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Volkswagen Group of America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance Publication: Federal Register Agency: National Highway Traffic Safety Administration Byline: Otto G. Matheke III Date: 19 May 2023 Subjects: American Government  , Safety
Topics: Audi, Volkswagen |
[Federal Register Volume 88, Number 97 (Friday, May 19, 2023)]
[Notices]
[Pages 32274-32275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10702]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2021-0092; Notice 2]
Volkswagen Group of 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.
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SUMMARY: Volkswagen Group of America, Inc., (Volkswagen), has
determined that certain model year (MY) 2021-2022 Volkswagen and Audi
motor vehicles do not fully comply with Federal Motor Vehicle Safety
Standard (FMVSS) No. 208, Occupant Crash Protection. Volkswagen filed
an original noncompliance report dated November 19, 2021, and later
amended the report on November 22, 2021, and December 1, 2021.
Volkswagen petitioned NHTSA on December 13, 2021, for a decision that
the subject noncompliance is inconsequential as it relates to motor
vehicle safety. This document announces the grant of Volkswagen's
petition.
FOR FURTHER INFORMATION CONTACT: Syed Rahaman, General Engineer, NHTSA,
Office of Vehicle Safety Compliance, (202) 366-1704.
SUPPLEMENTARY INFORMATION:
I. Overview: Volkswagen has determined that certain MY 2021-2022
Volkswagen and Audi motor vehicles do not fully comply with paragraphs
S4.5.1(f)(1), S4.5.1(f)(2)(ii), and S4.5.1(f)(2)(vii) of FMVSS No. 208,
Occupant Crash Protection (49 CFR 571.208).
Volkswagen filed an original noncompliance report dated November
19, 2021, and later amended the report on November 22, 2021, and
December 1, 2021, pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports. Volkswagen petitioned NHTSA on December 13,
2021, 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.
Notice of receipt of Volkswagen's petition was published with a 30-
day public comment period, on March 14, 2022, in the Federal Register
(87 FR 14322). No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System
(FDMS) website at https://www.regulations.gov/. Then follow the online
search instructions to locate docket number ``NHTSA-2021-0092.''
II. Vehicles Involved: Approximately 48,948 of the following
vehicles, manufactured between July 30, 2020, and November 18, 2021,
are potentially involved:
MY 2022 Volkswagen Taos
MY 2021 Volkswagen ID.4
MY 2022 Volkswagen Golf R A8
MY 2022 Volkswagen Golf GTI
MY 2022 Audi S3 Sedan
MY 2022 Audi A3 Sedan
III. Noncompliance: Volkswagen explains that the owner's manual for
the subject vehicles incorrectly states the length of time the
``Passenger Air Bag On'' light is illuminated while the air bag is
active and therefore, does not meet the requirements of paragraphs
S4.5.1(f)(1), S4.5.1(f)(2)(ii), and S4.5.1(f)(2)(vii) of FMVSS No. 208.
Specifically, when the air bag is activated, the ``Passenger Air Bag
On'' light will blink for 5 seconds, remain illuminated for 60 seconds,
and then go out. However, the owner's manual inaccurately states that
the light will remain illuminated permanently when the air bag is on.
IV. Rule Requirements: Paragraphs S4.5.1(f)(1), S4.5.1(f)(2)(ii),
and S4.5.1(f)(2)(vii) of FMVSS No. 208 include the requirements
relevant to this petition. The owner's manual for any vehicle equipped
with an inflatable restraint system shall include an accurate
description of the vehicle's air bag system in an easily understandable
format. The manufacturer is required to include in the vehicle owner's
manual a discussion of the advanced passenger air bag system installed
in the vehicle. The discussion must explain the proper functioning of
the advanced air bag system and provide a summary of the actions that
may affect the proper functioning of the system. The discussion shall
include accurate information on (1) an explanation of how the
components function together as part of the advanced passenger air bag
system and (2) a discussion of the telltale light, specifying its
location in the vehicle and explaining when the light is illuminated.
V. Summary of Volkswagen's Petition: The following views and
arguments presented in this section, ``V. Summary of Volkswagen's
Petition,'' are the views and arguments provided by Volkswagen. They do
not reflect the views of the Agency. Volkswagen
[[Page 32275]]
describes the subject noncompliance and contends that the noncompliance
is inconsequential as it relates to motor vehicle safety.
Volkswagen says that although the owner's manual does not
accurately state the duration of time that the ``Passenger Air Bag On''
light is illuminated, the light ``is neither required nor regulated''
by FMVSS No. 208. Volkswagen contends that although the light does not
remain illuminated, the ``system itself is switched on, is ready to
function, and is otherwise accurately described within the owner's
manual.''
Volkswagen explains that the owner's manual for the subject
vehicles ``provides an explanation of how the system's components
function together, as well as how the ``Passenger Air Bag Off'' light
functions,'' as required by FMVSS No. 208. Volkswagen further explains
that the owner's manual also provides ``a presentation and explanation
of the main components of the advanced passenger air bag system, an
explanation of how the components function, and the basic requirements
for proper operations, among other important relevant safety
information.''
Volkswagen notes that it has corrected the noncompliance for
vehicles still in its control by adding a supplemental page with the
accurate information into the owner's manual.
Volkswagen states that it is aware of one customer inquiry related
to the subject noncompliance which has been resolved but is not aware
of any accidents or injuries that have occurred as a result of the
subject noncompliance.
Volkswagen concludes by stating its belief that the subject
noncompliance is inconsequential as it relates to motor vehicle safety
and 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.
VI. NHTSA's Analysis: In determining inconsequentiality of a
noncompliance, NHTSA focuses on the safety risk to individuals who
experience the type of event against which a recall would otherwise
protect.\1\ In general, NHTSA does not consider the absence of
complaints or injuries when determining if a noncompliance is
inconsequential to safety. The absence of complaints does not mean
vehicle occupants have not experienced a safety issue, nor does it mean
that there will not be safety issues in the future.\2\
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\1\ See Gen. Motors, LLC; Grant of Petition for Decision of
Inconsequential Noncompliance, 78 FR 35355 (June 12, 2013) (finding
noncompliance had no effect on occupant safety because it had no
effect on the proper operation of the occupant classification system
and the correct deployment of an air bag); Osram Sylvania Prods.
Inc.; Grant of Petition for Decision of Inconsequential
Noncompliance, 78 FR 46000 (July 30, 2013) (finding occupant using
noncompliant light source would not be exposed to significantly
greater risk than occupant using similar compliant light source).
\2\ See Morgan 3 Wheeler Limited; Denial of Petition for
Decision of Inconsequential Noncompliance, 81 FR 21663, 21666 (Apr.
12, 2016); see also United States v. Gen. Motors Corp., 565 F.2d
754, 759 (D.C. Cir. 1977) (finding defect poses an unreasonable risk
when it ``results in hazards as potentially dangerous as sudden
engine fire, and where there is no dispute that at least some such
hazards, in this case fires, can definitely be expected to occur in
the future'').
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NHTSA agrees with Volkswagen that the Passenger Air Bag On
indicator is not required by FMVSS No. 208. The Passenger Air Bag Off
indicator is required by FMVSS No. 208 and appears to meet the
requirements, i.e., it remains illuminated and its functionality is
described accurately in the owner's manual.
As Volkswagen has stated, the vehicle itself functions as intended
for both the On and Off indicators. If Volkswagen had not implemented
the On indicator and had no owner's manual information for the On
indicator, there would not be a noncompliance. Further, if such a
situation existed, there would be no degradation to safety as it
relates to the FMVSSs.
If the air bag was inactive, by either the vehicle determining air
bag suppression is necessary or by the seat being unoccupied, the Off
indicator would then illuminate and remain illuminated. This provides
clear communication to the vehicle occupants.
The disparity between the behavior of the On indicator and the
description of its operation in the vehicle owner's manual may cause
confusion to owners who carefully review that document as it could lead
them to the belief that the air bag is not in an On condition when in
fact it is. While the existence of this disparity is a matter of
concern and may have customer satisfaction consequences for the
manufacturer, NHTSA does not find that a safety consequence exists in
this case.
NHTSA has evaluated the merits of the inconsequential noncompliance
petition submitted by Volkswagen and has determined that this
particular noncompliance is inconsequential to motor vehicle safety.
The inaccurate owner's manual description for the non-required
Passenger Air Bag On indicator is inconsequential to the safety of the
vehicles listed above. This does not imply that all inaccurate owner's
manual descriptions would be considered inconsequential, but rather
NHTSA agrees that this particular case is inconsequential.
VII. NHTSA's Decision: In consideration of the foregoing, NHTSA
finds that Volkswagen has met its burden of persuasion that the subject
FMVSS No. 208 noncompliance in the affected vehicles is inconsequential
to motor vehicle safety. Accordingly, Volkswagen's petition is hereby
granted, and Volkswagen is consequently 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, this decision
only applies to the subject vehicles that Volkswagen 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 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. 2023-10702 Filed 5-18-23; 8:45 am]
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