82 FR 22869 - Volkswagen Group of America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 82, Issue 95 (May 18, 2017)
National Highway Traffic Safety Administration
Federal Register Volume 82, Issue 95 (May 18, 2017)
| Page Range | 22869-22870 | |
| FR Document | 2017-10091 |
[Federal Register Volume 82, Number 95 (Thursday, May 18, 2017)] [Notices] [Pages 22869-22870] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-10091] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2017-0020; 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. ----------------------------------------------------------------------- SUMMARY: Volkswagen Group of America, Inc. (Volkswagen), has determined that certain model year (MY) 2013-2017 Volkswagen CC and MY 2012-2017 Volkswagen Tiguan motor vehicles do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 126, Electronic Stability Control Systems for Light Vehicles. Volkswagen filed a noncompliance report dated March 1, 2017. Volkswagen also petitioned NHTSA on March 2, 2017, 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 June 19, 2017. 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 be 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 Delivery: 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. 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 Group of America, Inc. (Volkswagen), has determined that certain model year (MY) 2013-2017 Volkswagen CC and MY 2012-2017 Volkswagen Tiguan motor vehicles do not fully comply with paragraph S5.3.3 of FMVSS No. 126, Electronic Stability Control Systems for Light Vehicles. Volkswagen filed a noncompliance report dated March 1, 2017, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. Volkswagen also petitioned NHTSA on March 2, 2017, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, 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. 30118 and 30120 and does not represent any agency decision or other exercise of judgment concerning the merits of the petition. II. Vehicles Involved Approximately 230,458 MY 2013-2017 Volkswagen CC motor vehicles, manufactured between January 19, 2012, and November 28, 2016, and MY 2012-2017 Volkswagen Tiguan motor vehicles, manufactured between January 9, 2012 and February 28, 2017, are potentially involved. III. Noncompliance Volkswagen explains that during an electronic stability control (ESC) malfunction in the subject vehicles, the ESC malfunction telltale illuminates as required by FMVSS No. 126 unless the steering angle sensor is the source of the malfunction. In the instance of a steering angle sensor malfunction the indicator telltale does not re-illuminate immediately after the vehicle ignition is reactivated as required by paragraph S5.3.3 of FMVSS No. 126. Specifically, the ESC malfunction telltale will only re-illuminate after the vehicle reaches a speed of 1.2 mph. IV. Rule Text Paragraph S5.3.3 of FMVSS No. 26 provides, in pertinent part: S5.3.3 As of September 1, 2011, except as provided in paragraphs S5.3.4, S5.3.5, S5.3.8, and S5.3.10, the ESC malfunction telltale must illuminate only when a malfunction(s) of the ESC system exists and must remain continuously illuminated under the conditions specified in S5.3 for as long as the malfunction exists (unless the ``ESC malfunction'' and ``ESC off'' telltales are combined in a two- part telltale and the ``ESC off'' telltale is illuminated), whenever the ignition locking system is in the ``On'' (``Run'') position . . . V. Summary of Volkswagen's Petition Volkswagen submits that the condition described above is inconsequential as it relates to motor vehicle safety because the warning (ESC warning lamp) immediately re-illuminates when the vehicle starts to move and reaches 2 km/h or 1.2 mph. Further, the particular condition is limited to an ESC system fault caused by the steering angle sensor. For all other potential ESC system faults, the warning lamp illuminates as required with the next ignition key in the ``On'' (``Run'') position. [[Page 22870]] 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. In a supplemental email from Volkswagen dated March 29, 2017, Volkswagen stated that the ESC warning light illuminates and stays on for the complete ignition cycle and does not turn off when the vehicle decelerates below 1.2 mph. However, the steering wheel warning light is constantly illuminated and is not turned off with ignition key cycle, which represents a substitutional warning. Volkswagen says that the 1.2 mph (2km/h) threshold was used to prevent triggering of warning lamps when workshops work on steering components and turn the wheels during repairs with non-attached components/sensors etc. during the repair and causing erratic signals during such repairs. This ``repair aid threshold'' is in conflict with the FMVSS. Volkswagen also says, to clarify, all Tiguan and CC vehicles are affected that were built since the updated regulation went into effect (regulation refers to the specific vehicle production date, i.e. 2011-09-01). All CC and Tiguan's are fitted with the same ABS/ESC system. To view Volkswagen's petition analyses and any supplemental information in its entirety you can visit https://www.regulations.gov by following the online instructions for accessing the dockets and by using the docket ID number for this petition shown in the heading of this notice. 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. 2017-10091 Filed 5-17-17; 8:45 am] BILLING CODE 4910-59-P
![Federal Register / Vol. 82, No. 95 / Thursday, May 18, 2017 / Notices 22869
L/PD, SA–5, Suite 5H03, Washington, www.regulations.gov/. Follow the online 49 U.S.C. chapter 301 on the basis that
DC 20522–0505. instructions for submitting comments. this noncompliance is inconsequential
• Comments may also be faxed to as it relates to motor vehicle safety.
Alyson Grunder, (202) 493–2251. This notice of receipt of Volkswagen’s
Deputy Assistant Secretary for Policy, Bureau Comments must be written in the
of Educational and Cultural Affairs,
petition is published under 49 U.S.C.
English language, and be no greater than 30118 and 30120 and does not represent
Department of State. 15 pages in length, although there is no
[FR Doc. 2017–10022 Filed 5–17–17; 8:45 am]
any agency decision or other exercise of
limit to the length of necessary judgment concerning the merits of the
BILLING CODE 4710–05–P attachments to the comments. If petition.
comments are submitted in hard copy
form, please ensure that two copies are II. Vehicles Involved
DEPARTMENT OF TRANSPORTATION provided. If you wish to receive Approximately 230,458 MY 2013–
confirmation that comments you have 2017 Volkswagen CC motor vehicles,
National Highway Traffic Safety submitted by mail were received, please manufactured between January 19,
Administration enclose a stamped, self-addressed 2012, and November 28, 2016, and MY
postcard with the comments. Note that 2012–2017 Volkswagen Tiguan motor
[Docket No. NHTSA–2017–0020; Notice 1] all comments received will be posted vehicles, manufactured between January
without change to https:// 9, 2012 and February 28, 2017, are
Volkswagen Group of America, Inc., www.regulations.gov, including any
Receipt of Petition for Decision of potentially involved.
personal information provided.
Inconsequential Noncompliance All comments and supporting III. Noncompliance
AGENCY: National Highway Traffic materials received before the close of
Volkswagen explains that during an
Safety Administration (NHTSA), business on the closing date indicated
electronic stability control (ESC)
Department of Transportation (DOT). above will be filed in the docket and
malfunction in the subject vehicles, the
will be considered. All comments and
ACTION: Receipt of petition. ESC malfunction telltale illuminates as
supporting materials received after the
required by FMVSS No. 126 unless the
SUMMARY: Volkswagen Group of closing date will also be filed and will
steering angle sensor is the source of the
America, Inc. (Volkswagen), has be considered to the fullest extent
malfunction. In the instance of a
determined that certain model year possible.
When the petition is granted or steering angle sensor malfunction the
(MY) 2013–2017 Volkswagen CC and indicator telltale does not re-illuminate
MY 2012–2017 Volkswagen Tiguan denied, notice of the decision will also
be published in the Federal Register immediately after the vehicle ignition is
motor vehicles do not fully comply with reactivated as required by paragraph
Federal Motor Vehicle Safety Standard pursuant to the authority indicated at
the end of this notice. S5.3.3 of FMVSS No. 126. Specifically,
(FMVSS) No. 126, Electronic Stability the ESC malfunction telltale will only
Control Systems for Light Vehicles. All comments, background
documentation, and supporting re-illuminate after the vehicle reaches a
Volkswagen filed a noncompliance speed of 1.2 mph.
report dated March 1, 2017. Volkswagen materials submitted to the docket may
also petitioned NHTSA on March 2, be viewed by anyone at the address and IV. Rule Text
2017, for a decision that the subject times given above. The documents may
also be viewed on the Internet at https:// Paragraph S5.3.3 of FMVSS No. 26
noncompliance is inconsequential as it provides, in pertinent part:
relates to motor vehicle safety. www.regulations.gov by following the
online instructions for accessing the S5.3.3 As of September 1, 2011, except as
DATES: The closing date for comments dockets. The docket ID number for this provided in paragraphs S5.3.4, S5.3.5, S5.3.8,
on the petition is June 19, 2017. petition is shown in the heading of this and S5.3.10, the ESC malfunction telltale
ADDRESSES: Interested persons are notice. must illuminate only when a malfunction(s)
invited to submit written data, views, DOT’s complete Privacy Act of the ESC system exists and must remain
and arguments on this petition. continuously illuminated under the
Statement is available for review in a
conditions specified in S5.3 for as long as the
Comments must refer to the docket and Federal Register notice published on malfunction exists (unless the ‘‘ESC
notice number cited in the title of this April 11, 2000, (65 FR 19477–78). malfunction’’ and ‘‘ESC off’’ telltales are
notice and be submitted by any of the SUPPLEMENTARY INFORMATION: combined in a two-part telltale and the ‘‘ESC
following methods: off’’ telltale is illuminated), whenever the
• Mail: Send comments by mail I. Overview ignition locking system is in the ‘‘On’’
addressed to U.S. Department of Volkswagen Group of America, Inc. (‘‘Run’’) position . . .
Transportation, Docket Operations, M– (Volkswagen), has determined that V. Summary of Volkswagen’s Petition
30, West Building Ground Floor, Room certain model year (MY) 2013–2017
W12–140, 1200 New Jersey Avenue SE., Volkswagen CC and MY 2012–2017 Volkswagen submits that the
Washington, DC 20590. Volkswagen Tiguan motor vehicles do condition described above is
• Hand Delivery: Deliver comments not fully comply with paragraph S5.3.3 inconsequential as it relates to motor
by hand to U.S. Department of of FMVSS No. 126, Electronic Stability vehicle safety because the warning (ESC
Transportation, Docket Operations, M– Control Systems for Light Vehicles. warning lamp) immediately re-
30, West Building Ground Floor, Room Volkswagen filed a noncompliance illuminates when the vehicle starts to
W12–140, 1200 New Jersey Avenue SE., report dated March 1, 2017, pursuant to move and reaches 2 km/h or 1.2 mph.
jstallworth on DSK7TPTVN1PROD with NOTICES
Washington, DC 20590. The Docket 49 CFR part 573, Defect and Further, the particular condition is
Section is open on weekdays from 10 Noncompliance Responsibility and limited to an ESC system fault caused
a.m. to 5 p.m. except Federal Holidays. Reports. Volkswagen also petitioned by the steering angle sensor. For all
• Electronically: Submit comments NHTSA on March 2, 2017, pursuant to other potential ESC system faults, the
electronically by logging onto the 49 U.S.C. 30118(d) and 30120(h) and 49 warning lamp illuminates as required
Federal Docket Management System CFR part 556, for an exemption from the with the next ignition key in the ‘‘On’’
(FDMS) Web site at https:// notification and remedy requirements of (‘‘Run’’) position.
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![22870 Federal Register / Vol. 82, No. 95 / Thursday, May 18, 2017 / Notices
Volkswagen concluded by expressing control after Volkswagen notified them • Mail, Hand Delivery, Courier:
the belief that the subject that the subject noncompliance existed. Postmarked no later than June 20, 2017,
noncompliance is inconsequential as it Authority: 49 U.S.C. 30118, 30120: to: Director of Regulations Management
relates to motor vehicle safety, and that delegations of authority at 49 CFR 1.95 and (00REG), Department of Veterans
its petition to be exempted from 501.8. Affairs, 810 Vermont Ave NW., Room
providing notification of the 1068, Washington, DC 20420. Note:
Jeffrey M. Giuseppe,
noncompliance, as required by 49 Copies of comments received will be
U.S.C. 30118, and a remedy for the Director, Office of Vehicle Safety Compliance. available for public inspection in the
noncompliance, as required by 49 [FR Doc. 2017–10091 Filed 5–17–17; 8:45 am] Office of Regulation Policy and
U.S.C. 30120, should be granted. BILLING CODE 4910–59–P Management, Room 1063B, between the
In a supplemental email from hours of 8:00 a.m. and 4:30 p.m.,
Volkswagen dated March 29, 2017, Monday through Friday (except Federal
Volkswagen stated that the ESC warning DEPARTMENT OF VETERANS Holidays). Please call (202) 461–4902
light illuminates and stays on for the AFFAIRS (this is not a toll-free number) for an
complete ignition cycle and does not appointment.
turn off when the vehicle decelerates Announcement of Public Meeting • Fax: (202) 273–9026 ATTENTION:
below 1.2 mph. However, the steering AGENCY: Department of Veterans Affairs. Director of Regulations Management
wheel warning light is constantly ACTION:Announcement of public (00REG).
illuminated and is not turned off with meeting. All submissions must include the
ignition key cycle, which represents a agency name and docket number. Note
substitutional warning. Volkswagen SUMMARY: The Department of Veterans that all comments received will be
says that the 1.2 mph (2km/h) threshold Affairs (VA) is holding a public meeting posted and can be viewed online
was used to prevent triggering of to seek consultative advice in through the Federal Docket Management
warning lamps when workshops work implementing section 3 of the Veterans System at http://www.regulations.gov.
on steering components and turn the Mobility Safety Act of 2016 (hereafter Privacy Act: Anyone is able to search
wheels during repairs with non-attached referred to as ‘‘the Act’’), as VA the electronic form of all comments
components/sensors etc. during the develops the comprehensive policy received into any of our dockets by the
repair and causing erratic signals during regarding quality standards for name of the individual submitting the
such repairs. This ‘‘repair aid providers of modification services to comment (or signing the comment, if
threshold’’ is in conflict with the veterans under VA’s automobile submitted on behalf of an association,
FMVSS. Volkswagen also says, to adaptive equipment (AAE) program. business, labor union, etc.). You may
clarify, all Tiguan and CC vehicles are DATES: Written comments, statements, review the Privacy Act Statement (5
affected that were built since the testimonies and supporting information U.S.C. 552, 552a, and 552b) or visit
updated regulation went into effect will be accepted between June 13, 2017 https://www.gpo.gov/fdsys/pkg/FR-
(regulation refers to the specific vehicle and June 20, 2017, and considered with 2005-09-20/pdf/05-18728.pdf.
production date, i.e. 2011–09–01). All the same weight as oral comments and Confidential Business Information: If
CC and Tiguan’s are fitted with the same supporting information presented at the you wish to submit any information
ABS/ESC system. public meeting. VA will hold the public under a claim of confidentiality, you
To view Volkswagen’s petition meeting on June 13, 2017, in should submit three copies of your
analyses and any supplemental Washington, DC. The meeting will start complete submission, including the
information in its entirety you can visit at 9:00 a.m. and conclude on or before information you claim to be confidential
https://www.regulations.gov by 4:00 p.m. Check-in will begin at 8:00 business information, to the Director of
following the online instructions for a.m. Regulations Management (00REG) at the
accessing the dockets and by using the address given under WRITTEN
ADDRESSES: The meeting will be held at
docket ID number for this petition COMMENTS. In addition, you should
the VA Central Office at 810 Vermont submit two copies, from which you
shown in the heading of this notice. Ave. NW., Washington, DC 20420. This
NHTSA notes that the statutory have deleted the claimed confidential
facility is accessible to individuals with business information, to Docket
provisions (49 U.S.C. 30118(d) and disabilities.
30120(h)) that permit manufacturers to Management at the address given above.
*In person attendance will be limited
file petitions for a determination of When you send a comment containing
to 150 individuals. Advanced
inconsequentiality allow NHTSA to information claimed to be confidential
registration for individuals and groups
exempt manufacturers only from the business information, you should
is strongly encouraged (see registration
duties found in sections 30118 and submit a cover letter setting forth the
instructions below). For listening
30120, respectively, to notify owners, information specified in the privacy act
purposes only (phone lines will be
purchasers, and dealers of a defect or statement section.
muted), the meeting will be available
noncompliance and to remedy the via audio which can be accessed by FOR FURTHER INFORMATION CONTACT:
defect or noncompliance. Therefore, any dialing 1–800–767–1750 access code: Shayla Mitchell, Ph.D., CRC,
decision on this petition only applies to 74078. Rehabilitation and Prosthetic Services
the subject vehicles that Volkswagen no Please submit all written comments (10P4R), Veterans Health
longer controlled at the time it no later than June 20, 2017, by any of Administration, Department of Veterans
determined that the noncompliance Affairs, 810 Vermont Ave. NW.,
jstallworth on DSK7TPTVN1PROD with NOTICES
the following methods:
existed. However, any decision on this • Federal Rulemaking Portal: Go to Washington, DC 20420,
petition does not relieve vehicle http://www.regulations.gov. Follow the shayla.mitchell@va.gov or (202) 461–
distributors and dealers of the online instructions for submitting 0389 (This is not a toll-free number.)
prohibitions on the sale, offer for sale, comments. Note: Comments previously SUPPLEMENTARY INFORMATION: On
or introduction or delivery for submitted in response to the February February 2, 2017, VA published a notice
introduction into interstate commerce of 2nd notice will be considered and in the Federal Register (FR), requesting
the noncompliant vehicles under their resubmission is not required. information from interested parties
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Document Created: 2017-05-18 01:21:00
Document Modified: 2017-05-18 01:21:00
| 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 June 19, 2017. | |
| FR Citation | 82 FR 22869 |
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