[Federal Register Volume 69, Number 159 (Friday, October 8, 2004)]
[Notices]
[Pages 60459-60460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22720]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2004-18714; Notice 2]


Volkswagen of America, Inc., Grant 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.'' Pursuant to 49 U.S.C. 30118(d) and 
30120(h), Volkswagen has petitioned for a determination that this 
noncompliance is inconsequential to motor vehicle safety and has filed 
an appropriate report pursuant to 49 CFR part 573, ``Defect and 
Noncompliance Reports.'' Notice of receipt of a petition was published, 
with a 30-day comment period, on August 11, 2004, in the Federal 
Register (69 FR 48907). NHTSA received no comments.
    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 stated 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

[[Page 60460]]

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.

    NHTSA agrees with Volkswagen that this noncompliance will not have 
an adverse effect on vehicle safety. Since the rim size and type are 
marked on the wheels of the vehicle, the information needed to ensure 
that the vehicles are equipped with the proper rims is readily 
available to potential users. Volkswagen has not received any owner or 
field complaints regarding the lack of wheel rim size information on 
the tire pressure information label. Volkswagen has fixed the problem.
    In consideration of the foregoing, NHTSA has decided that the 
petitioner has met its burden of persuasion that the noncompliance 
described is inconsequential to motor vehicle safety. Accordingly, 
Volkswagen's petition is granted and the petitioner is exempted from 
the obligation of providing notification of, and a remedy for, the 
noncompliance.

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

    Issued on: September 28, 2004.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-22720 Filed 10-7-04; 8:45 am]
BILLING CODE 4910-59-P