[Federal Register Volume 71, Number 67 (Friday, April 7, 2006)]
[Notices]
[Pages 17953-17954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5122]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2006-24323; Notice 1]


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

    Volkswagen of America Inc. (Volkswagen) has determined that the 
designated seating capacity placards on certain vehicles that it 
produced in 2005 and 2006 do not comply with S4.3(b) of 49 CFR 571.110, 
Federal Motor Vehicle Safety Standard (FMVSS) No. 110, ``Tire selection 
and rims.'' 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.
    Affected are a total of approximately 39 Phaeton vehicles produced 
between May 22, 2005 and March 8, 2006. S4.3(b) of FMVSS No. 110 
requires that a ``placard, permanently affixed to the glove compartment 
door or an equally accessible location, shall display the * * * 
[d]esignated seating capacity.'' The noncompliant vehicles have 
placards stating that the seating capacity is five when in fact the 
seating capacity

[[Page 17954]]

is four. Volkswagen has corrected the problem that caused these errors 
so that they will not be repeated in future production.
    Volkswagen believes that the noncompliance is inconsequential to 
motor vehicle safety and that no corrective action is warranted. 
Volkswagen states that consumers will look at the number of seats and 
safety belts to determine the vehicle's capacity. Volkswagen explains 
that although the rear seat capacity on the placard states three, the 
vehicles have only two rear seats, and the space that would be occupied 
by a middle-occupant position contains a center console.
    Volkswagen further states that, because the rear seats do not 
accommodate three people, the seating capacity labeling error has no 
impact on the vehicle capacity weight, recommended cold tire inflation 
pressure, or recommended size designation information. Also, Volkswagen 
says that it is impossible to overload the rear seat by relying on the 
incorrect designated seating capacity information.
    Interested persons are invited to submit written data, views, and 
arguments on this petition. 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: May 8, 2006.

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

    Issued on: April 4, 2006.
Daniel C. Smith,
Associate Administrator for Enforcement.
 [FR Doc. E6-5122 Filed 4-6-06; 8:45 am]
BILLING CODE 4910-59-P