Volkswagen Group of America, Receipt of Petition for Decision of Inconsequential Noncompliance |
|---|
Topics: Volkswagen Golf
|
Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
1 March 2016
[Federal Register Volume 81, Number 40 (Tuesday, March 1, 2016)]
[Notices]
[Pages 10715-10716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04371]
[[Page 10715]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2015-0123; Notice 1]
Volkswagen Group of America, 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 (Volkswagen), has determined that
certain model year (MY) 2015-2016 Volkswagen e-Golf and Golf R
passenger cars do not fully comply with paragraphs S4.3(c) and S4.3(d)
of Federal Motor Vehicle Safety Standard (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. Volkswagen filed a report dated
November 25, 2015, pursuant to 49 CFR part 573, Defect and
Noncompliance Responsibility and Reports. Volkswagen then petitioned
NHTSA under 49 CFR part 556 requesting a decision that the subject
noncompliance is inconsequential to motor vehicle safety.
DATES: The closing date for comments on the petition is March 31, 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 at the beginning 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 http://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 your comments were received, please
enclose a stamped, self-addressed postcard with the comments. Note that
all comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
Documents submitted to a docket may be viewed by anyone at the
address and times given above. The documents may also be viewed on the
Internet at http://www.regulations.gov by following the online
instructions for accessing the dockets. DOT's complete Privacy Act
Statement is available for review in the Federal Register published on
April 11, 2000, (65 FR 19477-78).
The petition, supporting materials, and all comments received
before the close of business on the closing date indicated above will
be filed 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 be published in the Federal
Register pursuant to the authority indicated below.
SUPPLEMENTARY INFORMATION:
I. Overview: Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see
implementing rule 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 to motor vehicle safety.
This notice of receipt of Volkswagen's petition is published under
49 U.S.C. 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 approximately 4,965 MY 2015-
2016 Volkswagen e-Golf passenger vehicles that were manufactured
between May 21, 2014 and November 14, 2015 and approximately 4,618 MY
2015-2016 Volkswagen Golf R passenger vehicles that were manufactured
between October 24, 2014 and November 14, 2015.
III. Noncompliance: Volkswagen explains that the noncompliance is
that the tire placard, located on the driver's side B-pillar, was
misprinted and does not contain the word ``none'' in the area reserved
for the spare tire specifications (i.e., size and pressure valves) as
required by paragraphs S4.3(c) and S4.3(d) of FMVSS No. 110.
IV. Rule Text: Paragraph S4.3 of FMVSS No. 110 requires in
pertinent part:
S4.3 Placard. Each vehicle, except for a trailer or incomplete
vehicle, shall show the information specified in S4.3(a) through
(g), and may show, at the manufacturer's option, the information
specified in S4.3(h) through (i), on a placard permanently affixed
to the driver's side B-pillar . . .
(c) Vehicle manufacturer's recommended cold tire inflation
pressure for front, rear and spare tires, subject to the limitations
of S4.3.4. For full size spare tires, the statement ``see above''
may, at the manufacturer's option replace manufacturer's recommended
cold tire inflation pressure. If no spare tire is provided, the word
``none'' must replace the manufacturer's recommended cold tire
inflation pressure.
(d) Tire size designation, indicated by the headings ``size'' or
``original tire size'' or ``original size,'' and ``spare tire'' or
``spare,'' for the tires installed at the time of the first purchase
for purposes other than resale. For full size spare tires, the
statement ``see above'' may, at the manufacturer's option replace
the tire size designation. If no spare tire is provided, the word
``none'' must replace the tire size Designation;
V. Summary of Volkswagen's Petition: Volkswagen believes that the
subject noncompliance is inconsequential to motor vehicle safety
because the misprinted information on the tire placard is applicable to
a component (spare tire) that was not provided with the subject
vehicles. Volkswagen also stated that there is no effect on
drivability, vehicle safety or tire wear.
Volkswagen also stated that they are not aware of any field or
customer complaints related to the subject noncompliance.
Volkswagen additionally informed NHTSA that it has corrected the
noncompliance so that all production of the subject vehicle models on
and after November 14, 2015 will fully comply with FMVSS No. 110.
In summation, Volkswagen believes that the described noncompliances
of the subject vehicles is inconsequential to motor vehicle safety, and
that its petition, to exempt Volkswagen from providing recall
notification of noncompliances as required by 49 U.S.C. 30118 and
remedying the recall 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
[[Page 10716]]
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. 2016-04371 Filed 2-29-16; 8:45 am]
BILLING CODE 4910-59-P