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Volkswagen Group of America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance

American Government Special Collections Reference Desk

American Government Topics:  Volkswagen Golf

Volkswagen Group of America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance

Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
26 October 2016


[Federal Register Volume 81, Number 207 (Wednesday, October 26, 2016)]
[Notices]
[Pages 74500-74501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25802]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0102; Notice 1]


Volkswagen Group of America, 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: Volkswagen Group of America , Inc. (Volkswagen), has 
determined that certain model year (MY) 2016 Volkswagen eGolf motor 
vehicles do not fully comply with paragraph S6.5.3.2 of Federal Motor 
Vehicle Safety Standard (FMVSS) No. 108, Lamps, reflective devices and 
associated equipment. Volkswagen filed a report dated September 16, 
2016, pursuant to 49 CFR part 573, Defect and Noncompliance 
Responsibility and Reports. Volkswagen then petitioned NHTSA under 49 
CFR part 556 for a decision that the subject noncompliance is 
inconsequential as it relates to motor vehicle safety.

DATES:  The closing date for comments on the petition is November 25, 
2016.

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 
submitted by any of the following methods:
     Mail: Send comments by mail addressed to 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 Deliver: Deliver comments by hand to 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 
Federal Holidays.
     Electronically: Submit comments electronically by logging 
onto the Federal Docket Management System (FDMS) Web site 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.
    The petition, supporting materials, and all comments 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 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 documents 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).

SUPPLEMENTARY INFORMATION: 

I. Overview

    Pursuant to 49 U.S.C. 30118(d) and 30120(h) and their implementing 
regulations at 49 CFR part 556, Volkswagen submitted a petition 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.
    This notice of receipt of Volkswagen's petition is published under 
49 U.S.C.

[[Page 74501]]

30118 and 30120 and does not represent any agency decision or other 
exercise of judgment concerning the merits of the petition.

II. Vehicles Involved

    Affected are 1,967 MY 2016 Volkswagen eGolf motor vehicles 
manufactured between June 25, 2015, and September 14, 2016.

III. Noncompliance

    Volkswagen explains that the noncompliance is due to a labeling 
error. The affected vehicles are equipped with halogen headlamps that 
are missing the required operation voltage label on the headlamp 
assembly and therefore do not meet the requirements specified in 
paragraph S6.5.3.2 of FMVSS No. 108.

IV. Rule Text

    Paragraph S6 .5.3.2 of FMVSS No. 108 states:

    S6.5.3.2 Voltage and trade number. Each original and replacement 
equipment headlamp , and each original and replacement equipment 
beam contributor must be marked with its voltage and with its part 
or trade number.

V. Summary of Volkswagen's Petition

    Volkswagen 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, Volkswagen stated that the correct 
halogen bulb specification is denoted on the headlamp glass lens, as 
required, as well as on the headlamp label and in service literature, 
etc. The halogen light bulb type implicitly carries the voltage 
specification, as the designated H7 bulb is always a 12V halogen light 
bulb. Additionally, the halogen light bulb socket is mechanically coded 
and will not accept the fitment of a replacement light bulb of 
incorrect specification. As such, no safety risk is present, even 
though there is a noncompliance with FMVSS No. 108 regulatory 
requirements.
    Volkswagen concluded by expressing the belief that the subject 
noncompliance presents no risk and 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. 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 Volkswagen 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 
Volkswagen 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. 2016-25802 Filed 10-25-16; 8:45 am]
 BILLING CODE 4910-59-P

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