Volkswagen Group of America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 48740-48741 [2010-19764]

Agencies

• National Highway Traffic Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 75, Number 154 (Wednesday, August 11, 2010)]
[Notices]
[Pages 48740-48741]
From the Federal Register Online via the Government Printing 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 https://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 https://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 https://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