Volkswagen Group of America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance |
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Topics: Audi A6, Audi A7
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Otto G. Matheke III
National Highway Traffic Safety Administration
21 August 2019
[Federal Register Volume 84, Number 162 (Wednesday, August 21, 2019)]
[Notices]
[Pages 43660-43661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17948]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2019-0030; 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.
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SUMMARY: Volkswagen Group of America, Inc., (Volkswagen) has determined
that certain model year (MY) 2019 Audi A6 and Audi A7 motor vehicles do
not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No.
135, Light Vehicle Brake Systems. Volkswagen filed a noncompliance
report dated March 27, 2019, and subsequently petitioned NHTSA on April
17, 2019, for a decision that the subject noncompliance is
inconsequential as it relates to motor vehicle safety. This notice
announces receipt of Volkswagen's petition.
DATES: Send comments on or before September 20, 2019.
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 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).
SUPPLEMENTARY INFORMATION:
I. Overview
Volkswagen has determined that certain MY 2019 Audi A6 and Audi A7
motor vehicles do not fully comply with the requirements of paragraph
S5.4.3 of FMVSS No. 135, Light Vehicle Brake Systems (49 CFR 571.135).
Volkswagen filed a noncompliance report dated March 27, 2019, pursuant
to 49 CFR part 573, Defect and Noncompliance Responsibility and
Reports, and subsequently petitioned NHTSA on April 17, 2019, 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, pursuant to 49 U.S.C. 30118(d) and
30120(h) and 49 CFR part 556, Exemption for Inconsequential Defect or
Noncompliance.
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.
[[Page 43661]]
II. Vehicles Involved
Approximately 3,908 MY 2019 Audi A6 and Audi A7 vehicles
manufactured between July 27, 2018, and November 6, 2018, are
potentially involved.
III. Noncompliance
Volkswagen explains that the noncompliance is that a small number
of the affected vehicles may have a European-specification brake fluid
reservoir cap instead of the one required for the North American/United
States market as required by paragraph S5.4.3 of FMVSS No. 135.
Specifically, the subject brake fluid reservoir caps may not include
the required warning label.
IV. Rule Requirements
Paragraph S5.4.3 of FMVSS 135, includes the requirements relevant
to this petition. Each vehicle equipped with hydraulic brakes shall
have a brake fluid warning statement that reads as follows, in letters
at least 3.2 mm (\1/8\ inch) high: ``WARNING: Clean filler cap before
removing. Use only ______fluid from a sealed container.'' (Inserting
the recommended type of brake fluid as specified in 49 CFR 571.116,
e.g., ``DOT 3.'' The lettering shall be permanently affixed, engraved,
or embossed, located so as to be visible by direct view, either on or
within 100 mm (3.94 inches) of the brake fluid reservoir filler plug or
cap, and of a color that contrasts with its background, if it is not
engraved or embossed.
V. Summary of 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 submitted the following
reasoning:
1. The brake fluid cap shows clearly the specification of brake
fluid required.
2. The brake fluid cap conforms to the requirements of
ISO9128:2006, which is a requirement of UN-ECE Regulations 13 and 13h.
3. Volkswagen asserts that NHTSA has previously granted the
following petitions to accept ISO symbols in the absence of FMVSS
labelling.
(a) Jaguar Land Rover petition regarding light vehicle brake
systems, re: Brake fluid cap (84 FR 13095,13098);
(b) Ford petition regarding controls and displays including brake
system-related telltales (78 FR 69931, 69932); and
(c) Hyundai petition regarding lower anchorage identification (73
FR 38290, 38291).
4. Volkswagen states that the brake fluid cap provides clear
symbols including one for caution and one for referring to owner manual
instructions. The manual indicates the proper brake fluid specification
for use in the vehicle.
5. Service to the brake system involving an exchange of the brake
fluid is not a standard maintenance activity for an owner/user. Repairs
to the brake system, which includes evacuating and refilling the brake
fluid, requires basic technical knowledge regarding the brake system
and should be performed by a trained technician.
6. Volkswagen has not received any field or customer complaints
related to this condition.
7. Volkswagen has not received notification of any accidents or
injuries resulting from this issue.
Volkswagen's complete petition and all supporting documents are
available by logging onto the Federal Docket Management System (FDMS)
website at https://www.regulations.gov and by following the online
search instructions to locate the docket number as listed in the title
of this notice.
Volkswagen 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 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).
Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2019-17948 Filed 8-20-19; 8:45 am]
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