[Federal Register Volume 75, Number 154 (Wednesday, August 11, 2010)]
[Notices]
[Pages 48740-48741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19764]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2010-0095; Notice 1]
Volkswagen Group of America, Inc., Receipt of Petition for
Decision of Inconsequential Noncompliance
Volkswagen Group of America, Inc., (Volkswagen),\1\ has determined
that certain 2009 Model Year (MY) Audi A6 and S6 model passenger cars,
2010 MY Audi A6, S6, A5, A5 Cabrio, S5, S5 Cabrio, A4 and S4 passenger
cars, and 2010 MY Audi Q5 multipurpose passenger vehicles (MPV)
equipped with indirect Tire Pressure Monitoring Systems (TPMS), do not
fully comply with paragraph S4.4 of Federal Motor Vehicle Safety
Standard (FMVSS) No. 138, Tire Pressure Monitoring Systems. Volkswagen
has filed an appropriate report pursuant to 49 CFR Part 573, Defect and
Noncompliance Responsibility and Reports.
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\1\ Volkswagen Group of America, Inc. (Volkswagen) is a vehicle
manufacturer incorporated under the laws of the State of New Jersey.
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Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule
at 49 CFR part 556), 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 approximately 58,292 2009 MY Audi A6 and S6 model
passenger cars, 2010 MY Audi A6, S6, A5, A5 Cabrio, S5, S5 Cabrio, A4
and S4 passenger cars, and 2010 MY Audi Q5 MPV with indirect TPMS
manufactured between October 17, 2008 and April 27, 2010.
The National Highway Traffic Safety Administration (NHTSA) notes
that the statutory provisions (49 U.S.C. 30118(d) and 30120(h)) that
permit manufacturers to file petitions for a determination of
inconsequentiality allow NHTSA to exempt manufacturers only from the
duties found in sections 30118 and 30120, respectively, to notify
owners, purchasers, and dealers of a defect or noncompliance and to
remedy the defect or noncompliance. Therefore, these provisions only
apply to the 58,292 \2\ vehicles that have already passed from the
manufacturer to an owner, purchaser, or dealer.
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\2\ Volkswagen's petition, which was filed under 49 CFR Part
556, requests an agency decision to exempt Volkswagen as a
manufacturer from the notification and recall responsibilities of 49
CFR Part 573 for 58,292 of the affected vehicles. However, the
agency cannot relieve Volkswagen distributors of the prohibitions on
the sale, offer for sale, or introduction or delivery for
introduction into interstate commerce of the noncompliant vehicles
under their control after Volkswagen recognized that the subject
noncompliance existed.
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Paragraph S4.4 of FMVSS No. 138 require in pertinent part:
S4.4 TPMS Malfunction
(a) The vehicle shall be equipped with a tire pressure
monitoring system that includes a telltale that provides a warning
to the driver not more than 20 minutes after the occurrence of a
malfunction that affects the generation or transmission of control
or response signals in the vehicle's tire pressure monitoring
system. The vehicle's TPMS malfunction indicator shall meet the
requirements of either S4.4(b) or S4.4(c)
(b) Dedicated TPMS malfunction telltale. The vehicle meets the
requirements of S4.4(a) when equipped with a dedicated TPMS
malfunction telltale that:
(1) Is mounted inside the occupant compartment in front of and
in clear view of the driver;
(2) Is identified by the word ``TPMS'' as described under the
``Tire Pressure Monitoring System Malfunction'' Telltale in table 1
of standard No. 101 (49 CFR 571.101);
(3) Continues to illuminate the TPMS malfunction telltale under
the conditions specified in S4.4(a) for as long as the malfunction
exists, whenever the ignition locking system is in the ``On''
(``Run'') position; and
(4) (i) Except as provided in paragraph (ii) each dedicated TPMS
malfunction telltale must be activated as a check of lamp function
either when the ignition locking system is activated to the ``On''
(``Run'') position when the engine is not running, or when the
ignition locking system is in a position between ``On'' (``Run'')
and ``Start'' that is designated by the manufacturer as a check
position.
ii. The dedicated TPMS malfunction telltale need not be
activated when a starter interlock is in operation.
(c) Combination low tire pressure/TPMS malfunction telltale. The
vehicle meets the requirements of S4.4(a) when equipped with a
combined Low Tire Pressure/TPMS malfunction telltale that:
(1) Meets the requirements of S4.2 and S4.3; and
(2) Flashes for a period of at least 60 seconds but no longer
than 90 seconds upon detection of any condition specified in S4.4(a)
after the ignition locking system is activated to the ``On''
(``Run'') position. After each period of prescribed flashing, the
telltale must remain continuously illuminated as long as a
malfunction exists and the ignition locking system is in the ``On''
(``Run'') position. This flashing and illumination sequence must be
repeated each time the ignition locking system is placed in the
``On'' (``Run'') position until the situation causing the
malfunction has been corrected. Multiple malfunctions occurring
during any ignition cycle may, but are not required to, reinitiate
the prescribed flashing sequence.
Volkswagen reported that the noncompliance was brought to their
attention on October 15, 2009 and June 8, 2010, by the National Highway
Traffic Safety Administration's (NHTSA) Office of Vehicle Safety
Compliance (OVSC) regarding the results of OVSC's compliance test on a
2009 MY Audi A6 model passenger car to FMVSS No. 138.
After reviewing OVSC's test results Volkswagen determined that a
noncompliance with FMVSS No. 138 existed in the OVSC tested vehicle as
well as the other subject 2009 and 2010 MY vehicles. Volkswagen
explained that the noncompliance is that the combination low tire
pressure/TPMS malfunction telltale lamp (TPMS telltale lamp) does not
remain illuminated during all scenarios required by paragraph S4.4 of
FMVSS No. 138.
Volkswagen explained that when NHTSA tested the Audi A6 by driving
it with three of the originally installed 245/40 RI8 tires and one
incompatible 215/35 ZRI8 tire (7% smaller in diameter), the Electronic
Stability System (ESC) will initially detect a malfunction and
illuminate the ESC malfunction indicator telltale lamp (ESC telltale
lamp). That ESC malfunction detection will also cause the TPMS
malfunction telltale lamp to illuminate.
[[Page 48741]]
Both telltale lamps will then remain illuminated during the rest of the
ignition cycle independent of vehicle speed. When the ignition is
subsequently cycled, both the ESC and TPMS telltale lamps will re-
illuminate. Depending on the subsequent scenario of the drive cycle,
the two telltale lamps can behave in different ways. The nonconforming
scenario occurs when the vehicle is maintained at a speed range between
6.2-12.5 miles per hour (mph) for a period of time where the ESC
malfunction logic code could be cleared from the control system and
cause the ESC and TPMS telltale lamps to extinguish. If the 6.2-12.5
mph speed range is maintained for a longer period of time after the ESC
and TPMS telltale lamps extinguish (about 5 minutes), the TPMS will
recognize the incompatible tire and set the TPMS malfunction logic code
and re-illuminate the TPMS telltale lamp. The TPMS telltale lamp will
stay illuminated for as long as the incompatible tire is mounted,
independent of any ESC malfunctions.
Volkswagen argues that this noncompliance is inconsequential to
motor vehicle safety for the following reasons:
1. The TPMS telltale lamp will immediately re-illuminate if the
vehicle is accelerated above 12.5 mph, and remain on throughout the
ignition cycle regardless of the vehicles speed.
2. The TPMS telltale lamp would re-illuminate within several
minutes (about 5 minutes) if the speed under 12.5 mph and over 6.2 mph
was maintained.
3. The function of the TPMS telltale lamp given this condition
would never lead to a ``flicker'' of the light or other such confusing
performance of the signal except as required in FMVSS No. 138 S4.4(c).
4. Operation of the vehicle with an incompatible tire for a short
distance under 12.5 mph presents no safety risk. Given that the TPMS
telltale lamp would re-illuminate promptly upon the TPMS recognizing
the incompatible tire at a lower speed or upon acceleration, the chance
is insignificant that a driver might be confused by the signal, or even
notice it.
5. Volkswagen is not aware of any field or customer complaints
regarding this noncompliance.
Volkswagen also informed NHTSA that it has corrected the problem
that caused this noncompliance so that it will not be repeated in
future production.
In summation, Volkswagen believes that the described noncompliance
of its vehicles to meet the requirements of FMVSS No. 138 is
inconsequential as it relates to motor vehicle safety, and that its
petition, to exempt from providing recall notification of noncompliance
as required by 49 U.S.C. 30118 and remedying the recall noncompliance
as required by 49 U.S.C. 30120 should be granted.
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:
a. By mail addressed to: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
b. By hand delivery to U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590. The Docket Section is open on
weekdays from 10 am to 5 pm except Federal Holidays.
c. Electronically: by logging onto the Federal Docket Management
System (FDMS) Web site at http://www.regulations.gov/. Follow the
online instructions for submitting comments. Comments may also be faxed
to 1-202-493-2251.
Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that your comments were received, please
enclose a stamped, self-addressed postcard with the comments. Note that
all comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
Documents submitted to a docket may be viewed by anyone at the
address and times given above. The documents may also be viewed on the
Internet at http://www.regulations.gov by following the online
instructions for accessing the dockets. DOT's complete Privacy Act
Statement is available for review in the Federal Register published on
April 11, 2000, (65 FR 19477-78).
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, 2010.
Authority: 49 U.S.C. 30118, 30120: delegations of authority at
CFR 1.50 and 501.8.
Issued on: August 2, 2010.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2010-19764 Filed 8-10-10; 8:45 am]
BILLING CODE 4910-59-P