81_FR_88964 81 FR 88728 - Volkswagen Group of America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance

81 FR 88728 - Volkswagen Group of America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 81, Issue 236 (December 8, 2016)

Page Range88728-88729
FR Document2016-29375

Volkswagen Group of America, Inc. (Volkswagen), has determined that certain model year (MY) 2016 Volkswagen Beetle Convertible passenger cars do not fully comply with 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 defect report dated February 23, 2016. Volkswagen then petitioned NHTSA on March 15, 2016, for a decision that the subject noncompliance is inconsequential to motor vehicle safety.

Federal Register, Volume 81 Issue 236 (Thursday, December 8, 2016) 
[Federal Register Volume 81, Number 236 (Thursday, December 8, 2016)]
[Notices]
[Pages 88728-88729]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29375]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0028; 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) 2016 Volkswagen Beetle Convertible 
passenger cars do not fully comply with Federal Motor Vehicle Safety 
Standard (FMVSS) No. 110, Tire Selection and Rims and Motor Home/

[[Page 88729]]

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 defect report dated February 23, 2016. Volkswagen 
then petitioned NHTSA on March 15, 2016, for a decision that the 
subject noncompliance is inconsequential to motor vehicle safety.

ADDRESSES: For further information on this decision please contact 
Kerrin Bressant, Office of Vehicle Safety Compliance, the National 
Highway Traffic Safety Administration (NHTSA), telephone (202) 366-
1110.

SUPPLEMENTARY INFORMATION: 

I. Overview

    Volkswagen Group of America, Inc. (Volkswagen), has determined that 
certain model year (MY) 2016 Volkswagen Beetle Convertible passenger 
cars do not fully comply with paragraph 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 February 23, 2016, 
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility 
and Reports. Volkswagen also petitioned NHTSA on March 15, 2016, under 
49 CFR part 556 for a decision that the subject noncompliance is 
inconsequential to motor vehicle safety.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule 
implementing those provisions at 49 CFR part 556, Volkswagen has 
petitioned 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.
    The notice of receipt of Volkswagen's petition was published, with 
a 30-day public comment period, on June 14, 2016 in the Federal 
Register (81 FR 38772). No comments were received. To view the petition 
and all supporting documents log onto the Federal Docket Management 
System (FDMS) Web site at: http://www.regulations.gov/. Then follow the 
online search instructions to locate docket number ``NHTSA-2016-0028.''

II. Vehicles Involved

    Affected are approximately 325 MY 2016 Volkswagen Beetle 
Convertible passenger vehicles that were manufactured between June 18, 
2015, and November 9, 2015.

III. Noncompliance

    Volkswagen stated that the subject vehicles have a Tire Placard 
Label that is misprinted with an incorrect tire size as compared to the 
tires the vehicle was equipped with and therefore does not fully 
conform to paragraph S4.3(d) of FMVSS No. 110.

IV. Rule Text

    Paragraph S4.3(d) of FMVSS No. 110 requires, 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) through (i), on a placard permanently affixed 
to the driver's side B-pillar . . .
    (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 Petition

    Volkswagen described the subject noncompliance and stated its 
belief that the noncompliance is inconsequential to motor vehicle 
safety for the following reasons:
    (1) Volkswagen stated that the condition described (tire placard 
with an incorrect label size on it) would not adversely affect the tire 
and loading capability of the vehicle.
    (2) Volkswagen stated that the loading and combined weight 
information was printed correctly on both versions of the Tire Placard 
Label.

NHTSA's Decision:

    NHTSA's Analysis: The intent of FMVSS No. 110 is to ensure that 
vehicles are equipped with tires appropriate to handle maximum vehicle 
loads and prevent overloading. Utilizing the ETRTO Tire and Rim 
Association Manual of 2016, NHTSA has confirmed that the incorrectly 
listed size tires would still have a load capacity sufficient to 
support the listed weight limitation of occupants and cargo which is 
printed on the Vehicle Placard label. Both the installed original 
equipment manufacturer (OEM) tires on the vehicle and the installation 
of the incorrect sized tires listed on the subject vehicle's vehicle 
placard (tire and loading information label) when inflated to the 
label's recommended cold inflation pressure are appropriate to handle 
the vehicle maximum loads. Consequently, the subject noncompliance 
should not cause any unsafe conditions associated with the incorrect 
tire size listed on the Vehicle Placard label. Therefore, NHTSA agrees 
with Volkswagen that the incorrect tire size listed on the Vehicle 
Placard label does not have any adverse safety implications.
    NHTSA's Decision: In consideration of the foregoing, NHTSA finds 
that Volkswagen has met its burden of persuasion 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 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.

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016-29375 Filed 12-7-16; 8:45 am]
BILLING CODE 4910-59-P

88728 Federal Register / Vol. 81, No. 236 / Thursday, December 8, 2016 / Notices in interstate commerce (76 FR 71112; 77 Clair H. Gilmore (WA) Gilbert N. Fugate (IN) FR 532; 80 FR 81667): Michael Kollos (MN) Scott C. Garbiel (ME) Mark A. Aspden (MA) Daniel T. Lindahl (WI) Charles D. Grant (GA) Rodney C. Backus (NY) James F. McSweeney (NH) William F. Hamann (KY) Gary L. Breitenbach (SC) Eric W. Miller (IN) Jerry J. Klosterman (OH) Gerald R. Curran (PA) William J. Rodgers (PA) Joseph E. Kolb (NY) Matthew G. Denisov (NC) Mark A. Rosenau (MN) Matthew D. Lee (VA) Shawn K. Fleming (PA) Daniel B. Shaw (FL) Craig A. Lemponen (OH) Steven W. Gerling (IA) John C. Thomas (IN) Matthew P. Ludwig (NY) Jackie D. Greenlee (MO) Richard Wasko (FL) Keith B. Masters (NH) Gregory L. Horton (GA) Douglas E. Wilhoit (PA) Eli J. Meekhof (MI) Justin W. Jackson (OK) Richard A. Wilk (OH) Jeffrey A. Olson (IA) David T. Kylander (MO) Thomas A. Young (TX) Marvin H. Patterson III (SC) Kevin A. Perdue (MD) The drivers were included in Docket Brandon C. Rhinehart (MD) Michael E. Pleak (IN) No. FMCSA–2013–0190. Their Donald R. Sine, Jr. (WV) Sarah M. Powell (NM) exemptions are effective as of January Dennis E. Taunton (ID) James G. Rahn (IA) 23, 2016 and will expire on January 23, Phillip A. Trent (VA) Christopher C. Stephenson (KS) 2018. Deborah D. Watson (MI) Ward A. Stone (WI) As of January 28, 2016, the following Ronnie C. Webb (MT) Todd J. Timmerman (WI) 25 individuals have satisfied the Richard L. White (MS) The drivers were included in Docket renewal conditions for obtaining an No. FMCSA–2013–0191. Their Paul A. Wright (NY) exemption from the rule prohibiting exemptions are effective as of January The drivers were included in Docket drivers with ITDM from driving CMVs 29, 2016 and will expire on January 29, No. FMCSA–2011–0300. Their in interstate commerce (74 FR 65836; 75 2018. exemptions are effective as of January 5, FR 4622; 80 FR 81667): In accordance with 49 U.S.C. 31315, 2016 and will expire on January 5, 2018. Bob A. Bauer (WI) each exemption will be valid for two As of January 11, 2016, the following Michael P. Berger (ND) years from the effective date unless 24 individuals have satisfied the William D. Blosch (GA) revoked earlier by FMCSA. The renewal conditions for obtaining an Victor M. Brunner (WI) exemption will be revoked if the exemption from the rule prohibiting Tom L. Cooley (KS) following occurs: (1) The person fails to drivers with ITDM from driving CMVs Wallace E. Crouse, Jr. (MA) comply with the terms and conditions in interstate commerce (74 FR 55890; 75 Robert G. Dohman, Jr. (ND) of the exemption; (2) the exemption has FR 1449; 80 FR 81667): Danny E. Edmondson (GA) resulted in a lower level of safety than Eric M. Butz (OH) Andrew C. Everett (AZ) was maintained prior to being granted; Rita A. Cefaratti (CT) Wendell G. Fordham (GA) or (3) continuation of the exemption Gerald F. Crowley (NY) Eugene G. Friedman (NJ) would not be consistent with the goals Scott J. Denham (MN) Donald W. Hansen (ND) and objectives of 49 U.S.C. 31136 and Larry E. Dickerson (GA) Joseph S. Hernandez (NM) 31315. Lance W. Essex (OH) Jordan T. Johnston (IN) David E. Ginter (PA) Issued on: November 25, 2016. Jere W. Kirkpatrick (OH) William H. Goebel (IA) Kyle A. Leach (NE) Larry W. Minor, Joseph L. Gray III (PA) Associate Administrator for Policy. Robert J. Lewis, Jr. (VT) Ryan R. Harris (IA) [FR Doc. 2016–29409 Filed 12–7–16; 8:45 am] Stacy R. Oberholzer (PA) Carroll J. Hartsell (WV) Michael S. Ogle (GA) BILLING CODE 4910–EX–P Keith M. Huels (AZ) Walter L. Patrick (TN) Daniel R. Jackson (PA) Curtis W. Keelin, Jr. (WY) Clifford A. Peters (IL) Richard L. Piercefield, Sr. (MI) DEPARTMENT OF TRANSPORTATION Patrick J. Krueger (WI) Tammy Lynn F. Manuel (SC) Kevin A. Roginski (PA) National Highway Traffic Safety Francisco J. Martinez (MA) Bruce M. Stockton (MO) Administration Andrew W. Myer (NE) Todd R. Vickers (MD) Chad A. Nelson (UT) The drivers were included in Docket [Docket No. NHTSA–2016–0028; Notice 2] David W. Olson (AZ) No. FMCSA–2009–0290. Their exemptions are effective as of January Volkswagen Group of America, Inc., Mark E. Pascoe (WI) 28, 2016 and will expire on January 28, Grant of Petition for Decision of Terry L. Riddell (IN) Roger L. Summerfield (WI) 2018. Inconsequential Noncompliance Jimmy P. Wright (TX) As of January 29, 2016, the following AGENCY: National Highway Traffic The drivers were included in Docket 25 individuals have satisfied the Safety Administration (NHTSA), No. FMCSA–2009–0289. Their renewal conditions for obtaining an Department of Transportation (DOT). exemptions are effective as of January exemption from the rule prohibiting ACTION: Grant of petition. 11, 2016 and will expire on January 11, drivers with ITDM from driving CMVs in interstate commerce (78 FR 68139; 79 SUMMARY: Volkswagen Group of sradovich on DSK3GMQ082PROD with NOTICES 2018. As of January 23, 2016, the following FR 4807; 80 FR 81667): America, Inc. (Volkswagen), has 13 individuals have satisfied the Dylan J. Bryan (IL) determined that certain model year renewal conditions for obtaining an Robert A. Collins (NJ) (MY) 2016 Volkswagen Beetle exemption from the rule prohibiting Fred J. Combs (OH) Convertible passenger cars do not fully drivers with ITDM from driving CMVs Edward C. DeFrancesco (CT) comply with Federal Motor Vehicle in interstate commerce (78 FR 65034; 79 Terrance J. Dusharm (MN) Safety Standard (FMVSS) No. 110, Tire FR 3917; 80 FR 81667): Jonathan Eggers (MN) Selection and Rims and Motor Home/ VerDate Sep<11>2014 17:28 Dec 07, 2016 Jkt 241001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\08DEN1.SGM 08DEN1

Federal Register / Vol. 81, No. 236 / Thursday, December 8, 2016 / Notices 88729 Recreation Vehicle Trailer Load II. Vehicles Involved is printed on the Vehicle Placard label. Carrying Capacity Information for Motor Affected are approximately 325 MY Both the installed original equipment Vehicles with a GVWR of 4,536 2016 Volkswagen Beetle Convertible manufacturer (OEM) tires on the vehicle kilograms (10,000 pounds) or Less. passenger vehicles that were and the installation of the incorrect Volkswagen filed a defect report dated manufactured between June 18, 2015, sized tires listed on the subject vehicle’s February 23, 2016. Volkswagen then and November 9, 2015. vehicle placard (tire and loading petitioned NHTSA on March 15, 2016, information label) when inflated to the for a decision that the subject III. Noncompliance label’s recommended cold inflation noncompliance is inconsequential to Volkswagen stated that the subject pressure are appropriate to handle the motor vehicle safety. vehicles have a Tire Placard Label that vehicle maximum loads. Consequently, is misprinted with an incorrect tire size the subject noncompliance should not ADDRESSES: For further information on as compared to the tires the vehicle was cause any unsafe conditions associated this decision please contact Kerrin equipped with and therefore does not with the incorrect tire size listed on the Bressant, Office of Vehicle Safety fully conform to paragraph S4.3(d) of Vehicle Placard label. Therefore, Compliance, the National Highway FMVSS No. 110. NHTSA agrees with Volkswagen that Traffic Safety Administration (NHTSA), the incorrect tire size listed on the telephone (202) 366–1110. IV. Rule Text Vehicle Placard label does not have any SUPPLEMENTARY INFORMATION: Paragraph S4.3(d) of FMVSS No. 110 adverse safety implications. requires, in pertinent part: NHTSA’s Decision: In consideration I. Overview S4.3 Placard. Each vehicle, except for a of the foregoing, NHTSA finds that Volkswagen Group of America, Inc. trailer or incomplete vehicle, shall show the Volkswagen has met its burden of (Volkswagen), has determined that information specified in S4.3 (a) through (g), persuasion that the subject FMVSS No. certain model year (MY) 2016 and may show, at the manufacturer’s option, the information specified in S4.3 (h) through 110 noncompliance in the affected Volkswagen Beetle Convertible (i), on a placard permanently affixed to the vehicles is inconsequential to motor passenger cars do not fully comply with driver’s side B-pillar . . . vehicle safety. Accordingly, paragraph S4.3(d) of Federal Motor (d) Tire size designation, indicated by the Volkswagen’s petition is hereby granted Vehicle Safety Standard (FMVSS) No. headings ‘‘size’’ or ‘‘original tire size’’ or and Volkswagen is consequently 110, Tire Selection and Rims and Motor ‘‘original size,’’ and ‘‘spare tire’’ or ‘‘spare,’’ exempted from the obligation of Home/Recreation Vehicle Trailer Load for the tires installed at the time of the first providing notification of, and a free Carrying Capacity Information for Motor purchase for purposes other than resale. For remedy for, that noncompliance under full size spare tires, the statement ‘‘see Vehicles with a GVWR of 4,536 49 U.S.C. 30118 and 30120. above’’ may, at the manufacturer’s option kilograms (10,000 pounds) or Less. replace the tire size designation. If no spare NHTSA notes that the statutory Volkswagen filed a report dated tire is provided, the word ‘‘none’’ must provisions (49 U.S.C. 30118(d) and February 23, 2016, pursuant to 49 CFR replace the tire size designation. 30120(h)) that permit manufacturers to part 573, Defect and Noncompliance file petitions for a determination of Responsibility and Reports. Volkswagen V. Summary of Volkswagen’s Petition inconsequentiality allow NHTSA to also petitioned NHTSA on March 15, Volkswagen described the subject exempt manufacturers only from the 2016, under 49 CFR part 556 for a noncompliance and stated its belief that duties found in sections 30118 and decision that the subject noncompliance the noncompliance is inconsequential to 30120, respectively, to notify owners, is inconsequential to motor vehicle motor vehicle safety for the following purchasers, and dealers of a defect or safety. reasons: (1) Volkswagen stated that the noncompliance and to remedy the Pursuant to 49 U.S.C. 30118(d) and defect or noncompliance. Therefore, this 30120(h) and the rule implementing condition described (tire placard with an incorrect label size on it) would not decision only applies to the subject those provisions at 49 CFR part 556, vehicles that Volkswagen no longer Volkswagen has petitioned for an adversely affect the tire and loading capability of the vehicle. controlled at the time it determined that exemption from the notification and the noncompliance existed. However, (2) Volkswagen stated that the loading remedy requirements of 49 U.S.C. the granting of this petition does not and combined weight information was Chapter 301 on the basis that this relieve vehicle distributors and dealers printed correctly on both versions of the noncompliance is inconsequential to of the prohibitions on the sale, offer for Tire Placard Label. motor vehicle safety. sale, or introduction or delivery for The notice of receipt of Volkswagen’s NHTSA’s Decision: introduction into interstate commerce of petition was published, with a 30-day NHTSA’s Analysis: The intent of the noncompliant vehicles under their public comment period, on June 14, FMVSS No. 110 is to ensure that control after Volkswagen notified them 2016 in the Federal Register (81 FR vehicles are equipped with tires that the subject noncompliance existed. 38772). No comments were received. To appropriate to handle maximum vehicle Authority: 49 U.S.C. 30118, 30120: view the petition and all supporting loads and prevent overloading. Utilizing Delegations of authority at 49 CFR 1.95 and documents log onto the Federal Docket the ETRTO Tire and Rim Association 501.8. Management System (FDMS) Web site Manual of 2016, NHTSA has confirmed at: http://www.regulations.gov/. Then that the incorrectly listed size tires Jeffrey M. Giuseppe, follow the online search instructions to would still have a load capacity Director, Office of Vehicle Safety Compliance. sradovich on DSK3GMQ082PROD with NOTICES locate docket number ‘‘NHTSA–2016– sufficient to support the listed weight [FR Doc. 2016–29375 Filed 12–7–16; 8:45 am] 0028.’’ limitation of occupants and cargo which BILLING CODE 4910–59–P VerDate Sep<11>2014 17:28 Dec 07, 2016 Jkt 241001 PO 00000 Frm 00073 Fmt 4703 Sfmt 9990 E:\FR\FM\08DEN1.SGM 08DEN1


Document Created: 2016-12-08 00:26:47
Document Modified: 2016-12-08 00:26:47
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionGrant of petition.
FR Citation81 FR 88728 
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