[Federal Register Volume 60, Number 95 (Wednesday, May 17, 1995)]
[Notices]
[Pages 26475-26476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12090]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. 95-39; Notice 1]
Volkswagen of America, Inc.; Receipt of Application for Decision
of Inconsequential Noncompliance
Volkswagen of America, Inc. (VWoA) of Auburn Hills, Michigan, has
determined that some of its vehicles fail to comply with the power
window requirements of 49 CFR 571.118, Federal Motor Vehicle Safety
Standard (FMVSS) No. 118, ``Power-Operated Window, Partition, and Roof
Panel Systems,'' and has filed an appropriate report pursuant to 49 CFR
Part 573, ``Defect and Noncompliance Reports.'' VWoA has also applied
to be exempted from the notification and remedy requirements of 49
U.S.C. Chapter 301--``Motor Vehicle Safety'' on the basis that the
noncompliance is inconsequential to motor vehicle safety.
This notice of receipt of an application 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 application.
Paragraph S4(e) in FMVSS No. 118 states that power operated windows
may be closed only ``during the interval between the time the locking
device which controls the activation of the vehicle's engine is turned
off and the opening of either of a two-door vehicle's doors or, in the
case of a vehicle with more than two doors, the opening of its front
doors.''
During the period of September 1, 1992 through March 5, 1995, VWoA
manufactured approximately 1,200 1995 GTI vehicles and 18,795 1993-1995
Jetta III vehicles that do not comply with the power window
requirements of FMVSS No. 118. The power windows in the subject
vehicles can be operated when the ignition key is in the ``off''
position and the passenger side front door has been opened. The windows
should not be able to be operated in this scenario.
VWoA supports its application for inconsequential noncompliance
with the following:
The purpose of the requirement in S4(e) of FMVSS 118 specifying
that the power window system not be functional if the ignition key
is in the ``off'' position and one of the front doors have been
opened, is to reduce the possibility of unsupervised children
operating the power windows in the vehicle. S4(e) is based upon the
assumption that before one of the front doors has been opened, an
adult remains in the vehicle to supervise and protect children from
the safety risks associated with the operation of the power window
system. S4(e) further assumes that after one of the front vehicle
doors has been opened, no adult remains in the vehicle and thereby
creates a risk that children remaining in the vehicle may injure
themselves by activating operational power windows without
supervision. S4(e) seeks to eliminate that risk.
In the case of the affected vehicles, the power windows cease to
be operable if the driver door is opened, but remain operational for
a period of 10 minutes after the passenger side front door has been
opened. The rationale supporting the 10 minute period is to allow
the driver to close any open windows even though he may already have
turned off the ignition and the passenger may have opened to door
and exited the vehicle. It is a convenience feature permitted by law
in Europe and offered by Volkswagen to the market in Europe as a
convenience feature.
The power-operated roof panel systems cannot be operated after
the ignition key has been turned off.
VWoA believes that its European configuration inadvertently
built into certain vehicles delivered in the United States does not
affect their safety in a discernible way. VWoA believes that as long
as the driver door of the vehicle has not been opened, a person of
driving age inevitably remains in the vehicle because the exiting of
the driver on the passenger side front door is extremely difficult
and therefore unlikely. The affected vehicles are equipped with
bucket seats and a center transmission console which cause the
movement of the driver to the passenger side of the vehicle without
contortion to be difficult and virtually impossible. Also, it makes
no sense to suggest that a driver would exit the vehicle on the
passenger side of a vehicle with bucket seats and [a] floor mounted
transmission lever when he can conveniently open the driver's door
for exit.
VWoA has received no customer compliants or claims relating to
the ability of the windows to operate after the passenger door has
been opened.
It should also be noted that the Volkswagen Owner's Manual
contains an express warning against leaving children unattended in a
vehicle and against misuse of the ignition key. The warning reads as
follows:
WARNING
Do not leave children unattended in the vehicle especially with
access to vehicle keys. Unsupervised use of the keys can result in
starting of the engine and use of vehicle systems such as the power
windows and power sunroof, which could result in serious personal
injury.
As explained, the probability of unsupervised children being
exposed to injury from power-operated window systems during the 10
minute interval after the ignition key has been turned off and the
passenger side front door is opened and before the driver side front
door is opened, is non-existent and that therefore this
noncompliance is inconsequential to motor vehicle safety.
VWoA requests that this [application] be granted so that an
unnecessary and costly consumer recall action [can] be avoided. VWoA
expects a particularly low owner response to such a recall, if it
were undertaken, because the ability to operate the power windows
after the front passenger side door has been opened would likely be
viewed by the owner to offer a valuable convenience feature without
any apparent safety disadvantage.
Interested persons are invited to submit written data, views, and
arguments on the application of VWoA, described above. Comments should
refer to the docket number and be submitted to: Docket Section,
National Highway Traffic Safety Administration, Room 5109, 400 Seventh
Street, SW., Washington, D.C., 20590. It is requested but not required
that six copies be submitted.
All comments received before the close of business on the closing
date indicated below will be considered. The application and supporting
materials, and all comments received after the closing date, will also
be filed and will be considered to the extent possible. When the
application is granted or denied, the notice will be published in the
Federal Register pursuant to the authority indicated below.
Comment closing date: June 16, 1995.
(15 U.S.C. 1417; delegations of authority at 49 CFR 1.50 and 501.8)
[[Page 26476]] Issued on: May 11, 1995.
Barry Felrice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 95-12090 Filed 5-16-95; 8:45 am]
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