Volkswagen Group of America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 6856-6857 [2012-3010]

Download as PDF 6856 Federal Register / Vol. 77, No. 27 / Thursday, February 9, 2012 / Notices utility vehicle information in the owner’s manual or a separate document included with the owner’s manual (7 hours). The estimated annual burden hour is 300 hours. This number reflects the total responses (15) times the total hours (20). Prior years’ manufacturer information indicates that it takes an average of $35.00 per hour for professional and clerical staff to gather data, distribute and print material. Therefore, the agency estimates that the cost associated with the burden hours is $10,500 ($35.00 per hour x 300 burden hours). Comments are invited on: whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; the accuracy of the Department’s estimate of the burden of the proposed information collection; ways to enhance the quality, utility and clarity of the information to be collected; and ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. Christopher J. Bonanti, Associate Administrator for Rulemaking. [FR Doc. 2012–3012 Filed 2–8–12; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [U.S. DOT Docket No. NHTSA–2012–0012] Agency Requests Approval To Extend Information Collection(s): Section 410 Alcohol Impaired Driving Countermeasures National Highway Traffic Safety Administration, Department of Transportation. ACTION: Notice and request for comments. AGENCY: The Department of Transportation (DOT) invites public comments about our intention to request the Office of Management and Budget (OMB) approval to extend information collection. The collection involves preparation of certifications, and documents detailing how specific grant criteria will be met. The information to be collected will be used to and/or is necessary because it is required under 23 CFR part 1313, to apply for Section 410 grant funds. We are required to publish this notice in the Federal mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 18:04 Feb 08, 2012 Jkt 226001 Register by the Paperwork Reduction Act of 1995, Public Law 104–13. DATES: Written comments should be submitted by April 9, 2012. ADDRESSES: You may submit comments identified by Docket No. DOT–NHTSA– 2012–0012 through one of the following methods: Federal eRulemaking Portal: https:// www.regulations.gov. Follow the online instructions for submitting comments. Fax: 1 (202) 493–2251. Mail or Hand Delivery: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building, Room W12– 140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except on Federal holidays. FOR FURTHER INFORMATION CONTACT: Jackie Schraf, (202) 366–3990, NHTSA, U.S. Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC, 20590. SUPPLEMENTARY INFORMATION: OMB Control Number: 2127–0021. Title: 23 CFR, Part 1313, Alcohol Impaired Driving Countermeasures. Form Numbers: NA. Type of Review: Collection extension. Background: An impaired driving incentive grant is available to States that have an alcohol fatality rate of 0.5 or less per 100 million vehicle miles traveled as determined by using the most recent Fatality Analysis Reporting System (FARS) data or that are one of the ten States that have the highest alcohol related fatality rates as determined by using the most recent FARS data. States designated as a high fatality rate State must submit a comprehensive plan for conducting high visibility enforcement and a report on the previous years activities. States may also qualify through meeting specified program criteria. To demonstrate compliance using program criteria, a State must submit an application that shows how they meet the specified criteria. Three of eight criteria are required in FY 2006, four of eight criteria are required in FY 2007 and five of eight criteria are required in FY 2008, FY 2009 and beyond. A State designated as a high fatality rate State may also submit an application to qualify by meeting specified program criteria. Respondents: 50 States, District of Columbia and Puerto Rico. Estimated Number of Respondents: 47–50 States, District of Columbia and Puerto Rico. Estimated Number of Responses: 1–2 applications. Estimated Total Annual Burden: 1350 hours. PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 Estimated Frequency: One time per year. Public Comments Invited: You are asked to comment on any aspect of this information collection, including (a) whether the proposed collection of information is necessary for the Department’s performance; (b) the accuracy of the estimated burden; (c) ways for the Department to enhance the quality, utility and clarity of the information collection; and (d) ways that the burden could be minimized without reducing the quality of the collected information. The agency will summarize and/or include your comments in the request for OMB’s clearance of this information collection. Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended; and 49 CFR 1:48. Mary D. Gunnels, Associate Administrator, Regional Operations and Program Delivery. [FR Doc. 2012–2935 Filed 2–8–12; 8:45 am] BILLING CODE 4910–59–P 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 National Highway Traffic Safety Administration, DOT. ACTION: Receipt of petition. AGENCY: 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). Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 CFR part 556), Volkswagen has SUMMARY: 1 Volkswagen Group of America, Inc. (Volkswagen) is a motor vehicle manufacturer and importer incorporated under the laws of the state of New Jersey. E:\FR\FM\09FEN1.SGM 09FEN1 Federal Register / Vol. 77, No. 27 / Thursday, February 9, 2012 / Notices 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. 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. mstockstill on DSK4VPTVN1PROD with NOTICES 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 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. VerDate Mar<15>2010 18:04 Feb 08, 2012 Jkt 226001 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 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, selfaddressed 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 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 6857 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 DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration [Docket ID PHMSA–2012–0021] Pipeline Safety: Notice of Public Meetings on Improving Pipeline Leak Detection System Effectiveness and Understanding the Application of Automatic/Remote Control Valves Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Notice of workshop. AGENCY: The recent passage of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 has set forth several mandates and reports to Congress that PHMSA must complete. Reports on leak detection and automatic/remote control valves are among these mandates. PHMSA is sponsoring these public meetings to further study how to encourage operators to expand the use of leak detection systems (LDS) and improve system effectiveness on the Nation’s pipeline infrastructure and how remote control and automatic control valves can be installed to lessen the volume of natural gas and hazardous liquid released during catastrophic pipeline events. DATES: The public meeting on Improving Pipeline Leak Detection System Effectiveness will be held on Tuesday, March 27, 2012, from 8 a.m. to 6 p.m. EDT. The public meeting on Understanding the Application of Automatic and Remote Control Valves will be held on Wednesday, March 28, 2012, from 8 a.m. to 4 p.m. EDT. Name badge pick-up and on-site registration will be available starting at 7:30 a.m. SUMMARY: E:\FR\FM\09FEN1.SGM 09FEN1

Agencies

[Federal Register Volume 77, Number 27 (Thursday, February 9, 2012)]
[Notices]
[Pages 6856-6857]
From the Federal Register Online via the Government Printing 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).
---------------------------------------------------------------------------

    \1\ Volkswagen Group of America, Inc. (Volkswagen) is a motor 
vehicle manufacturer and importer incorporated under the laws of the 
state of New Jersey.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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 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: 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