49476 Federal Register / Vol. 82, No. 205 / Wednesday, October 25, 2017 / Notices 

noncompliance, as required by 49 

U.S.C. 30120, should be granted. 

To view Harley-Davidson’s petition 

analyses in its entirety you can visit 

https://www.regulations.gov by 

following the online instructions for 

accessing the dockets and by using the 

docket ID number for this petition 

shown in the heading of this notice. 

NHTSA Decision 

NHTSA Analysis: NHTSA has 

evaluated the merits of Harley 

Davidson’s inconsequential 

noncompliance petition and has 

determined that this particular 

noncompliance is inconsequential to 

motor vehicle safety. Specifically, the 49 

C.F.R Part 567 label containing the 

FMVSS No. 120 S5.3 rim information 

incorrectly identifies the rear-wheel rim 

size as 18 X 4.50 instead of 18 X 4.25. 

NHTSA has concluded that the 

mislabeling noncompliance does not 

affect motor vehicle safety because the 

18 X 4.50 rim size identified on the 

certification label is compatible with 

both the tire fitted to the vehicle and to 

the tire specified on the label (which are 

the same in this case). Also, the 

intended rim and tire sizing 

combination is available and accessible 

from multiple sources and locations. 

The 2016 Tire and Rim Association 

guide for rim contours for motorcycle 

tires, indicates that both the 4.25-inch 

and the 4.50-inch rim widths are 

approved rim contours for the tire size 

(150/70R18), which is the size specified 

on the certification label and the size of 

the tires fitted to the vehicle. Therefore, 

use of either rim size is acceptable for 

the tire indicated and tire/rim mismatch 

should not occur. 

If the rim size listed on the 

certification label is not used to 

determine tire and rim combination 

when either is being replaced, there are 

numerous other sources and locations of 

that information available to the 

consumer and service technician. These 

sources include: (1) The correct wheel 

size imprinted on the wheel, (2) correct 

wheel size shown in the original 

equipment and recommended 

replacement tires table in the HarleyDavidson Genuine Motor Parts and 

Accessories Catalog, (3) the correct tire 

size listed in the Owner’s Manual, and 

(4) the correct tire size listed on the 

sidewall of the tire originally installed 

on the wheel rim. In particular, we agree 

with Harley-Davidson’s assertion that 

source number ‘‘4’’ is the most likely 

place for consumers to look when 

replacing tires and rims to verify tire 

size. 

NHTSA’S Decision: In consideration 

of the foregoing, NHTSA finds that 

Harley-Davidson has met its burden of 

persuasion that the FMVSS No. 120 

noncompliance is inconsequential as it 

relates to motor vehicle safety. 

Accordingly, Harley-Davidson’s petition 

is hereby granted and Harley-Davidson 

Motor Company, Inc. is consequently 

exempted from the obligation to provide 

notification of, and remedy for, the 

subject noncompliance in the affected 

vehicles 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 

motorcycles that Harley-Davidson no 

longer controlled at the time it 

determined that the noncompliance 

existed. However, on 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 Harley-Davidson 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. 2017–23209 Filed 10–24–17; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2017–0023; 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. (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. 

ADDRESSES: For further information on 

this decision contact Stu Seigel, Office 

of Vehicle Safety Compliance, the 

National Highway Traffic Safety 

Administration (NHTSA), telephone 

(202) 366–5287, facsimile (202) 366– 

3081. 

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 

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. 

Notice of receipt of the petition was 

published with a 30-day public 

comment period, on April 11, 2017, in 

the Federal Register (82 FR 17507). No 

comments were received. To view the 

petition and all supporting documents 

log onto the Federal Docket 

Management System (FDMS) Web site 

at: https://www.regulations.gov/. Then 

follow the online search instructions to 

locate docket number ‘‘NHTSA–2017– 

0023.’’ 

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 


sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 82, No. 205 / Wednesday, October 25, 2017 / Notices 49477 

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 

(one-eighth 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 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’S Decision 

NHTSA’s Analysis: NHTSA has 

reviewed PCNA’s analyses that the 

subject noncompliances are 

inconsequential to motor vehicle safety. 

Specifically, the use of an ISO telltale 

indicating both low fluid and parking 

brake actuation instead of the word 

‘‘BRAKE,’’ as required by paragraph 

S5.5.5(b) of FMVSS No. 135 and 

paragraph S5.2.1 of FMVSS No. 101, 

and an ISO symbol for the ABS telltale, 

instead of the words ‘‘Antilock’’ or Antilock’’ or ‘‘ABS’’ as required by 

paragraph S5.5.5(d)(3) of FMVSS No. 

135 and paragraph S5.2.1 of FMVSS No. 

101, poses little if any risk to motor 

vehicle safety. As discussed below, 

NHTSA believes that the inadvertent 

use of the ISO symbols for these specific 

vehicles is inconsequential primarily 

because multiple sources of information 

are simultaneously activated to properly 

warn the driver of the conditions, and 

because drivers have, over time, become 

increasingly familiar with ISO symbol 

meaning as many ISO symbols have 

been used on U.S.-certified vehicles in 

conjunction with the required text. 

1. Per paragraph S5.5.2 of FMVSS No. 

135, all indicators are activated as a 

check function when the ignition (start) 

switch is turned to the ‘‘on’’ (‘‘run’’) 

position when the engine is not running 

or when the ignition (start) switch is in 

a positon between ‘‘on’’ (‘‘run’’) and 

‘‘start.’’ As such, each time the driver 

activates the starting system on these 

affected vehicles, the ISO brake warning 

symbol and the ISO ABS Malfunction 

symbol will illuminate. If the driver is 

not familiar with the ISO symbol 

meaning, the owner’s manual can be 

referenced, which will explain the 

relationship between the symbol and its 

function. NHTSA also believes that as 

some vehicles have, over time, 

incorporated both the required telltale 

labeling with adjacent supplementary 

ISO symbols, the ISO symbols have 

evolved to become increasingly 

recognizable and understandable to 

drivers. NHTSA further believes drivers 

recognize that a telltale illuminated in 

red or amber, as is the case here, even 

if unlabeled, represents a malfunction 

which needs to be remedied. 

2. PCNA uses an allowed common 

indicator for the condition of low brake 

fluid and activation of the parking 

brake. The symbol is red with a 

contrasting background color as 

required in the standard. In a low-brakefluid situation, in addition to the ISO 

symbol illumination, the operator is 

provided multiple sources of 

information of the existence of a 

problem. A multifunction display will 

display a warning message that is clear 

and definitive stating ‘‘Brake fluid level. 

Park vehicle safely’’. In the affected 

vehicles, the malfunction display is 


sradovich on DSK3GMQ082PROD with NOTICES
49478 Federal Register / Vol. 82, No. 205 / Wednesday, October 25, 2017 / Notices 

contained in the instrument panel in 

plain view of the driver. In addition, an 

initial warning chime will sound. The 

message will be continuously displayed 

unless another serious condition is 

displayed in which case the messages 

would be alternating. Low fluid is 

redisplayed on subsequent ignition 

cycles. 

The combination of the red brake ISO 

symbol, a detailed message on the 

instrument cluster for low fluid, and a 

warning chime provides the operator 

ample notification of a brake condition 

requiring action. 

3. The parking brake on the subject 

vehicles is electronically activated by 

pushing a button labelled ‘‘P’’, which is 

located on the left side of the steering 

wheel. When the parking brake is 

engaged, the dual-function common ISO 

symbol will illuminate in red with 

additional visual feedback to the 

operator from illumination of a red 

indicator light located in the button. If 

the operator proceeds with the parking 

brake engaged, the brake will release 

automatically if (1) the engine is 

running, (2) the driver’s door is closed, 

and (3) the driver’s seat belt is fastened. 

These conditions are met most of the 

time, so the likelihood of driving with 

the parking brake engaged is limited. 

However, if one these three prerequisite 

conditions is not fulfilled, the electric 

parking brake will not automatically 

release when the operator attempts to 

drive off. Under this circumstance, the 

red ISO symbol will flash, which makes 

it highly noticeable to the driver, the red 

parking brake button will remain 

illuminated, and a message will appear 

on the multifunction display. These 

three redundant visual indicators to the 

operator provide ample feedback that 

the parking brake remains activated. 

The agency also believes that the 

operator in many cases would be aware 

of an activated parking brake due to 

reduced vehicle drivability from brake 

drag. 

4. When an ABS malfunction occurs, 

the amber ISO symbol with the word 

‘‘ABS’’ embedded in it illuminates. 

Although this is the correct telltale word 

as specified in the standard, the 

lettering height is less than the required 

3.2mm. There are two additional 

redundancies that provide notification 

to the operator of an ABS situation: The 

statement ‘‘ABS/PSM failure. Drive with 

caution’’ is displayed on the 

multifunction instrument cluster and an 

initial warning chime will sound. An 

operator is very unlikely to overlook 

these three separate notifications, and 

remedial action can be taken. 

5. Lastly, the presence of ISO symbols 

instead of wording on the instrument 

panel has no effect on the functionality 

and performance of the parking brake 

system, the service brake system, and 

the ABS system. 

NHTSA believes that the subject 

noncompliances on these specific 

vehicles—use of the ISO symbol for low 

brake fluid and parking brake actuation 

and ABS malfunction instead of the 

required words—are inconsequential to 

motor vehicle safety, primarily because 

illumination of each ISO symbol is 

accompanied by multiple redundant 

operator notifications including 

messages on an instrument cluster 

display and audible chimes. The 

manufacturer has stated and we agree, 

that the ISO symbol usage for these 

specific vehicles is unlikely to lead to 

any misunderstanding since other 

sources of correct information beyond 

the provided telltales are available. 

NHTSA’s Decision: In consideration 

of the foregoing, NHTSA finds that 

PCNA has met its burden of persuasion 

that the FMVSS Nos. 101 and 135 

noncompliances are inconsequential as 

they relate to motor vehicle safety. 

Accordingly, PCNA’s petition is hereby 

granted and PCNA is consequently 

exempted from the obligation to provide 

notification of, and a remedy for, the 

subject 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 PCNA 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 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. 2017–23208 Filed 10–24–17; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

[Docket No. DOT–OST–2016–0053] 

Establishment of Interim National 

Multimodal Freight Network 

AGENCY: Office of the Secretary of 

Transportation (OST), Federal Aviation 

Administration (FAA), Federal Highway 

Administration (FHWA), Federal 

Railroad Administration (FRA), 

Maritime Administration (MARAD), 

Saint Lawrence Seaway Development 

Corporation (SLSDC), and U.S. 

Department of Transportation (DOT). 

ACTION: Notice of reopening of comment 

period and extension of deadline. 

SUMMARY: DOT is extending the 

deadline and comment period for 

materials related to the Interim National 

Multimodal Freight Network (Interim 

NMFN), as established in a notice 

published on June 6, 2016 at 81 FR 

36381. The original notice asked for 

comments by September 6, 2016. The 

reopening and extension of the 

comment period is based on input 

received from DOT stakeholders that the 

September 6, 2016 closing date did not 

provide sufficient time for submission 

of comments to the Department, as well 

as an analysis that some comments 

submitted by States did not include the 

required statutory certification. DOT 

agrees that the comment period should 

be reopened and extended. Therefore, 

the comment period on the 

establishment of the Interim NMFN is 

reopened. 

DATES: Comments must be received on 

or before February 22, 2018 to receive 

consideration by DOT with respect to 

the final designation of the NMFN. Latefiled comments received after this date 

will be considered to the fullest extent 

practicable. Comments may be 

submitted by all interested stakeholders. 

ADDRESSES: To ensure that you do not 

duplicate your docket submissions, 

please submit them by only one of the 

following means: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for submitting 

comments. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Ave. SE., W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery: West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Ave. SE., between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The telephone 

number is (202) 366–9329. 


sradovich on DSK3GMQ082PROD with NOTICES