[Federal Register Volume 77, Number 27 (Thursday, February 9, 2012)]
[Notices]
[Pages 6856-6857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3010]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2011-0082; Notice 1]


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

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Receipt of petition.

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SUMMARY: Volkswagen Group of America, Inc., (Volkswagen),\1\ has 
determined that certain model year 2011 Volkswagen Jetta passenger cars 
equipped with a TDI engine and Goodyear Eagle Vector 205/55 R16 94V XL 
tires, do not fully comply with paragraph S4.2.1.2 of Federal Motor 
Vehicle Safety Standard (FMVSS) No. 110, Tire selection and rims and 
motor home/recreation vehicle trailer load carrying capacity 
information for motor vehicles with a GVWR of 4,536 kilograms (10,000 
pounds) or less. Volkswagen has filed an appropriate report pursuant to 
49 CFR part 573, Defect and Noncompliance Responsibility and Reports 
(dated June 7, 2011).
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    \1\ Volkswagen Group of America, Inc. (Volkswagen) is a motor 
vehicle manufacturer and importer 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

[[Page 6857]]

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 463 model year 2011 Volkswagen Jetta 
passenger cars equipped with a TDI engine and Goodyear Eagle Vector 
205/55 R16 94V XL tires, and manufactured between March 18, 2011 and 
March 23, 2011.
    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 463 \2\ vehicles that Volkswagen no longer controlled 
at the time that it determined that a noncompliance existed in the 
subject vehicles.
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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 vehicle 
manufacturer from the notification and recall responsibilities of 49 
CFR part 573 for the 463 affected vehicles. However, a decision on 
this petition cannot relieve vehicle distributors and dealers of the 
prohibitions on the sale, offer for sale, introduction or delivery 
for introduction into interstate commerce of the noncompliant 
vehicles under their control after Volkswagen notified them that the 
subject noncompliance existed.
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    Paragraph S4.2.1.2 of FMVSS No. 110 requires:

    S4.2.1.2 The vehicle normal load on the tire shall not be 
greater than 94 percent of the load rating at the vehicle 
manufacturer's recommended cold inflation pressure for that tire.

    Volkswagen explains that the noncompliance is that the recommended 
cold tire inflation pressure stated on the tire and loading information 
label is less than that calculated as prescribed by paragraph S4.2.1.2 
of FMVSS No. 110 for the Goodyear Eagle Vector 205/55 R16 94V XL tires 
installed on the subject vehicles. The tire and loading information 
label shows a recommended tire pressure of 33 psi, however, it should 
read 34 psi.
    Volkswagen argues that this noncompliance is inconsequential to 
motor vehicle safety because the noncompliant vehicle placards do not 
create an unsafe condition and all other labeling requirements have 
been met.
    In summation, Volkswagen believes that the described noncompliance 
of its tire and loading information labels to meet the requirements of 
FMVSS No. 110 is inconsequential 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 a.m. to 5 p.m. 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: March 12, 2012.

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

    Issued on: February 3, 2012.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2012-3010 Filed 2-8-12; 8:45 am]
BILLING CODE 4910-59-P