Volkswagen Group of America, Grant of Petition for Decision of Inconsequential Noncompliance |
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Topics: Volkswagen
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Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
10 May 2016
[Federal Register Volume 81, Number 90 (Tuesday, May 10, 2016)]
[Notices]
[Pages 28935-28937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10916]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2015-0123; Notice 2]
Volkswagen Group of America, Grant of Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition.
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SUMMARY: Volkswagen Group of America (Volkswagen) has determined that
certain model year (MY) 2015-2016 Volkswagen passenger cars do not
fully comply with paragraph 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.
ADDRESSES: For further information on this decision contact Kerrin
Bressant, Office of Vehicles Safety Compliance, the National Highway
Traffic Safety Administration (NHTSA), telephone (202) 366-1110,
facsimile (202) 366-3081.
SUPPLEMENTARY INFORMATION:
I. Overview
Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule
implementing those provisions 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. Notice of
receipt of the petition was published, with a 30-day public comment
period, on March 1, 2016 in the Federal Register (81 FR 10715). Two
comments were received.
[[Page 28936]]
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
does not contain the word ``none'' in the area reserved for the spare
tire specifications as required by paragraphs S4.3(c) and S4.3(d) of
FMVSS No. 110.
IV. Rule Text
Paragraphs S4.3(c) and (d) of FMVSS No. 110 require 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) and (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 Analyses
Volkswagen stated its belief that the subject noncompliance is
inconsequential to motor vehicle safety for the following reasons:
(A) Volkswagen stated that the misprinted information on the tire
placard is applicable to a component (spare tire) that was not provided
with the subject vehicles.
(B) Volkswagen explained that there is no effect on drivability,
vehicle safety or tire wear.
(C) Volkswagen stated that it is not aware of any field or customer
complaints related to the subject non-compliance.
In summation, Volkswagen believes that the described noncompliance
of the subject vehicles is inconsequential to motor vehicle safety, and
that its petition, to exempt Volkswagen from providing recall
notification of noncompliance 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's Decision
NHTSA's Analysis: Volkswagen explained that the tire placards on
the affected ``e-Golf'' and ``Golf R'' vehicles do not contain the
required word ``none'' in the spaces used to provide the spare tire
information (size and cold tire pressure) since no actual spare tires
were provided with these vehicles. On the ``e-Golf'' vehicles, the
placard indicates dashes (``- - -'') instead of the word ``none'' in
both the spare tire size and cold tire pressure spaces. On the ``Golf
R'' vehicles, the placard identifies the spare tire size as ``T125/
70R18'' and a cold tire pressure of ``420KPA, 61 PSI'' instead of the
word ``none'' in both spaces. Volkswagen stated its belief that the
subject mislabeling has no actual effect on the vehicle's drivability,
safety or tire wear.
During the receipt notice comment period NHTSA received comments
from two individuals. Both individuals believed Volkswagen's
noncompliance is inconsequential to motor vehicle safety. The first
individual stated that the vehicle owner will know, or learn, that the
vehicle was not equipped with a spare tire and mentioned that NHTSA has
approved a similar petition from General Motors. The second individual
stated that he agrees with Volkswagen's reasoning and that the error is
truly inconsequential to the safety of the consumer and not detrimental
to the performance of the vehicles.
In consideration of the e-golf vehicles where the placard uses
dashes instead of the word ``none'', The agency believes the dashes
will be interpreted to mean no spare tire was provided with the
vehicle. Vehicle owners will confirm their vehicles are not equipped
with a spare tire if, or when, there is a need for one. While some
owners may find this inconvenient, manufacturers are not required to
provide spare tires with vehicles they manufacture and sell. Therefore,
the agency agrees with Volkswagen and the commenters that this
noncompliance is inconsequential to motor vehicle safety.
In consideration of the Golf R vehicles where the placard specifies
an actual spare tire size and cold inflation pressure (T125/70R18
@420kPa/61PSI) instead of the word ``none'': The agency reviewed the
load carrying capacity associated with that tire size and inflation
pressure combination to ensure that it could meet the load requirements
for the vehicle's maximum loading, as specified by FMVSS No. 110, in
the event that a vehicle owner were to purchase and use that size tire
on the subject vehicle. If the spare tire information listed on the
placard was found to represent a tire and inflation pressure
combination inappropriate for the Golf R vehicles, the agency would
consider this noncompliance as consequential to motor vehicle safety.
However, that was not the case, the subject spare tire T125/70R18 at a
cold tire inflation pressure of 61 PSI has a much higher load carrying
capacity than the front and rear tires listed on the placard at the
listed inflation pressure (775 kg versus 580 kg \1\). In addition,
similar to the e-Golf owners, the Golf R vehicle owners will be able to
confirm that their vehicles are not equipped with a spare tire if, or
when, there is a need for one. Therefore, in the case of the Golf R
vehicles, the agency also agrees with Volkswagen and the commenters
that this noncompliance is inconsequential to motor vehicle safety.
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\1\ The European Tyre and Rim Technical Organisation, Standards
Manual, 2015
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Lastly, Volkswagen stated that they are not aware of any consumer
complaints, field communications, related to this noncompliance.
Volkswagen informed NHTSA that it has corrected the noncompliances of
the subject vehicles so that all production vehicles on and after
November 15, 2015 will fully comply with FMVSS No. 110.
NHTSA's Decision: In consideration of the foregoing analysis, NHTSA
finds that Volkswagen has met its burden of demonstrating that the
subject FMVSS No. 110 noncompliance in the affected vehicles is
inconsequential to motor vehicle safety. Accordingly, Volkswagen's
petition is hereby granted and Volkswagen is 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, 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
[[Page 28937]]
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. 2016-10916 Filed 5-9-16; 8:45 am]
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