82 FR 26733 - Volkswagen Group of America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 82, Issue 109 (June 8, 2017)

Page Range		26733-26734
FR Document		2017-11871

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

Federal Register, Volume 82 Issue 109 (Thursday, June 8, 2017)

[Federal Register Volume 82, Number 109 (Thursday, June 8, 2017)]
[Notices]
[Pages 26733-26734]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11871]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0102; 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 eGolf motor vehicles do 
not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 
108, Lamps, reflective devices and associated equipment. Volkswagen 
filed a noncompliance report dated September 16, 2016. Volkswagen then 
petitioned NHTSA on September 16, 2016, for a decision that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety.

ADDRESSES: For further information on this decision contact Leroy 
Angeles, Office of Vehicle Safety Compliance, the National Highway 
Traffic Safety Administration (NHTSA), telephone (202) 366-5304, 
facsimile (202) 366-5930.

SUPPLEMENTARY INFORMATION: 
    I. Overview: 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 noncompliance report dated 
September 16, 2016, pursuant to 49 CFR part 573, Defect and 
Noncompliance Responsibility and Reports. Volkswagen then petitioned 
NHTSA on September 16, 2016, pursuant to 49 U.S.C. 30118(d) and 
30120(h) and their implementing regulations at 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.
    Notice of receipt of the petition was published, with a 30-day 
public comment period on October 26, 2016 in the Federal Register (81 
FR 74500). No comments were received. To view the petition and all 
supporting documents log onto the Federal Docket Management System 
(FDMS) Web page at: http://www.regulations.gov/. Then follow the online 
search instruction to locate docket number ``NHTSA-2016-0102.''
    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

[[Page 26734]]

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'S Decision

    NHTSA's Analysis: NHTSA has reviewed and accepts Volkswagen's 
analysis that the subject noncompliance is inconsequential to motor 
vehicle safety. Specifically, the halogen headlamps missing the 
required operation voltage label on the headlamp assembly poses little 
if any risk to motor vehicle safety.
    Volkswagen stated in their petition that the H7 bulb is always a 
12V halogen light bulb. In accordance with paragraph S11 of FMVSS No. 
108, each replaceable light source must be designed to conform to the 
dimensions and electrical specifications furnished with respect to it 
pursuant to part 564, on file in Docket No. NHTSA-98-3397. By VW's line 
of thought, to ensure the bulb performs within the luminous flux and 
power ranges specified, the bulb designer would ensure that the 
performance of the bulb is such that the output is compliant for a 
known input of 12.8V and therefore the voltage becomes implicitly 
specified for that specific bulb. NHTSA notes that the docket entry 
detailing the H7 replaceable light source specifications \1\ shows that 
DOT compliant H7 replaceable light sources when tested at 12.8 volts 
must achieve a luminous flux of 1250  12% lumens with a 
maximum of 55.6 watts.
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    \1\ NHTSA-1998-3397-0004.
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    Consumers, dealers, and repair businesses will look at the bulb 
designation, H7, when replacing the light source in a headlamp assembly 
and will in no way rely on the voltage marking. As such, the missing 
voltage marking poses little if any risk to motor vehicle safety.
    NHTSA's Decision: In consideration of the foregoing, NHTSA finds 
that Volkswagen has met its burden of persuasion that the subject FMVSS 
No. 108 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. 2017-11871 Filed 6-7-17; 8:45 am]
 BILLING CODE 4910-59-P

26734 Federal Register / Vol. 82, No. 109 / Thursday, June 8, 2017 / Notices

such, no safety risk is present, even exempted from the obligation of OST–2017–0057 by any of the following
though there is a noncompliance with providing notification of, and a free methods:
FMVSS No. 108 regulatory remedy for, that noncompliance under • Federal eRulemaking Portal: Go to
requirements. 49 U.S.C. 30118 and 30120. http://www.regulations.gov and follow
Volkswagen concluded by expressing NHTSA notes that the statutory the online instructions for submitting
the belief that the subject provisions (49 U.S.C. 30118(d) and comments.
noncompliance presents no risk and is 30120(h)) that permit manufacturers to • Mail: Docket Management Facility,
inconsequential as it relates to motor file petitions for a determination of U.S. Department of Transportation, 1200
vehicle safety, and that its petition to be inconsequentiality allow NHTSA to New Jersey Ave. SE., Room W12–140,
exempted from providing notification of exempt manufacturers only from the Washington, DC 20590–0001.
the noncompliance, as required by 49 duties found in sections 30118 and • Hand Delivery or Courier: The
U.S.C. 30118, and a remedy for the 30120, respectively, to notify owners, Docket Management Facility is located
noncompliance, as required by 49 purchasers, and dealers of a defect or on the West Building, Ground Floor, of
U.S.C. 30120, should be granted. noncompliance and to remedy the the U.S. Department of Transportation,
NHTSA’S Decision defect or noncompliance. Therefore, this 1200 New Jersey Ave. SE., Room W12–
decision only applies to the subject 140, between 9 a.m. and 5 p.m., Monday
NHTSA’s Analysis: NHTSA has vehicles that Volkswagen no longer through Friday, except Federal holidays.
reviewed and accepts Volkswagen’s controlled at the time it determined that • Fax: 202–493–2251.
analysis that the subject noncompliance the noncompliance existed. However, Instructions: You must include the
is inconsequential to motor vehicle the granting of this petition does not agency name and the Docket Number
safety. Specifically, the halogen relieve vehicle distributors and dealers DOT–OST–2017–0057 at the beginning
headlamps missing the required of the prohibitions on the sale, offer for of your comment. All comments
operation voltage label on the headlamp received will be posted without change
sale, or introduction or delivery for
assembly poses little if any risk to motor to http://www.regulations.gov, including
introduction into interstate commerce of
vehicle safety. any personal information provided.
Volkswagen stated in their petition the noncompliant vehicles under their
control after Volkswagen notified them Privacy Act: In accordance with 5
that the H7 bulb is always a 12V
that the subject noncompliance existed. U.S.C. 553(c), DOT solicits comments
halogen light bulb. In accordance with
Authority: 49 U.S.C. 30118, 30120: from the public to better inform its
paragraph S11 of FMVSS No. 108, each
delegations of authority at 49 CFR 1.95 and rulemaking process. DOT posts these
replaceable light source must be
501.8. comments, without edit, to
designed to conform to the dimensions
www.regulations.gov, as described in
and electrical specifications furnished Jeffrey M. Giuseppe, the system of records notice, DOT/ALL–
with respect to it pursuant to part 564, Director, Office of Vehicle Safety Compliance. 14 FDMS, accessible through
on file in Docket No. NHTSA–98–3397. [FR Doc. 2017–11871 Filed 6–7–17; 8:45 am] www.dot.gov/privacy. In order to
By VW’s line of thought, to ensure the
BILLING CODE 4910–59–P facilitate comment tracking and
bulb performs within the luminous flux
response, we encourage commenters to
and power ranges specified, the bulb
provide their name, or the name of their
designer would ensure that the DEPARTMENT OF TRANSPORTATION organization; however, submission of
performance of the bulb is such that the
names is completely optional. Whether
output is compliant for a known input Office of the Secretary of or not commenters identify themselves,
of 12.8V and therefore the voltage Transportation all timely comments will be fully
becomes implicitly specified for that
considered. If you wish to provide
specific bulb. NHTSA notes that the [Docket No. OST–2017–0057]
comments containing proprietary or
docket entry detailing the H7
Transportation Infrastructure: Notice confidential information, please contact
replaceable light source specifications 1
of Review of Policy, Guidance, and the agency for alternate submission
shows that DOT compliant H7
Regulation instructions.
replaceable light sources when tested at
Docket: For access to the docket to
12.8 volts must achieve a luminous flux
AGENCY: Office of the Secretary of read background documents or
of 1250 ± 12% lumens with a maximum
Transportation (OST), DOT. comments received, visit the Docket
of 55.6 watts.
Consumers, dealers, and repair ACTION: Notice; request for input. Management Facility described above or
businesses will look at the bulb go to http://www.regulations.gov and
SUMMARY: The Department of follow the online instructions for
designation, H7, when replacing the
Transportation (DOT) is reviewing its accessing the docket.
light source in a headlamp assembly
existing policy statements, guidance FOR FURTHER INFORMATION CONTACT:
and will in no way rely on the voltage
documents, and regulations to identify Michael A. Smith, Office of the General
marking. As such, the missing voltage
unnecessary obstacles to transportation Counsel, U.S. Department of
marking poses little if any risk to motor
infrastructure projects. As part of this Transportation, 1200 New Jersey Ave.
vehicle safety.
NHTSA’s Decision: In consideration review, the Department invites affected SE., Washington, DC 20590, 202–366–
of the foregoing, NHTSA finds that stakeholders and the public to identify 2917, michael.a.smith@dot.gov.
non-statutory requirements that the
asabaliauskas on DSKBBXCHB2PROD with NOTICES

Volkswagen has met its burden of SUPPLEMENTARY INFORMATION:
persuasion that the subject FMVSS No. Department imposes and that should be
108 noncompliance in the affected removed or revised. Purpose
vehicles is inconsequential to motor DATES: Comments should be received on The Department of Transportation
vehicle safety. Accordingly, or before July 24, 2017. Late-filed recognizes that there are regulatory and
Volkswagen’s petition is hereby granted comments will be considered to the administrative burdens that impede
and Volkswagen is consequently extent practicable. transportation infrastructure projects.
ADDRESSES: You may file comments The Department also recognizes that the
1 NHTSA–1998–3397–0004. identified by the docket number DOT– stakeholders who deliver projects have

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Document Created: 2018-11-14 10:07:18
Document Modified: 2018-11-14 10:07:18

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		82 FR 26733

82 FR 26733 - Volkswagen Group of America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATIONNational Highway Traffic Safety Administration

Federal Register Volume 82, Issue 109 (June 8, 2017)

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration