[Federal Register Volume 90, Number 142 (Monday, July 28, 2025)]
[Notices]
[Pages 35577-35579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-14122]
[[Page 35577]]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2024-0064; Notice 1]
Volkswagen Group of America, Inc., Receipt of Petition for
Decision of Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
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SUMMARY: Volkswagen Group of America, Inc. (Volkswagen) has determined
that certain model year (MY) 2018-2024 Audi SQ5, MY 2021-2024 Audi SQ5
Sportback, MY 2018-2024 Audi Q5, and MY2021-2024 Audi Q5 Sportback do
not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No.
118, Power-Operated Window, Partition, and Roof Panel Systems.
Volkswagen filed a noncompliance report dated August 9, 2024, and
subsequently petitioned NHTSA (the ``Agency'') on August 30, 2024, for
a decision that the subject noncompliance is inconsequential as it
relates to motor vehicle safety. This document announces receipt of
Volkswagen's petition.
DATES: Send comments on or before August 27, 2025.
ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited in the title of this notice and may be
submitted by any of the following methods:
Mail: Send comments by mail addressed to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590.
Hand Delivery: Deliver comments by hand to the 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 for Federal Holidays.
Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting
comments.
Comments may also be faxed to (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 comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided.
All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the internet at
https://www.regulations.gov by following the online instructions for
accessing the dockets. The docket ID number for this petition is shown
in the heading of this notice.
DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000 (65 FR 19477-78).
FOR FURTHER INFORMATION CONTACT: Kamna Ralhan, General Engineer, NHTSA,
Office of Vehicle Safety Compliance, (202) 366-6443.
SUPPLEMENTARY INFORMATION:
I. Overview: Volkswagen determined that certain MY 2018-2024 Audi
SQ5, MY 2021-2024 Audi SQ5 Sportback, MY 2018-2024 Audi Q5, and MY
2021-2024 Audi Q5 Sportback do not fully comply with paragraph S6(a) of
FMVSS No. 118, Power-Operated Window, Partition, And Roof Panel
Systems. (49 CFR 571.118).
Volkswagen filed a noncompliance report dated August 9, 2024,
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility
and Reports. Volkswagen petitioned NHTSA on August 30, 2024, for an
exemption from the notification and remedy requirements of 49 U.S.C.
Chapter 301 on the basis that this noncompliance is inconsequential as
it relates to motor vehicle safety, pursuant to 49 U.S.C. 30118(d) and
30120(h) and 49 CFR part 556, Exemption for Inconsequential Defect or
Noncompliance.
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
another exercise of judgment concerning the merits of the petition.
II. Vehicles Involved: Volkswagen reports that approximately
460,169 of the following vehicles, manufactured between November 9,
2016, to June 28, 2024, are potentially involved:
MY 2018-2024 Audi SQ5
MY 2021-2024 Audi SQ5 Sportback
MY 2018-2024 Audi Q5
MY 2021-2024 Audi Q5 Sportback
III. Relevant FMVSS Requirements: Paragraph S6(a) FMVSS No. 118
includes the requirements relevant to this petition. It requires that
the actuation devices used to close power-operated windows must not
begin to close an open window during a specific prescribed test. The
test requires that a 20mm radius steel ball exerting 135 Newtons of
force or less to any portion of the window actuation device cannot
cause the window to actuate.
IV. Noncompliance: Volkswagen found during internal testing that
the switch for the driver's side window could actuate when tested in
accordance with the conditions outlined in FMVSS No. 118 S6(a).
Volkswagen found that the plastic material around the switch was able
to flex enough to allow the 20mm radius steel ball to come into contact
with and actuate the switch using 129.55 Newtons of force, causing the
window to close.
V. Summary of Volkswagen's Petition: The following views and
arguments presented in this section, ``V. Summary of Volkswagen's
Petition,'' are the views and arguments provided by Volkswagen. They
have not been evaluated by the Agency and do not reflect the views of
the Agency. Volkswagen describes the subject noncompliance and contends
that the noncompliance is inconsequential as it relates to motor
vehicle safety.
Volkswagen opens its petition by providing some background on the
requirements and the testing conditions in question. Volkswagen states
that the purpose of these requirements is to ``minimize the likelihood
of death of injury from accidental operation of power operated
windows'' caused by accidental kneeling or leaning on the power window
switch. Volkswagen claims that the steel ball test required by
paragraph S6 FMVSS No. 118 was enacted by NHTSA in 2004 to create a
baseline measurement of safety from the
[[Page 35578]]
accidental closure of windows; however, the requirements of paragraph
S6 do not apply if the automatic reversal requirements of paragraph S5
of FMVSS No. 118 are met.
Volkswagen claims that the type of switch installed in the subject
vehicles are recognized by NHTSA to be significantly less dangerous
than the switches that the steel ball test was designed to protect
against in 2004. Volkswagen explains that the subject vehicles use a
pull-to-close switch recessed into the control panel, rather than the
``rocker'' or ``toggle'' switches that are flush with the control panel
surface. To illustrate the recognized difference in risk, Volkswagen
cites the FMVSS No. 118 final rule, in which NHTSA stated that the
switch design is related to injuries where the vehicle occupants
unintentionally close power windows by leaning against or kneeling or
standing on power window switches. Volkswagen further explains that
NHTSA recognized that virtually all of the vehicles involved in such
injuries had ``rocker'' and ``toggle'' switches, which are more prone
to accidental actuation than switches that must be lifted to close the
window. The pull-to-close switches are considered resistant to
inadvertent closure because incidental contact with those switches will
not readily cause a window to close, rather, it may cause a window to
open.
Volkswagen notes that while the functionality and risk of
accidental closure are different than the ``rocker'' or ``toggle,''
pull-to-close switches are still subject to the steel ball test
required by paragraph S6 FMVSS No. 118.
Volkswagen claims that this noncompliance is inconsequential to
motor vehicle safety for eight reasons:
1. The subject vehicles are equipped with pull-to-close window
switches. Volkswagen states that, as already established by NHTSA's
statements in the FMVSS No. 118 final rule, these switches are
inherently resistant to accidental closure as accidental contact with
these switches would cause the window to open, rather than close.
2. Volkswagen states that, in addition to pull-to-close switches,
the subject vehicles have door paneling specifically designed to make
accidental closure even more unlikely. Volkswagen explains that the
switches themselves are in a concave recession of the door handle and
are surrounded by plastic and leather components. Volkswagen claims
that these two features are recognized by NHTSA to limit the
``situations in which contact with the switch could occur in a manner
that would cause the window to close.'' Volkswagen believes the reason
this is safer as elbows or knees would need to ``be small enough to fit
within the concave portion of the door, within the recessed portion of
the armrest, and within the distance between the switch and mirror
control knob'' to touch the controls, much less open the window.
3. Volkswagen's testing and simulations could not identify a real-
world scenario in which an accidental closure was likely to occur.
Volkswagen hypothesized two scenarios where accidental contact with the
switch could occur, but because of the design reasons stated above,
Volkswagen believes either scenario would cause the window to open
rather than close. Volkswagen provides some illustrations of the
simulated scenarios in its petition where unintended contact with the
switches could occur; essentially either scenario would require a child
under the age of 3 weighing over 30.3 pounds to hit the switches at a
particular angle in order to accidentally open the windows.
4. Volkswagen claims its testing found that increasing the size of
the 20mm steel ball required by the test by even a millimeter would
require an amount of force to lift the switch up exceeding the 135
Newtons specified by the test conditions in paragraph S6 of FMVSS No.
118. This means that in a real-world scenario, anything larger than
20mm would not activate the window switch with less than 135 Newtons of
force.
5. Volkswagen states that the switches in the subject vehicles
comply with paragraph S4 of FMVSS No. 118--in this case, meaning that
the ignition key would need to be in the vehicle for the windows to
operate. Volkswagen asserts that the purpose of this is to ensure that
an occupant, presumably an adult, would be in the vehicle and would be
able to supervise any child occupants. Also, the ignition, and by
extension the window, is disabled after the driver opens the driver's
side door and exits the vehicle (as per S4(e) of FMVSS No. 118).
Volkswagen states that ``for a child under three to actuate the window
in a manner described above, they would need to be unattended,
unrestrained, the vehicle ignition would have to be active, and the
driver would have to have exited without using the front two doors.''
Therefore, Volkswagen contends, the conditions for accidentally opening
the window are exceedingly improbable.
6. Volkswagen cites two granted petitions for noncompliance, one
for Volkswagen in 1995 (60 FR 48197, Sept. 18, 1995), and one for
Mitsubishi from 1999 (64 FR 1650, Jan. 11, 1999) to show that NHTSA has
previously granted similar inconsequential noncompliance petitions.
According to Volkswagen, NHTSA found that it was unlikely for an adult
driver or passenger to exit the vehicle in a manner that would evade
the requirements put in place by paragraph S4 of FMVSS No. 118, and
thereby leave an unsupervised child alone in the vehicle to potentially
activate the power windows. Either the driver of the vehicles would
have to exit the vehicle in an unlikely manner or there would still be
an adult in the vehicle to supervise any children at risk of
accidentally operating the window.
7. Volkswagen states that the subject vehicles are equipped with a
UN ECE R-21 complaint Automatic Reversal System (ARS). While this
automatic reversal system's deflection rod ratio does not exactly align
with paragraph S5 of FMVSS No. 118 ARS requirements, Volkswagen says
NHTSA ``has acknowledged the safety effectiveness of any ARS, even
those not specifically compliant to safety regulations.''
8. Volkswagen states that is unaware of any reports of injuries,
complaints, or field reports related to this issue for any of the
500,000 Audi Q5 vehicles sold in the North American market or in any
other market.
Volkswagen concludes by stating its belief that the subject
noncompliance is inconsequential as it relates to motor vehicle safety
and its petition to be exempted from providing notification of the
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the
noncompliance, as required by 49 U.S.C. 30120, should be granted.
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 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.
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(Authority: 49 U.S.C. 30118, 30120: delegations of authority at 49
CFR 1.95 and 501.8)
Otto G. Matheke, III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2025-14122 Filed 7-25-25; 8:45 am]
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