[Federal Register Volume 71, Number 111 (Friday, June 9, 2006)]
[Notices]
[Pages 33505-33506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8979]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2006-24323; Notice 2]


Volkswagen of America Inc., Grant 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.'' 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 April 7, 2006, in the Federal Register (71 FR 
17953). NHTSA received no comments.
    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 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.
    NHTSA agrees with Volkswagen that the noncompliance is 
inconsequential to motor vehicle safety. Although the placard states a 
rear seat capacity of three, a consumer can easily determine the 
seating capacity by looking at the number of rear seats and occupant 
restraints, which clearly indicate a seating capacity of two with a 
center console. Further, the mislabeling does not affect the vehicle 
capacity weight, recommended cold tire inflation

[[Page 33506]]

pressure, recommended tire size designation, or the potential to 
overload the rear seat.
    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: June 5, 2006.
Daniel C. Smith,
Associate Administrator for Enforcement.
 [FR Doc. E6-8979 Filed 6-8-06; 8:45 am]
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