[Federal Register Volume 85, Number 206 (Friday, October 23, 2020)]
[Notices]
[Pages 67605-67606]
[FR Doc No: 2020-23509]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2020-0082; 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) 2019-2020 Audi A6, MY 2019-2020 Audi A7,
and MY 2020 Audi A6 Allroad motor vehicles do not fully comply with
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 noncompliance report dated
May 20, 2020. Volkswagen simultaneously petitioned NHTSA on May 20,
2020, for a decision that the subject noncompliance is inconsequential
as it relates to motor vehicle safety. This notice announces receipt of
Volkswagen's petition.

DATES: Send comments on or before November 23, 2020.

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
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<PHONE_NUMBER>.

    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 docket. 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).

SUPPLEMENTARY INFORMATION:
    I. Overview: Volkswagen has determined that certain MY 2019-2020
Audi A6, MY 2019-2020 Audi A7, and MY 2020 Audi A6 Allroad motor
vehicles do not fully comply with the requirements of paragraph S4.3(c)
of 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 (49 CFR
571.110). Volkswagen filed a noncompliance report dated May 20, 2020,
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility
and Reports. Volkswagen simultaneously petitioned NHTSA on May 20,
2020, 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
other exercise of judgment concerning the merits of the petition.
    II. Vehicles Involved: Approximately 652 MY 2019-2020 Audi A6, MY
2019-2020 Audi A7, and MY 2020 Audi A6 Allroad motor vehicles,
manufactured between September 24, 2018, and May 14, 2020, are
potentially involved.
    III. Noncompliance: Volkswagen explains that the noncompliance is
that the subject vehicles are equipped with a tire placard label
(located on the driver's side B-pillar) that was incorrectly printed to
include cold tire inflation pressure information for a spare tire that
is not present in the affected vehicles and therefore, does not meet
the requirements specified in paragraph S4.3(c) of FMVSS No. 110.
Specifically, since the subject vehicles are not equipped with a spare
tire, the tire placard label should contain the word ``none'' in the
cold tire inflation pressure section.
    IV. Rule Requirements: Paragraph S4.3(c) of FMVSS No. 110 includes
the requirements relevant to this petition. Vehicle manufacturer's
recommended cold tire inflation pressure for front, rear, and spare
tires, are subject to the limitations of paragraph 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.
    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 described the subject noncompliance and stated
their belief that the noncompliance is inconsequential as it relates to
motor vehicle safety.
    In support of its petition, Volkswagen submitted the following
reasoning:
    1. The MY 2019-2020 Audi A6, the MY 2019-2020 Audi A7, and the MY
2020 Audi A6 Allroad vehicles are not equipped with a spare tire. The
required tire placard label, located on the driver's side B-Pillar, was
misprinted and does not contain the word ``none'' in the cold tire
inflation pressure location for the spare tire, as required under 49
CFR part 571.110 S4.3(c). As the vehicle is not equipped with a spare
tire, there is no actual effect on drivability, vehicle safety, or tire
wear.
    2. Volkswagen submits that the condition described above is
inconsequential as it relates to motor vehicle safety because the
information misprinted on the tire placard label is applicable to a
component (spare tire) which is not equipped in the vehicle. There is
no effect on drivability, vehicle safety, or tire wear.
    3. Volkswagen says that as of May 15, 2020, the condition has been
corrected.
    4. Affected vehicles held at the factory have been corrected, and
unsold units in dealer inventory will be corrected prior to sale.
Additionally, Volkswagen is not aware of any field or customer
complaints related to this condition, nor has it been made aware of any
accidents or injuries that have occurred as a result of this issue.
    Volkswagen concluded by expressing the belief that the subject
noncompliance is inconsequential as it relates to motor vehicle safety,
and that 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.

(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. 2020-23509 Filed 10-22-20; 8:45 am]
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