[Federal Register Volume 69, Number 154 (Wednesday, August 11, 2004)]
[Notices]
[Page 48907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18298]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-18714; Notice 1]


Volkswagen of America, Inc., Receipt of Petition for Decision of 
Inconsequential Noncompliance

    Volkswagen of America, Inc. (Volkswagen) has determined that label 
information on certain vehicles that it produced in 2003 and 2004 does 
not comply with S5.3 of 49 CFR 571.120, Federal Motor Vehicle Safety 
Standard (FMVSS) No. 120, ``Tire selection and rims for motor vehicles 
other than passenger cars.'' Volkswagen has filed an appropriate report 
pursuant to 49 CFR Part 573, ``Defect and Noncompliance Reports.''
    Pursuant to 49 U.S.C. 30118(d) and 30120(h), 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.
    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.
    A total of approximately 23,017 Volkswagen Touareg MPV vehicles 
produced between November 3, 2003 and July 2, 2004 are affected. S5.3 
of FMVSS No. 120, ``Label information,'' requires that the 
certification label or a separate tire information label shall show 
certain information about the tires and rims, as specified in S5.3.1 
and S5.3.2. S5.3.1, ``Tires,'' refers to ``The size designation * * * 
and the recommended cold inflation pressure for those tires. * * *'' 
S5.3.2, ``Rims,'' refers to ``The size designation * * * of Rims * * * 
appropriate for those tires.'' Volkswagen chose to use a separate label 
on the affected vehicles that does not contain the rim size markings 
required by S5.3.2.
    Volkswagen believes that the noncompliance is inconsequential to 
motor vehicle safety and that no corrective action is warranted. 
Volkswagen states the following:

    Volkswagen believes that the lack of rim size information on any 
of the labels does not create a risk to motor vehicle safety because 
any replacement tires of equivalent size to the factory installed 
tires or to any factory option tire would be compatible with the 
factory installed wheel rims. If an owner purchases wheel rims to 
replace those installed by Volkswagen, the selling dealer would be 
responsible for advising the owner on the compatible tire and wheel 
rim combination.

    Volkswagen states that no customer complaints have been received 
regarding the lack of wheel rim size information on the tire pressure 
information label. Volkswagen has fixed the problem.
    Interested persons are invited to submit written data, views, and 
arguments on the petition described above. Comments must refer to the 
docket and notice number cited at the beginning of this notice and be 
submitted by any of the following methods. Mail: Docket Management 
Facility, U.S. Department of Transportation, Nassif Building, Room PL-
401, 400 Seventh Street, SW., Washington, DC, 20590-0001. Hand 
Delivery: Room PL-401 on the plaza level of the Nassif Building, 400 
Seventh Street, SW., Washington, DC. It is requested, but not required, 
that two copies of the comments be provided. The Docket Section is open 
on weekdays from 10 a.m. to 5 p.m. except Federal Holidays. Comments 
may be submitted electronically by logging onto the Docket Management 
System Web site at http://dms.dot.gov. Click on ``Help'' to obtain 
instructions for filing the document electronically. Comments may be 
faxed to 1-202-493-2251, or may be submitted to the Federal eRulemaking 
Portal: go to http://www.regulations.gov. Follow the online 
instructions for submitting comments.
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated below will 
be filed 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 be published in the Federal 
Register pursuant to the authority indicated below.
    Comment closing date: September 10, 2004.

    Authority: (49 U.S.C. 30118, 30120: delegations of authority at 
CFR 1.50 and 501.8)

    Issued on: August 5, 2004.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-18298 Filed 8-10-04; 8:45 am]
BILLING CODE 4910-59-P