81 FR 74500 - Volkswagen Group of America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 81, Issue 207 (October 26, 2016)

Page Range		74500-74501
FR Document		2016-25802

Volkswagen Group of America , Inc. (Volkswagen), has determined that certain model year (MY) 2016 Volkswagen eGolf motor vehicles do not fully comply with paragraph S6.5.3.2 of Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, reflective devices and associated equipment. Volkswagen filed a report dated September 16, 2016, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. Volkswagen then petitioned NHTSA under 49 CFR part 556 for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety.

Federal Register, Volume 81 Issue 207 (Wednesday, October 26, 2016)

[Federal Register Volume 81, Number 207 (Wednesday, October 26, 2016)]
[Notices]
[Pages 74500-74501]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-25802]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0102; 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) 2016 Volkswagen eGolf motor
vehicles do not fully comply with paragraph S6.5.3.2 of Federal Motor
Vehicle Safety Standard (FMVSS) No. 108, Lamps, reflective devices and
associated equipment. Volkswagen filed a report dated September 16,
2016, pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports. Volkswagen then petitioned NHTSA under 49
CFR part 556 for a decision that the subject noncompliance is
inconsequential as it relates to motor vehicle safety.

DATES: The closing date for comments on the petition is November 25,
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 in the title 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 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.
The petition, supporting materials, and all comments 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 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 documents 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

Pursuant to 49 U.S.C. 30118(d) and 30120(h) and their implementing
regulations 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 as
it relates to motor vehicle safety.
This notice of receipt of Volkswagen's petition is published under
49 U.S.C.

[[Page 74501]]

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 1,967 MY 2016 Volkswagen eGolf motor vehicles
manufactured between June 25, 2015, and September 14, 2016.

III. Noncompliance

Volkswagen explains that the noncompliance is due to a labeling
error. The affected vehicles are equipped with halogen headlamps that
are missing the required operation voltage label on the headlamp
assembly and therefore do not meet the requirements specified in
paragraph S6.5.3.2 of FMVSS No. 108.

IV. Rule Text

Paragraph S6 .5.3.2 of FMVSS No. 108 states:

S6.5.3.2 Voltage and trade number. Each original and replacement
equipment headlamp , and each original and replacement equipment
beam contributor must be marked with its voltage and with its part
or trade number.

V. Summary of Volkswagen's 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 stated that the correct
halogen bulb specification is denoted on the headlamp glass lens, as
required, as well as on the headlamp label and in service literature,
etc. The halogen light bulb type implicitly carries the voltage
specification, as the designated H7 bulb is always a 12V halogen light
bulb. Additionally, the halogen light bulb socket is mechanically coded
and will not accept the fitment of a replacement light bulb of
incorrect specification. As such, no safety risk is present, even
though there is a noncompliance with FMVSS No. 108 regulatory
requirements.
Volkswagen concluded by expressing the belief that the subject
noncompliance presents no risk and 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)

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016-25802 Filed 10-25-16; 8:45 am]
BILLING CODE 4910-59-P

$Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / Notices 74501 30118 and 30120 and does not represent V. Summary of Volkswagen’s Petition NHTSA notes that the statutory any agency decision or other exercise of Volkswagen described the subject provisions (49 U.S.C. 30118(d) and judgment concerning the merits of the noncompliance and stated its belief that 30120(h)) that permit manufacturers to petition. the noncompliance is inconsequential file petitions for a determination of as it relates to motor vehicle safety. inconsequentiality allow NHTSA to II. Vehicles Involved In support of its petition, Volkswagen exempt manufacturers only from the Affected are 1,967 MY 2016 stated that the correct halogen bulb duties found in sections 30118 and Volkswagen eGolf motor vehicles specification is denoted on the 30120, respectively, to notify owners, manufactured between June 25, 2015, headlamp glass lens, as required, as well purchasers, and dealers of a defect or and September 14, 2016. as on the headlamp label and in service noncompliance and to remedy the literature, etc. The halogen light bulb defect or noncompliance. Therefore, any III. Noncompliance type implicitly carries the voltage decision on this petition only applies to specification, as the designated H7 bulb the subject vehicles that Volkswagen no Volkswagen explains that the is always a 12V halogen light bulb. longer controlled at the time it noncompliance is due to a labeling Additionally, the halogen light bulb determined that the noncompliance error. The affected vehicles are socket is mechanically coded and will existed. However, any decision on this equipped with halogen headlamps that not accept the fitment of a replacement petition does not relieve vehicle are missing the required operation light bulb of incorrect specification. As distributors and dealers of the voltage label on the headlamp assembly such, no safety risk is present, even prohibitions on the sale, offer for sale, and therefore do not meet the though there is a noncompliance with or introduction or delivery for requirements specified in paragraph FMVSS No. 108 regulatory introduction into interstate commerce of S6.5.3.2 of FMVSS No. 108. requirements. the noncompliant vehicles under their IV. Rule Text Volkswagen concluded by expressing control after Volkswagen notified them the belief that the subject that the subject noncompliance existed. Paragraph S6 .5.3.2 of FMVSS No. 108 noncompliance presents no risk and is Authority: (49 U.S.C. 30118, 30120: states: inconsequential as it relates to motor delegations of authority at 49 CFR 1.95 and S6.5.3.2 Voltage and trade number. Each vehicle safety, and that its petition to be 501.8) original and replacement equipment exempted from providing notification of the noncompliance, as required by 49 Jeffrey M. Giuseppe, headlamp , and each original and replacement equipment beam contributor U.S.C. 30118, and a remedy for the Director, Office of Vehicle Safety Compliance. must be marked with its voltage and with its noncompliance, as required by 49 [FR Doc. 2016–25802 Filed 10–25–16; 8:45 am] part or trade number. U.S.C. 30120, should be granted. BILLING CODE 4910–59–P asabaliauskas on DSK3SPTVN1PROD with NOTICES VerDate Sep<11>2014 18:25 Oct 25, 2016 Jkt 241001 PO 00000 Frm 00111 Fmt 4703 Sfmt 9990 E:\FR\FM\26OCN1.SGM 26OCN1$

Document Created: 2016-10-26 02:17:32
Document Modified: 2016-10-26 02:17:32

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		Receipt of petition.
Dates		The closing date for comments on the petition is November 25, 2016.
FR Citation		81 FR 74500

81 FR 74500 - Volkswagen Group of America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATIONNational Highway Traffic Safety Administration

Federal Register Volume 81, Issue 207 (October 26, 2016)

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration