires and rims in this unique situation because 
sufficient information about rim size is available from other markings 
on the rims, as well as information available from the certification 
label required by 49 CFR part 567 and the vehicle placard (tire 
information label) required by FMVSS No. 110 that are present on the 
affected vehicles. In addition, the omitted marking does not affect the 
ability to identify the rims in the event of recall and is not likely 
to have a consequential effect on motor vehicle safety.

NHTSA's Decision

    In consideration of the foregoing, NHTSA has decided that Porsche 
has met its burden of persuasion that the failure to mark the wheels 
with the letter ``E'' as the source of wheel nominal dimensions, as 
required by paragraph S4.4.2(a), and the symbol ``DOT'' for recognizing 
certification to all applicable FMVSSs, are inconsequential to motor 
vehicle safety. Accordingly, Porsche's petition is granted, and it is 
exempted from providing the notification of noncompliance that is 
required by 49 U.S.C. 30118, and from remedying the noncompliance, as 
required by 49 U.S.C. 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, 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.


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(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. 2020-29042 Filed 12-31-20; 8:45 am]
BILLING CODE 4910-59-P