61006 Federal Register / Vol. 88, No. 171 / Wednesday, September 6, 2023 / Notices 

document withdraws that notice, FR 

Doc. 2023–18996. On August 30, 2023, 

NS withdrew its RFA. 

DATES: As of September 6, 2023, FR Doc. 

2023–18996, published on September 1, 

2023, is withdrawn. 

FOR FURTHER INFORMATION CONTACT: For 

further information, please contact Gabe 

Neal, Staff Director, Signal, Train 

Control, and Crossings Division, 

telephone: 816–516–7168, email: 

Gabe.Neal@dot.gov. 

SUPPLEMENTARY INFORMATION: FR Doc. 

2023–18996, published on September 1, 

2023, is withdrawn by this notice. 

Issued in Washington, DC. 

Carolyn R. Hayward-Williams, 

Director, Office of Railroad Systems and 

Technology. 

[FR Doc. 2023–19186 Filed 9–5–23; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2021–0038; 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., (‘‘Porsche’’), has determined that 

certain model year (MY) 2017–2021 

Porsche Panamera, MY 2019–2021 

Porsche Cayenne, and MY 2020–2021 

Porsche Taycan motor vehicles do not 

fully comply with Federal Motor 

Vehicle Safety Standard (FMVSS) No. 

135, Light Vehicle Brake Systems. 

Porsche filed an original noncompliance 

report dated March 10, 2021. 

Subsequently, Porsche petitioned 

NHTSA on April 1, 2021, 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: 

Vince Williams, General Engineer, 

NHTSA, Office of Vehicle Safety 

Compliance, (202) 366–2319, 

vince.williams@dot.gov. 

SUPPLEMENTARY INFORMATION: 

I. Overview 

Porsche has determined that certain 

MY 2017–2021 Porsche Panamera, MY 

2019–2021 Porsche Cayenne, and MY 

2020–2021 Porsche Taycan motor 

vehicles do not fully comply with the 

requirements of paragraphs S5.5.5(a) 

and S5.5.5(d)(5) of FMVSS No. 135, 

Light Vehicle Brake Systems (49 CFR 

571.135). Porsche filed a noncompliance 

report dated March 10, 2021, pursuant 

to 49 CFR part 573, Defect and 

Noncompliance Responsibility and 

Reports. Porsche subsequently 

petitioned NHTSA on April 1, 2021, 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 August 16, 2021, in 

the Federal Register (86 FR 45817). No 

comments were received. 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–2021– 

0038.’’ 

II. Vehicles Involved 

Approximately 80,666 of the 

following MY 2017–2021 Porsche motor 

vehicles manufactured between October 

23, 2016, and February 9, 2021, are 

potentially involved: 

• MY 2017–2021 Panamera 4 

• MY 2017–2021 Panamera 

• MY 2017–2021 Panamera 4 S 

• MY 2017–2020 Panamera Turbo 

• MY 2017–2020 Panamera 4 S 

Executive 

• MY 2017–2020 Panamera Turbo 

Executive 

• MY 2018–2021 Panamera 4 Hybrid 

• MY 2018–2020 Panamera Turbo S 

Hybrid 

• MY 2018–2021 Panamera 4 Executive 

• MY 2018–2020 Panamera 4 Hybrid 

Executive 

• MY 2018–2020 Panamera Turbo S 

Hybrid Executive 

• MY 2018–2020 Panamera 4 Sport 

Turismo 

• MY 2018–2020 Panamera 4 S Sport 

Turismo 

• MY 2018–2020 Panamera 4 Hybrid 

Sport Turismo 

• MY 2018–2020 Panamera Turbo Sport 

Turismo 

• MY 2018–2020 Panamera Turbo S 

Hybrid Sport Turismo 

• MY 2019–2021 Panamera GTS 

• MY 2020 Panamera GTS Sport 

Turismo 

• MY 2019–2021 Cayenne 

• MY 2019–2021 Cayenne S 

• MY 2019–2021 Cayenne Hybrid 

• MY 2019–2021 Cayenne Turbo 

• MY 2020 Panamera 10 Year Special 

Model 

• MY 2020 Panamera 4 10 Year Special 

Model 

• MY 2020–2021 Taycan 4S 

• MY 2020 Taycan Top S 

• MY 2020 Taycan Top 

• MY 2020 Panamera 4 Hybrid 10 Year 

Special Model 

• MY 2020 Cayenne Turbo S Hybrid 

• MY 2020–2021 Cayenne Coupe 

• MY 2020–2021 Cayenne S Coupe 

• MY 2020–2021 Cayenne Hybrid 

Coupe 

• MY 2020–2021 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 S5.5.5(d)(5) of 

FMVSS No. 135. Specifically, the 

lettering height for the brake wear 

indicators ranges in height from 1.7 mm 

to 2.2 mm, when the required minimum 

height is 3.2 mm. 

IV. Rule Requirements 

Paragraphs S5.5.5(a) and S5.5.5(d)(5) 

of FMVSS No. 135 include 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 (1⁄8

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 S5.5.1(d), the words ‘‘Brake 

Wear’’ shall be used. 

V. Summary of Porsche’s Petition 

The following views and arguments 

presented in this section, ‘‘V. Summary 

of Porsche’s Petition,’’ are the views and 

arguments provided by Porsche and do 

not reflect the views of the Agency. 


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Federal Register / Vol. 88, No. 171 / Wednesday, September 6, 2023 / Notices 61007 

1See 81 FR 92964 (Dec. 20, 2016); see also 67 FR 

72026 (Dec. 3, 2002). 

2See, Porsche Cars North America, Inc., Grant of 

Petition for Decision of Inconsequential 

Noncompliance, 85 FR 62365, 62366 (Oct. 2, 2020). 

3See Gen. Motors, LLC; Grant of Petition for 

Decision of Inconsequential Noncompliance, 78 FR 

35355 (June 12, 2013) (finding noncompliance had 

no effect on occupant safety because it had no effect 

on the proper operation of the occupant 

classification system and the correct deployment of 

an air bag); Osram Sylvania Prods. Inc.; Grant of 

Petition for Decision of Inconsequential 

Noncompliance, 78 FR 46000 (July 30, 2013) 

(finding occupant using noncompliant light source 

would not be exposed to significantly greater risk 

than occupant using similar compliant light 

source). 

4See Morgan 3 Wheeler Limited; Denial of 

Petition for Decision of Inconsequential 

Noncompliance, 81 FR 21663, 21666 (Apr. 12, 

2016); see also United States v. Gen. Motors Corp., 

565 F.2d 754, 759 (D.C. Cir. 1977) (finding defect 

poses an unreasonable risk when it ‘‘results in 

hazards as potentially dangerous as sudden engine 

fire, and where there is no dispute that at least some 

such hazards, in this case fires, can definitely be 

expected to occur in the future’’). 

Porsche describes the subject 

noncompliance and contends that the 

noncompliance is inconsequential as it 

relates to motor vehicle safety. 

Porsche believes that the subject 

noncompliance is inconsequential to 

vehicle safety. Porsche explains that, in 

addition to the required brake wear 

indicator, the affected vehicles have a 

multi-functional display that provides 

brake wear information and is readily 

visible to the driver. Porsche states that 

the brake wear message can be 

confirmed and then suppressed at the 

next ignition cycle, however, the 

operator would need to read and 

understand the message in order to do 

so. Porsche states that the brake wear 

indicator text is red, which is compliant 

and a contrasting color to the 

background of the text. Porsche believes 

that along with the color, the position of 

the text makes the brake wear indicator 

symbol conspicuous to the driver. The 

symbol is located adjacent to the fuel, 

temperature, and other vehicle data 

displays. Furthermore, Porsche states 

that the brake wear detection is 

functional and not affected by the 

noncompliant size of the text. Porsche 

adds that each letter of the text is 

capitalized, making it more easily seen 

and read by the driver due to the 

uniform height. 

Porsche states that owners of the 

subject vehicles would understand the 

symbol despite the noncompliant text 

size because the owner’s manual 

provided with the vehicle contains 

information about the brake wear 

warning symbol. Porsche notes that the 

subject noncompliance has been 

corrected in production vehicles. 

Porsche contends that NHTSA has 

granted the prior petitions for similar 

noncompliances.1 Furthermore, Porsche 

says that NHTSA has stated in previous 

determinations that it generally finds 

labeling noncompliances like the 

subject noncompliance to be ‘‘more 

appropriate for a determination of 

inconsequentiality.’’ 2

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. 

VII. NHTSA’s Analysis 

In determining inconsequentiality of a 

noncompliance, NHTSA focuses on the 

safety risk to individuals who 

experience the type of event against 

which a recall would otherwise 

protect.3 In general, NHTSA does not 

consider the absence of complaints or 

injuries when determining if a 

noncompliance is inconsequential to 

safety. The absence of complaints does 

not mean vehicle occupants have not 

experienced a safety issue, nor does it 

mean that there will not be safety issues 

in the future.4

The Agency concurs with Porsche 

that this noncompliance will not have 

an adverse effect on vehicle safety. 

Despite the letter height of the brake 

wear indicators being smaller than the 

3.2 mm requirement, the affected 

vehicles include a multi-functional 

display which provides supplementary 

brake wear information that is located 

within the driver’s direct field of vision, 

immediately adjacent to the fuel, 

temperature, other critical vehicle data 

displays. Although the additional brake 

warnings can be suppressed by the 

vehicle operator, the information is 

presented at every new ignition cycle 

and informs the driver of the need to 

change the brake pads while also 

recommending if continued driving is 

possible/advised. For as long as the 

brake warnings exist, the driver will be 

required to make a deliberate action 

after every new key cycle in order to 

suppress the additional brake warning 

messages. Finally, the additional brake 

warning symbols are accurately 

depicted and displayed in the correct 

colors, consistent with Table 1 of 

FMVSS No. 101, minimizing any 

confusion about the meaning of the 

indicators. Due to the aforementioned 

factors, the Agency concurs with 

Porsche that the subject noncompliance 

will have an adverse effect on vehicle 

safety and therefore recommends that 

this petition be granted. 

VII. NHTSA’s Decision 

In consideration of the foregoing, 

NHTSA finds that Porsche has met its 

burden of persuasion that the subject 

FMVSS No. 135 noncompliance in the 

affected vehicles is inconsequential to 

motor vehicle safety. Accordingly, 

Porsche’s petition is hereby granted, and 

Porsche is consequently exempted from 

the obligation of providing notification 

of, and a free remedy for, that 

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 Porsche 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 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. 2023–19142 Filed 9–5–23; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

[Docket No. DOT–OST–2023–0063] 

Agency Information Collection 

Activities: Approval of Information 

Collection 

AGENCY: Office of the Secretary (OST), 

DOT. 

ACTION: 60-Day notice and request for 

comments. 

SUMMARY: The Department of 

Transportation (DOT) invites public 

comments on our intention to request 

Office of Management and Budget 

(OMB) approval for an information 

collection in accordance with the 


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