79358 Federal Register / Vol. 89, No. 188 / Friday, September 27, 2024 / Notices 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2024–0010; Notice 1] 

Tesla, 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: Tesla, Inc. (‘‘Tesla’’) has 

determined that certain model year 

(MY) 2012–2023 Model S, MY 2016– 

2024 Model X, MY 2017–2023 Model 3, 

MY 2019–2024 Model Y, and MY 2024 

Cybertruck Tesla vehicles do not fully 

comply with Federal Motor Vehicle 

Safety Standard (FMVSS) No. 105, 

Hydraulic and Electric Brake Systems, 

and FMVSS No. 135, Light Vehicle 

Brake Systems. Tesla filed a 

noncompliance report dated January 30, 

2024, and subsequently petitioned 

NHTSA (the ‘‘Agency’’) on February 23, 

2024, for a decision that the subject 

noncompliance is inconsequential as it 

relates to motor vehicle safety. This 

document announces receipt of Tesla’s 

petition. 

DATES: Send comments on or before 

October 28, 2024. 

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 may be submitted by any of 

the following methods: 

• Mail: Send comments by mail 

addressed to the 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 the 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 for Federal 

holidays. 

• Electronically: Submit comments 

electronically by logging onto the 

Federal Docket Management System 

(FDMS) website 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). 

FOR FURTHER INFORMATION CONTACT: 

Vince Williams, General Engineer, 

NHTSA, Office of Vehicle Safety 

Compliance, (202) 366–2319. 

SUPPLEMENTARY INFORMATION: 

I. Overview: Tesla determined that 

certain MY 2012–2023 Model S, MY 

2016–2024 Model X, MY 2017–2023 

Model 3, MY 2019–2024 Model Y, and 

MY 2024 Cybertruck Tesla vehicles do 

not fully comply with paragraph 

S5.3.5(a) of FMVSS No. 105 and 

paragraph S5.5.5(a) of FMVSS No.135, 

(49 CFR 571.105 and 135). 

Tesla filed a noncompliance report 

(Recall 24V–051) dated January 30, 

2024, pursuant to 49 CFR part 573, 

Defect and Noncompliance 

Responsibility and Reports. 

Subsequently, Tesla amended its Part 

573 report on February 21, 2024, and in 

that report informed NHTSA of its 

intent to file a petition for 

inconsequential noncompliance, as 

provided by 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. On February 

23, 2024, Tesla filed its petition for 

inconsequential noncompliance and 

requesting an exemption from the notice 

requirements in 49 U.S.C. 30118 and 

30119 on the basis that the 

noncompliance in Recall 24V–051 is 

inconsequential as it relates to motor 

vehicle safety. 

NHTSA is publishing this notice of 

receipt of Tesla’s petition under 49 

U.S.C. 30118 and 30120. The statements 

included in this notice do not represent 

any agency decision or another exercise 

of judgment concerning the merits of the 

petition. 

II. Vehicles Involved: Approximately 

2,193,869 of the following Tesla 

vehicles manufactured between June 1, 

2012, and January 22, 2024, were 

reported by the manufacturer: 

• MY 2012–2023 Tesla Model S 

• MY 2016–2024 Tesla Model X 

• MY 2017–2023 Tesla Model 3 

• MY 2019–2024 Tesla Model Y 

• MY 2024 Tesla Cybertruck 

III. Noncompliance: Tesla explains 

that the letter font size of the Brake, 

Park, and ABS visual warning indicators 

in the subject vehicles does not meet the 

font height requirements of paragraph 

S5.3.5(a) of FMVSS No. 105 and 

paragraph S5.5.5(a) of FMVSS No. 135. 

Specifically, the font height on the 

affected vehicles is 1.5 mm while the 

minimum font height requirement is 3.2 

mm (1⁄8 inch). 

IV. Rule Requirements: Paragraph 

S5.3.5(a) of FMVSS No. 105 and 

paragraph S5.5.5(a) of FMVSS No. 135 

include the requirements relevant to 

this petition. Paragraph S5.3.5(a) of 

FMVSS No. 105 requires each indicator 

lamp to display word, words or 

abbreviation, in accordance with the 

requirements of FMVSS No. 101 and/or 

S5.3.5, which must have letters not less 

than 1⁄8 inch high and be legible to the 

driver in daylight when lighted. Words 

in addition to those required by FMVSS 

No. 101 and/or S5.3.5 and symbols may 

be provided for purposes of clarity. 

Paragraph S5.5.5(a) of FMVSS No. 135 

requires that each visual indicator 

display a word or words in accordance 

with the requirements of FMVSS No. 

101 and S5.5.5, which must be legible 

to the driver under all daytime and 

nighttime conditions when activated. In 

addition, unless otherwise specified, the 

words must have letters not less than 

3.2 mm (1⁄8 inch) high and the letters 

and background must be of contrasting 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 89, No. 188 / Friday, September 27, 2024 / Notices 79359 

1On page 5 of its petition, Tesla refers to 49 

U.S.C. 30118(d), 49 CFR part 556.7, and Porsche 

Cars North America, Inc., Grant of Petition for 

Decision of Inconsequential Noncompliance, 88 FR 

61006 (Sept. 13, 2023). 

2On page 5 of its petition, Tesla refers to a 

NHTSA’s October 2, 2020, determination on a 

petition submitted by Porsche Cars North America, 

Inc., in which Tesla quotes NHTSA as stating ‘‘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 performance requirement in 

a standard—as opposed to a labeling requirement— 

is more substantial and difficult to meet. 

Accordingly, the Agency has not found many such 

noncompliances inconsequential.’’ (emphasis in 

original). 

colors, one of which is red. Words or 

symbols in addition to those required by 

FMVSS No. 101 and S5.5.5 may be 

provided for purposes of clarity. 

V. Summary of Tesla’s Petition: The 

following views and arguments 

presented in this section, ‘‘V. Summary 

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

arguments provided by Tesla. They have 

not been evaluated by the Agency and 

do not reflect the views of the Agency. 

Tesla describes the subject 

noncompliance and contends that the 

noncompliance is inconsequential as it 

relates to motor vehicle safety. 

Tesla states that the subject 

noncompliance was corrected in vehicle 

production, and vehicles in the field 

were also remedied. Tesla believes that 

‘‘[a]ny possible safety risk, however 

remote, has been addressed.’’ Tesla 

explains that the remedy involves 

increasing the font size of the Brake, 

Park, and ABS visual warning indicators 

to a minimum of 3.2 mm (1⁄8 inch), as 

required by FMVSS No. 105 and FMVSS 

No. 135. Additionally, the previous 

accompanying universal ISO symbols 

were removed. 

Tesla states that on January 23, 2024, 

a software release correcting the subject 

noncompliance was introduced to the 

affected Model S, X, 3, and Y in 

production. On January 24, 2024, the 

software release correcting the 

noncompliance in the Cybertruck was 

introduced. Tesla states that the subject 

vehicles already in the field received the 

remedy as part of an over-the-air (OTA) 

software release for installation. The 

remedy was deployed to certain 

vehicles on January 23, 2024, and to the 

remaining vehicles on February 2, 2024. 

Tesla reports that as of February 20, 

2024, 70 percent of all subject vehicles 

in the field have installed the software 

correcting the noncompliance and all 

later software releases will also include 

the remedy. Tesla says that owners of 

any remaining affected vehicles that are 

online and have connectivity would 

need to accept the installation of the 

software release, or any later software 

release, on their vehicle. Tesla explains 

that this can be done immediately via 

the owner’s Tesla smartphone 

application or on the vehicle user 

interface touchscreen. However, Tesla 

contends that even if an owner does not 

install the software release or any later 

version, the performance of the vehicle’s 

brake system and park function remains 

unaffected by the subject 

noncompliance. According to Tesla, 

both systems continue to operate safely 

and as designed. Tesla also states that 

while it understands not dispositive in 

considering a petition for 

inconsequential noncompliance, Tesla 

is not aware of any crashes, injuries, or 

deaths that may be related to the 

noncompliance. 

Tesla asserts that the Brake, Park, and 

ABS visual warning indicators remain 

easily perceptible despite the subject 

noncompliance because they are 

positioned prominently and 

dynamically within the driver’s direct 

field of vision on the instrument cluster 

alongside other vehicle data and control 

displays. Tesla adds that they also 

feature descriptive text and universal 

ISO symbols commonly used in motor 

vehicles manufactured for sale in the 

United States. The text in the indicators 

is capitalized for improved visibility 

and readability with compliant colors 

and contrast against the background. 

Tesla believes that the functionality of 

these indicators remains unaffected 

when wear or failure of the brake, park, 

and ABS systems is detected, regardless 

of the letter font size. Tesla adds that 

owners of the subject vehicles are 

familiar with the Brake, Park, and ABS 

visual warning indicators, as they are 

self-explanatory and explained in the 

owner’s manual provided with the 

vehicle. 

Tesla contends that NHTSA has 

established that its ‘‘only criteria’’ in 

assessing a petition for a decision of 

inconsequential noncompliance is 

determining if the noncompliance is 

inconsequential to safety.1 Tesla states 

that if the noncompliance is found to be 

inconsequential to motor vehicle safety, 

‘‘then any perceived benefit of notifying 

affected vehicle owners is not relevant 

to assessing the merits of the petition.’’ 

Tesla believes that because the subject 

noncompliance has been remedied and 

there is no ‘‘actual or theoretical safety 

risk,’’ the subject noncompliance is 

inconsequential to safety and NHTSA 

should grant Tesla’s petition. 

Moreover, Tesla argues that the 

subject noncompliance aligns with the 

type of labeling noncompliance that 

NHTSA finds appropriate for a 

determination of inconsequentiality.2

Tesla states that the following NHTSA 

decisions on petitions for similar 

noncompliances support its belief that 

the subject noncompliance is 

inconsequential: 

1. Porsche Cars North America, Inc., 

Grant of Petition for Decision of 

Inconsequential Noncompliance, 88 FR 

61006 (Sept. 6, 2023). Tesla states that 

in this case, NHTSA found that ‘‘brake 

wear indicators that do not meet the 

minimum lettering height requirements 

but that use correct coloring and 

symbols and are prominently positioned 

with the driver’s direct field of vision do 

not have an adverse effect on vehicle 

safety.’’ 

2. General Motors, LLC, Grant of 

Petition for Decision of Inconsequential 

Noncompliance, 79 FR 9041 (Feb. 14, 

2014). Tesla states that NHTSA found 

‘‘that Park Brake indicators that are 

displayed using ISO symbols instead of 

the symbols required by FMVSS No. 101 

and FMVSS No. 135 have no effect on 

brake performance, are illuminated as 

required and are described in the 

owner’s manual, and drivers recognize 

and understand them.’’ 

3. General Motors, LLC, Grant of 

Petition for Decision of Inconsequential 

Noncompliance, 81 FR 92963 

(December 20, 2016) Tesla states that 

NHTSA found ‘‘that park brake 

indicators that do not meet the 

minimum letter height requirements as 

specified in FMVSS No. 135 are more 

pronounced by all capitalized letters 

and continue to be legible, 

conspicuously located, and illuminated 

with a contrasting background as 

required.’’ 

Tesla argues that the subject 

noncompliance is similar to the visual 

warning indicators at issue in these 

granted petitions because they 

‘‘illuminate as required, are prominently 

positioned within the driver’s direct 

field of vision, and use universal ISO 

symbols that are easily recognizable.’’ 

Furthermore, Tesla asserts that ‘‘while 

the text of the indicators does not meet 

the minimum height requirements of 

FMVSS No. 105 and FMVSS No. 135, 

the text is easily legible, since each 

letter is capitalized and uniform in 

height, and the colors are compliant and 

in contrast to the background of the 

text.’’ 

Tesla adds that it is only petitioning 

for an exemption from the notification 

requirements of 49 U.S.C 30118 and 

30119 and not the remedy requirements 

of 49 U.S.C 30119 and 30120 because 

the subject noncompliance has been 

remedied and the remedy is available 

for any remaining affected vehicle 

owners to install. Tesla states that ‘‘[a]s 

specified in the Safety Act, the only 

factor that NHTSA may use to evaluate 


lotter on DSK11XQN23PROD with NOTICES1
79360 Federal Register / Vol. 89, No. 188 / Friday, September 27, 2024 / Notices 

the merits of a petition for 

inconsequentiality is determining 

whether the noncompliance itself is 

inconsequential to safety.’’ Tesla states 

this statute requires NHTSA to ‘‘base its 

decision on the petition squarely upon 

the inconsequential nature of the 

noncompliance. Any perceived benefit 

of issuing Part 577 letters via first-class 

mail to affected vehicle owners has no 

bearing on whether the noncompliance 

has an impact on motor vehicle safety 

and is not relevant to assessing the 

merits of this petition.’’ 

Tesla concludes by stating its belief 

that the subject noncompliance is 

inconsequential as it relates to motor 

vehicle safety and its petition to be 

exempted from providing notification of 

the noncompliance, as required by 49 

U.S.C. 30118, 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 Tesla 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 Tesla 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. 2024–22181 Filed 9–26–24; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

[Docket No. PHMSA–2024–0152] 

Pipeline Safety: Proposed ProjectSpecific Waiver of the Build America, 

Buy America Act Requirements for 

Certain Products Used by Philadelphia 

Gas Works 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), U.S. Department of 

Transportation (DOT). 

ACTION: Notice; request for comments. 

SUMMARY: The Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA) is proposing to waive the 

Build America, Buy America (BABA) 

Act’s domestic preference requirements 

for certain products that Philadelphia 

Gas Works (PGW) needs for its Natural 

Gas Distribution Infrastructure Safety 

and Modernization (NGDISM) grant 

project. The proposed waiver would 

exempt the following products used in 

PGW’s project from BABA requirements 

on the basis of nonavailability: electrofusion tapping tees, anodeless risers, 

transition fittings, lockwing valves, 

magnesium anodes, service adapters, 

curb valves, caps, couplings, and 

stiffeners. In accordance with section 

70914(c) of BABA, PHMSA is seeking 

public comments on the proposed 

waiver. 

DATES: Comments must be received by 

October 15, 2024. 

ADDRESSES: Please submit your 

comments to the Federal eRulemaking 

Portal at http://www.regulations.gov, 

Docket No. PHMSA–2024–0152, and 

follow the online instructions for 

submitting comments. 

Instructions: You must include the 

agency name and docket number at the 

beginning of your comments. Except as 

described below under the heading 

‘‘Confidential Business Information,’’ all 

submissions received, including any 

personal information provided, will be 

posted without change or alteration to 

http://www.regulations.gov. For more 

information, you may review the U.S. 

Department of Transportation’s 

complete Privacy Act Statement 

published in the Federal Register on 

April 11, 2000 (65 FR 19477). 

FOR FURTHER INFORMATION CONTACT: For 

questions about this notice, please 

contact Mr. Brandon Hollingshead, 

PHMSA Office of the Chief Counsel, 

202–366–4400, or via email at 

brandon.hollingshead@dot.gov. Office 

hours for PHMSA are from 8:30 a.m. to 

5:00 p.m., E.T., Monday through Friday, 

except Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access and Filing 

A copy of this Notice, all comments 

received on this Notice, and all 

background material may be viewed 

online at http://www.regulations.gov 

using the docket number listed above. 

Electronic retrieval help and guidelines 

are also available at http://

www.regulations.gov. An electronic 

copy of this document also may be 

downloaded from the Office of the 

Federal Register’s website at: 

www.FederalRegister.gov and the 

Government Publishing Office’s website 

at: www.GovInfo.gov. 

Confidential Business Information 

Confidential Business Information 

(CBI) is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(FOIA) (5 U.S.C. 552), CBI is exempt 

from public disclosure. If your 

comments responsive to this notice 

contain commercial or financial 

information that is customarily treated 

as private, that you actually treat as 

private, and that is relevant or 

responsive to this notice, it is important 

that you clearly designate the submitted 

comments as CBI. You may ask PHMSA 

to give confidential treatment to 

information you give to the agency by 

taking the following steps: (1) mark each 

page of the original document 

submission containing CBI as 

‘‘Confidential’’; (2) send PHMSA, along 

with the original document, a second 

copy of the original document with the 

CBI deleted; and (3) explain why the 

information you are submitting is CBI. 

Unless you are notified otherwise, 

PHMSA will treat such marked 

submissions as confidential under the 

FOIA, and they will not be placed in the 

public docket of this Notice. 

Submissions containing CBI should be 

sent to: Mr. Brandon Hollingshead, 

PHMSA, 1200 New Jersey Avenue SE, 

E26–316, Washington, DC 20590. Any 

comment submissions that PHMSA 

receives that are not specifically 

designated as CBI will be placed in the 

public docket for this matter. 

Background 

The NGDISM program was authorized 

by the Infrastructure Investment and 

Jobs Act (IIJA) (Pub. L. 117–58). The 

program provides Federal funding to 

municipal- or community-owned 

natural gas utilities (not including forprofit entities) to repair, rehabilitate, or 

replace their natural gas distribution 

pipeline systems or portions thereof, or 

to acquire equipment to (1) reduce 

incidents and fatalities and (2) avoid 

economic losses. The IIJA appropriates 

$200 million per year for each of Fiscal 

Years (FY) 2022 through 2026 for the 

NGDISM program ($1 billion in total). 

The IIJA provides that 2 percent of this 

amount shall be used to pay the 

administrative expenses of the NGDISM 

program. Accordingly, the total amount 

expected to be awarded as grant funding 

over the five-year period is 

$980,000,000. In FY2022, PHMSA 

awarded approximately $196 million to 

37 municipal- and community-owned 

natural gas utilities across the nation to 


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