[Federal Register Volume 81, Number 90 (Tuesday, May 10, 2016)]
[Notices]
[Pages 28935-28937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10916]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0123; Notice 2]


Volkswagen Group of America, Grant of Petition for Decision of 
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Grant of petition.

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SUMMARY: Volkswagen Group of America (Volkswagen) has determined that 
certain model year (MY) 2015-2016 Volkswagen passenger cars do not 
fully comply with paragraph S4.3(c) and S4.3(d) 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 filed a report dated November 25, 2015, 
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility 
and Reports. Volkswagen then petitioned NHTSA under 49 CFR part 556 
requesting a decision that the subject noncompliance is inconsequential 
to motor vehicle safety.

ADDRESSES: For further information on this decision contact Kerrin 
Bressant, Office of Vehicles Safety Compliance, the National Highway 
Traffic Safety Administration (NHTSA), telephone (202) 366-1110, 
facsimile (202) 366-3081.

SUPPLEMENTARY INFORMATION: 

I. Overview

    Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule 
implementing those provisions at 49 CFR part 556, Volkswagen submitted 
a petition 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. Notice of 
receipt of the petition was published, with a 30-day public comment 
period, on March 1, 2016 in the Federal Register (81 FR 10715). Two 
comments were received.

[[Page 28936]]

II. Vehicles Involved

    Affected are approximately 4,965 MY 2015-2016 Volkswagen e-Golf 
passenger vehicles that were manufactured between May 21, 2014 and 
November 14, 2015 and approximately 4,618 MY 2015-2016 Volkswagen Golf 
R passenger vehicles that were manufactured between October 24, 2014 
and November 14, 2015.

III. Noncompliance

    Volkswagen explains that the noncompliance is that the tire placard 
does not contain the word ``none'' in the area reserved for the spare 
tire specifications as required by paragraphs S4.3(c) and S4.3(d) of 
FMVSS No. 110.

IV. Rule Text

    Paragraphs S4.3(c) and (d) of FMVSS No. 110 require in pertinent 
part:

    S4.3 Placard. Each vehicle, except for a trailer or incomplete 
vehicle, shall show the information specified in S4.3(a) through 
(g), and may show, at the manufacturer's option, the information 
specified in S4.3(h) and (i), on a placard permanently affixed to 
the driver's side B-pillar. . . .
    (c) Vehicle manufacturer's recommended cold tire inflation 
pressure for front, rear and spare tires, subject to the limitations 
of S4.3.4. For full size spare tires, the statement ``see above'' 
may, at the manufacturer's option replace manufacturer's recommended 
cold tire inflation pressure. If no spare tire is provided, the word 
``none'' must replace the manufacturer's recommended cold tire 
inflation pressure.
    (d) Tire size designation, indicated by the headings ``size'' or 
``original tire size'' or ``original size,'' and ``spare tire'' or 
``spare,'' for the tires installed at the time of the first purchase 
for purposes other than resale. For full size spare tires, the 
statement ``see above'' may, at the manufacturer's option replace 
the tire size designation. If no spare tire is provided, the word 
``none'' must replace the tire size designation;

V. Summary of Volkswagen's Analyses

    Volkswagen stated its belief that the subject noncompliance is 
inconsequential to motor vehicle safety for the following reasons:
    (A) Volkswagen stated that the misprinted information on the tire 
placard is applicable to a component (spare tire) that was not provided 
with the subject vehicles.
    (B) Volkswagen explained that there is no effect on drivability, 
vehicle safety or tire wear.
    (C) Volkswagen stated that it is not aware of any field or customer 
complaints related to the subject non-compliance.
    In summation, Volkswagen believes that the described noncompliance 
of the subject vehicles is inconsequential to motor vehicle safety, and 
that its petition, to exempt Volkswagen 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.

NHTSA's Decision

    NHTSA's Analysis: Volkswagen explained that the tire placards on 
the affected ``e-Golf'' and ``Golf R'' vehicles do not contain the 
required word ``none'' in the spaces used to provide the spare tire 
information (size and cold tire pressure) since no actual spare tires 
were provided with these vehicles. On the ``e-Golf'' vehicles, the 
placard indicates dashes (``- - -'') instead of the word ``none'' in 
both the spare tire size and cold tire pressure spaces. On the ``Golf 
R'' vehicles, the placard identifies the spare tire size as ``T125/
70R18'' and a cold tire pressure of ``420KPA, 61 PSI'' instead of the 
word ``none'' in both spaces. Volkswagen stated its belief that the 
subject mislabeling has no actual effect on the vehicle's drivability, 
safety or tire wear.
    During the receipt notice comment period NHTSA received comments 
from two individuals. Both individuals believed Volkswagen's 
noncompliance is inconsequential to motor vehicle safety. The first 
individual stated that the vehicle owner will know, or learn, that the 
vehicle was not equipped with a spare tire and mentioned that NHTSA has 
approved a similar petition from General Motors. The second individual 
stated that he agrees with Volkswagen's reasoning and that the error is 
truly inconsequential to the safety of the consumer and not detrimental 
to the performance of the vehicles.
    In consideration of the e-golf vehicles where the placard uses 
dashes instead of the word ``none'', The agency believes the dashes 
will be interpreted to mean no spare tire was provided with the 
vehicle. Vehicle owners will confirm their vehicles are not equipped 
with a spare tire if, or when, there is a need for one. While some 
owners may find this inconvenient, manufacturers are not required to 
provide spare tires with vehicles they manufacture and sell. Therefore, 
the agency agrees with Volkswagen and the commenters that this 
noncompliance is inconsequential to motor vehicle safety.
    In consideration of the Golf R vehicles where the placard specifies 
an actual spare tire size and cold inflation pressure (T125/70R18 
@420kPa/61PSI) instead of the word ``none'': The agency reviewed the 
load carrying capacity associated with that tire size and inflation 
pressure combination to ensure that it could meet the load requirements 
for the vehicle's maximum loading, as specified by FMVSS No. 110, in 
the event that a vehicle owner were to purchase and use that size tire 
on the subject vehicle. If the spare tire information listed on the 
placard was found to represent a tire and inflation pressure 
combination inappropriate for the Golf R vehicles, the agency would 
consider this noncompliance as consequential to motor vehicle safety. 
However, that was not the case, the subject spare tire T125/70R18 at a 
cold tire inflation pressure of 61 PSI has a much higher load carrying 
capacity than the front and rear tires listed on the placard at the 
listed inflation pressure (775 kg versus 580 kg \1\). In addition, 
similar to the e-Golf owners, the Golf R vehicle owners will be able to 
confirm that their vehicles are not equipped with a spare tire if, or 
when, there is a need for one. Therefore, in the case of the Golf R 
vehicles, the agency also agrees with Volkswagen and the commenters 
that this noncompliance is inconsequential to motor vehicle safety.
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    \1\ The European Tyre and Rim Technical Organisation, Standards 
Manual, 2015
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    Lastly, Volkswagen stated that they are not aware of any consumer 
complaints, field communications, related to this noncompliance. 
Volkswagen informed NHTSA that it has corrected the noncompliances of 
the subject vehicles so that all production vehicles on and after 
November 15, 2015 will fully comply with FMVSS No. 110.
    NHTSA's Decision: In consideration of the foregoing analysis, NHTSA 
finds that Volkswagen has met its burden of demonstrating that the 
subject FMVSS No. 110 noncompliance in the affected vehicles is 
inconsequential to motor vehicle safety. Accordingly, Volkswagen's 
petition is hereby granted and Volkswagen is exempted from the 
obligation of providing notification of, and a free remedy for, that 
noncompliance under 49 U.S.C. 30118 and 30120.
    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, any decision on 
this petition only applies to the subject vehicles that Volkswagen no 
longer controlled at the time it determined that the noncompliance 
existed. However, any decision on this

[[Page 28937]]

petition does not relieve vehicle distributors and dealers 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 notified them that the subject 
noncompliance existed.

    Authority:  49 U.S.C. 30118, 30120: Delegations of authority at 
49 CFR 1.95 and 501.8.

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016-10916 Filed 5-9-16; 8:45 am]
 BILLING CODE 4910-59-P