81 FR 28935 - Volkswagen Group of America, Grant of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 81, Issue 90 (May 10, 2016)
National Highway Traffic Safety Administration
Federal Register Volume 81, Issue 90 (May 10, 2016)
| Page Range | 28935-28937 | |
| FR Document | 2016-10916 |
[Federal Register Volume 81, Number 90 (Tuesday, May 10, 2016)] [Notices] [Pages 28935-28937] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-10916] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \1\ The European Tyre and Rim Technical Organisation, Standards Manual, 2015 --------------------------------------------------------------------------- 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] BILLING CODE 4910-59-P
![Federal Register / Vol. 81, No. 90 / Tuesday, May 10, 2016 / Notices 28935
operations during a forecast period that FAR Part 150. Such determination does Issued in Camp Hill, PA on May 3, 2016.
is at least five (5) years in the future, and not constitute approval of the Lori K. Pagnanelli,
the ways in which such operations will applicant’s data, information or plans; Manager, Harrisburg Airports District Office,
affect such maps. The Act requires such or a commitment to approve a noise Eastern Region.
maps to be developed in consultation compatibility program or to fund the [FR Doc. 2016–10979 Filed 5–9–16; 8:45 am]
with interested and affected parties in implementation of that program. If BILLING CODE 4910–13–P
the local community, government questions arise concerning the precise
agencies, and persons using the airport. relationship of specific properties to
An airport operator who has submitted noise exposure contours depicted on a DEPARTMENT OF TRANSPORTATION
noise exposure maps that are found by
noise exposure map submitted under
FAA to be in compliance with the National Highway Traffic Safety
Section 47503 of the Act, it should be Administration
requirements of Federal Aviation
Regulations (FAR) Part 150, noted that the FAA is not involved in
promulgated pursuant to the Act, may any way in determining the relative
[Docket No. NHTSA–2015–0123; Notice 2]
submit a noise compatibility program locations of specific properties with
for FAA approval which sets forth the regard to the depicted noise contours, or Volkswagen Group of America, Grant
measures the operator has taken or in interpreting the noise exposure maps of Petition for Decision of
proposes to take to reduce existing non- to resolve questions concerning, for Inconsequential Noncompliance
compatible uses and prevent the example, which properties should be
introduction of additional non- covered by the provisions of Section AGENCY: National Highway Traffic
compatible uses. 47506 of the Act. These functions are Safety Administration (NHTSA),
The FAA has completed its review of inseparable from the ultimate land use Department of Transportation (DOT).
the noise exposure maps and control and planning responsibilities of ACTION: Grant of petition.
accompanying documentation local government. These local
submitted by the Susquehanna Regional responsibilities are not changed in any SUMMARY: Volkswagen Group of
Airport Authority. The documentation way under Part 150 or through FAA’s America (Volkswagen) has determined
that constitutes the ‘‘Noise Exposure review of noise exposure maps. that certain model year (MY) 2015–2016
Maps’’ (NEM) as defined in Section Therefore, the responsibility for the Volkswagen passenger cars do not fully
150.7 of Part 150 includes: 2015 Base detailed overlaying of noise exposure comply with paragraph S4.3(c) and
Year NEM Figure (3–1) and 2020 Future S4.3(d) of Federal Motor Vehicle Safety
contours onto the map depicting
Year NEM Figure (4–1). The Noise Standard (FMVSS) No. 110, Tire
Exposure Maps contain current and properties on the surface rests
exclusively with the airport operator Selection and Rims and Motor Home/
forecast information, including the Recreation Vehicle Trailer Load
depiction of the airport and its that submitted those maps, or with
those public agencies and planning Carrying Capacity Information for Motor
boundaries, the runway configurations,
agencies with which consultation is Vehicles with a GVWR of 4,536
and land uses such as residential, open
required under Section 47503 of the kilograms (10,000 pounds) or Less.
space, commercial/office, community
Act. The FAA has relied on the Volkswagen filed a report dated
facilities, libraries, churches, open
certification by the airport operator, November 25, 2015, pursuant to 49 CFR
space, infrastructure, vacant and
under Section 150.21 of FAR Part 150, part 573, Defect and Noncompliance
warehouse and those areas within the
Responsibility and Reports. Volkswagen
Day Night Average Sound Level (DNL) that the statutorily required consultation
then petitioned NHTSA under 49 CFR
65, 70 and 75 noise contours. Estimates has been accomplished.
part 556 requesting a decision that the
for the area within these contours for Copies of the full noise exposure map
the 2015 Base Year are shown in Table subject noncompliance is
documentation and of the FAA’s inconsequential to motor vehicle safety.
3–1 and Table 4–1; and in Chapters 3
evaluation of the maps are available for
and 4 of the NEM. Estimates of the ADDRESSES: For further information on
examination at the following locations:
future residential population within the this decision contact Kerrin Bressant,
2020 Future Year noise contours are Federal Aviation Administration, Office of Vehicles Safety Compliance,
shown in Table 4–1 and in Chapter 4 of Eastern Region, Airports Division, the National Highway Traffic Safety
the NEM. Appendix E, Figure E–1, AEA–600, 1 Aviation Plaza, Jamaica, Administration (NHTSA), telephone
displays the location of noise New York 11434. (202) 366–1110, facsimile (202) 366–
monitoring sites. Flight tracks for the 3081.
existing and the five-year forecast Noise Federal Aviation Administration,
Exposure Maps are found in Chapter 2 Harrisburg Airports District Office, SUPPLEMENTARY INFORMATION:
and Appendix F. The type and 3905 Hartzdale Drive, Suite 508,
I. Overview
frequency of aircraft operations Camp Hill, PA 17011.
(including nighttime operations) are Susquehanna Area Regional Aiport Pursuant to 49 U.S.C. 30118(d) and
found in Appendix F, Tables F–1 Authority, One Terminal Drive, Suite 30120(h) and the rule implementing
through and F–3. The FAA has 300, Middletown, PA 17057. those provisions at 49 CFR part 556,
determined that these noise exposure Volkswagen submitted a petition for an
FOR FURTHER INFORMATION CONTACT: exemption from the notification and
asabaliauskas on DSK3SPTVN1PROD with NOTICES
maps and accompanying documentation
are in compliance with applicable Harrisburg Airports District Office (HAR remedy requirements of 49 U.S.C.
requirements. This determination is ADO), Susan L. McDonald, Chapter 301 on the basis that this
effective on May 3, 2016. Environmental Protection Specialist, noncompliance is inconsequential to
FAA’s determination on an airport Federal Aviation Administration, HAR motor vehicle safety. Notice of receipt of
operator’s noise exposure maps is ADO, 3905 Hartzdale Drive, Suite 508, the petition was published, with a 30-
limited to a finding that the maps were Camp Hill, PA 17011, Telephone: (717) day public comment period, on March
developed in accordance with the 730–2830. 1, 2016 in the Federal Register (81 FR
procedures contained in Appendix A of 10715). Two comments were received.
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![Federal Register / Vol. 81, No. 90 / Tuesday, May 10, 2016 / Notices 28937
petition does not relieve vehicle financial system and the benefits of the WAKED MONEY LAUNDERING
distributors and dealers of the trade and transactions involving U.S. ORGANIZATION and/or Abdul Mohamed
prohibitions on the sale, offer for sale, companies and individuals. WAKED FARES, and/or being controlled or
The Kingpin Act blocks all property directed by, or acting for or on behalf of,
or introduction or delivery for Abdul Mohamed WAKED FARES, Mohamed
introduction into interstate commerce of and interests in property, subject to U.S. Abdo WAKED DARWICH, and/or GRUPO
the noncompliant vehicles under their jurisdiction, owned or controlled by WISA, S.A., and therefore meets the criteria
control after Volkswagen notified them significant foreign narcotics traffickers for designation pursuant to sections 805(b)(2)
that the subject noncompliance existed. as identified by the President. In and/or (3) of the Kingpin Act, 21 U.S.C.
addition, the Kingpin Act provides that 1904(b)(2) and/or (3).
Authority: 49 U.S.C. 30118, 30120: 3. WAKED DARWICH, Mohamed Abdo
Delegations of authority at 49 CFR 1.95 and the Secretary of the Treasury, in
consultation with the Attorney General, (a.k.a. WAKED DARWICH, Hamudi); DOB 30
501.8. Aug 1977; POB Colombia; citizen Panama;
the Director of the Central Intelligence Cedula No. N–19–828 (Panama) (individual)
Jeffrey M. Giuseppe, Agency, the Director of the Federal [SDNTK] (Linked To: WAKED MONEY
Director, Office of Vehicle Safety Compliance. Bureau of Investigation, the LAUNDERING ORGANIZATION).
[FR Doc. 2016–10916 Filed 5–9–16; 8:45 am] Administrator of the Drug Enforcement Designated for being controlled or directed
BILLING CODE 4910–59–P Administration, the Secretary of by, or acting for or on behalf of, the WAKED
Defense, the Secretary of State, and the MONEY LAUNDERING ORGANIZATION
Secretary of Homeland Security, may and Abdul Mohamed WAKED FARES, and
therefore meets the criteria for designation
DEPARTMENT OF THE TREASURY designate and block the property and
pursuant to section 805(b)(3) of the Kingpin
interests in property, subject to U.S. Act, 21 U.S.C. 1904(b)(3).
Office of Foreign Assets Control jurisdiction, of persons who are found 4. WAKED FARES, Abdul Mohamed; DOB
to be: (1) Materially assisting in, or 19 Dec 1949; alt. DOB 09 Dec 1949; POB
Additional Designations, Foreign providing financial or technological Kamed El Louz, Lebanon; citizen Panama;
Narcotics Kingpin Designation Act support for or to, or providing goods or alt. citizen Lebanon; alt. citizen Colombia;
services in support of, the international Cedula No. N–19–804 (Panama); Passport
AGENCY: Office of Foreign Assets 1640816 (Panama) (individual) [SDNTK]
Control, Treasury. narcotics trafficking activities of a
(Linked To: WAKED MONEY LAUNDERING
ACTION: Notice.
person designated pursuant to the ORGANIZATION). Designated for playing a
Kingpin Act; (2) owned, controlled, or significant role in international narcotics
SUMMARY: The U.S. Department of the directed by, or acting for or on behalf of, trafficking, and therefore meets the criteria
Treasury’s Office of Foreign Assets a person designated pursuant to the for designation pursuant to section 805(b)(4)
Control (OFAC) is publishing the names Kingpin Act; or (3) playing a significant of the Kingpin Act, 21 U.S.C. 1904(b)(4).
of eight individuals and 69 entities role in international narcotics 5. WAKED HATUM, Jalal Ahmed (a.k.a.
trafficking. WAKED HATOUM, Jalal); DOB 18 Oct 1976;
whose property and interests in
On May 5, 2016, the Acting Director POB Colombia; citizen Panama; alt. citizen
property have been blocked pursuant to Colombia; Cedula No. 3–700–2344 (Panama);
the Foreign Narcotics Kingpin of OFAC designated the following eight Passport 0091672 (Panama); alt. Passport
Designation Act (Kingpin Act), 21 individuals and 69 entities whose 1426177 (Panama); alt. Passport 1706460
U.S.C. 1901–1908, 8 U.S.C. 1182. property and interests in property are (Panama) (individual) [SDNTK] (Linked To:
DATES: The designations by the Acting blocked pursuant to section 805(b) of WAKED MONEY LAUNDERING
Director of OFAC of the eight the Kingpin Act. ORGANIZATION). Designated for materially
assisting in, or providing financial or
individuals and 69 entities identified in Individuals technological support for or to, or providing
this notice pursuant to section 805(b) of goods or services in support of, the
1. CASTRO MONTOTO, Norman Douglas;
the Kingpin Act are effective on May 5, DOB 06 Jul 1962; citizen Panama; Passport international narcotics trafficking activities of
2016. 1871296 (Panama) (individual) [SDNTK] the WAKED MONEY LAUNDERING
FOR FURTHER INFORMATION CONTACT: (Linked To: WAKED MONEY LAUNDERING ORGANIZATION and/or Nidal Ahmed
Assistant Director, Sanctions ORGANIZATION). Designated for materially WAKED HATUM, and/or being controlled or
Compliance & Evaluation, Office of assisting in, or providing financial or directed by, or acting for or on behalf of, the
technological support for or to, or providing WAKED MONEY LAUNDERING
Foreign Assets Control, U.S. Department ORGANIZATION and/or Nidal Ahmed
goods or services in support of, the
of the Treasury, Washington, DC 20220, international narcotics trafficking activities of WAKED HATUM, and therefore meets the
Tel: (202) 622–2490. the WAKED MONEY LAUNDERING criteria for designation pursuant to sections
SUPPLEMENTARY INFORMATION: ORGANIZATION and/or Nidal Ahmed 805(b)(2) and/or (3) of the Kingpin Act, 21
WAKED HATUM, and/or being controlled or U.S.C. 1904(b)(2) and/or (3).
Electronic and Facsimile Availability directed by, or acting for or on behalf of, the 6. WAKED HATUM, Ali; DOB 28 Aug
This document and additional WAKED MONEY LAUNDERING 1972; Cedula No. N–19–612 (Panama)
information concerning OFAC are ORGANIZATION and/or Nidal Ahmed (individual) [SDNTK] (Linked To: WAKED
WAKED HATUM, and therefore meets the MONEY LAUNDERING ORGANIZATION).
available on OFAC’s Web site at http:// criteria for designation pursuant to sections Designated for materially assisting in, or
www.treasury.gov/ofac or via facsimile 805(b)(2) and/or (3) of the Kingpin Act, 21 providing financial or technological support
through a 24-hour fax-on-demand U.S.C. 1904(b)(2) and/or (3). for or to, or providing goods or services in
service at (202) 622–0077. 2. TOUZARD ROMO, Lucia, Ave. Samuel support of, the international narcotics
Lewis y Calle 54, Urb. Obarrio Torre trafficking activities of the WAKED MONEY
Background Generali, piso 11, Apartado 0831–02–513, LAUNDERING ORGANIZATION and/or
asabaliauskas on DSK3SPTVN1PROD with NOTICES
The Kingpin Act became law on Panama, Panama; DOB 24 Jan 1971; POB Nidal Ahmed WAKED HATUM, and/or being
December 3, 1999. The Kingpin Act Panama; citizen Panama; Passport 0159068 controlled or directed by, or acting for or on
provides a statutory framework for the (Panama) (individual) [SDNTK] (Linked To: behalf of, the WAKED MONEY
WAKED MONEY LAUNDERING LAUNDERING ORGANIZATION and/or
imposition of sanctions against ORGANIZATION). Designated for materially Nidal Ahmed WAKED HATUM, and
significant foreign narcotics traffickers assisting in, or providing financial or therefore meets the criteria for designation
and their organizations on a worldwide technological support for or to, or providing pursuant to sections 805(b)(2) and/or (3) of
basis, with the objective of denying their goods or services in support of, the the Kingpin Act, 21 U.S.C. 1904(b)(2) and/or
businesses and agents access to the U.S. international narcotics trafficking activities of (3).
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Document Created: 2016-05-10 05:18:46
Document Modified: 2016-05-10 05:18:46
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Grant of petition. | |
| FR Citation | 81 FR 28935 |
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