Volkswagen Group of America, Receipt of Petition for Decision of Inconsequential Noncompliance, 10715-10716 [2016-04371]

Download as PDF Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Notices DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2015–0123; Notice 1] Volkswagen Group of America, Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. AGENCY: Volkswagen Group of America (Volkswagen), has determined that certain model year (MY) 2015–2016 Volkswagen e-Golf and Golf R passenger cars do not fully comply with paragraphs 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. DATES: The closing date for comments on the petition is March 31, 2016. 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 at the beginning of this notice and submitted by any of the following methods: • Mail: Send comments 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. • Hand Deliver: Deliver comments by hand 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. • Electronically: Submit comments 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 (202) 493–2251. Comments must be written in the English language, and be no greater than asabaliauskas on DSK5VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 20:18 Feb 29, 2016 Jkt 238001 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 indicated above 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. SUPPLEMENTARY INFORMATION: I. Overview: Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 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. 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: 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, located on the driver’s side B-pillar, was misprinted and does not contain the word ‘‘none’’ in the area reserved for the spare tire specifications (i.e., size and pressure valves) as PO 00000 Frm 00151 Fmt 4703 Sfmt 4703 10715 required by paragraphs S4.3(c) and S4.3(d) of FMVSS No. 110. IV. Rule Text: Paragraph S4.3 of FMVSS No. 110 requires 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) through (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 Petition: Volkswagen believes that the subject noncompliance is inconsequential to motor vehicle safety because the misprinted information on the tire placard is applicable to a component (spare tire) that was not provided with the subject vehicles. Volkswagen also stated that there is no effect on drivability, vehicle safety or tire wear. Volkswagen also stated that they are not aware of any field or customer complaints related to the subject noncompliance. Volkswagen additionally informed NHTSA that it has corrected the noncompliance so that all production of the subject vehicle models on and after November 14, 2015 will fully comply with FMVSS No. 110. In summation, Volkswagen believes that the described noncompliances of the subject vehicles is inconsequential to motor vehicle safety, and that its petition, to exempt Volkswagen from providing recall notification of noncompliances 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 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 E:\FR\FM\01MRN1.SGM 01MRN1 10716 Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Notices 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. Jeffrey M. Giuseppe, Director, Office of Vehicle Safety Compliance. [FR Doc. 2016–04371 Filed 2–29–16; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency Agency Information Collection Activities: Information Collection Renewal; Comment Request; Municipal Securities Dealers and Government Securities Brokers and Dealers—Registration and Withdrawal Office of the Comptroller of the Currency (OCC), Treasury. ACTION: Notice and request for comment. AGENCY: The OCC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on a continuing information collection, as required by the Paperwork Reduction Act of 1995. Under the Paperwork Reduction Act of 1995 (the PRA), Federal Agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information and to allow 60 days for public comment in response to the notice. In accordance with the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), the OCC may not conduct or sponsor, and the respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number. The OCC is soliciting comment concerning the renewal of its information collection asabaliauskas on DSK5VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 21:39 Feb 29, 2016 Jkt 238001 titled, ’’Municipal Securities Dealers and Government Securities Brokers and Dealers—Registration and Withdrawal.’’ DATES: You should submit written comments by May 2, 2016. ADDRESSES: Because paper mail in the Washington, DC area and at the OCC is subject to delay, commenters are encouraged to submit comments by email, if possible. Comments may be sent to: Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency, Mail Stop 9W–11, Attention: 1557–0184, Washington, DC 20219. In addition, comments may be sent by fax to (571) 465–4326 or by electronic mail to prainfo@occ.treas.gov. You may personally inspect and photocopy comments at the OCC, 400 7th Street SW., Washington, DC 20219. For security reasons, the OCC requires that visitors make an appointment to inspect comments. You may do so by calling (202) 649–6700 or, for persons who are deaf or hard of hearing, TTY, (202) 649– 5597. Upon arrival, visitors will be required to present valid governmentissued photo identification and to submit to security screening in order to inspect and photocopy comments. All comments received, including attachments and other supporting materials, are part of the public record and subject to public disclosure. Do not include any information in your comment or supporting materials that you consider confidential or inappropriate for public disclosure. FOR FURTHER INFORMATION CONTACT: Shaquita Merritt, Clearance Officer, (202) 649–5490 or, for persons who are deaf or hard of hearing, TTY, (202) 649– 5597, Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency, 400 7th Street SW., Washington, DC 20219. SUPPLEMENTARY INFORMATION: Under the PRA, Federal agencies must obtain approval from the OMB for each collection of information they conduct or sponsor. ‘‘Collection of information’’ is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) to include obtaining, causing to be obtained, soliciting, or requiring the disclosure to an Agency of information by means of identical questions posed to, or identical reporting, recordkeeping, or disclosure requirements imposed on, ten or more persons. Section 3506(c)(2)(A) of the PRA requires Federal agencies to provide a 60-day notice in the Federal Register concerning each proposed collection of information, including each proposed extension or revision of an existing collection of information, before submitting the collection to OMB PO 00000 Frm 00152 Fmt 4703 Sfmt 4703 for approval. In compliance with the PRA, the OCC is publishing notice of the proposed extension of the collection of information set forth in this document. The OCC is proposing to extend OMB approval of the following information collection: Title: Municipal Securities Dealers and Government Securities Brokers and Dealers—Registration and Withdrawal. OMB Control No.: 1557–0184. Form Numbers: MSD, MSDW,1 MSD– 4, MSD–5, G–FIN, G–FINW, GFIN–4 and GFIN–5.2 Abstract: This information collection is required to satisfy the requirements of section 15B 3 and section 15C 4 of the Securities Exchange Act of 1934, which require, in part, any national bank or Federal savings association that acts as a government securities broker/dealer or a municipal securities dealer to file the appropriate form with the OCC to inform the agency of its broker/dealer activities. The OCC uses this information to determine which national banks and Federal savings associations are acting as government securities broker/dealers and municipal securities dealers and to monitor entry into and exit from these activities by institutions and registered persons. The OCC also uses the information in planning national bank and Federal savings association examinations. Type of Review: Renewal of a currently approved collection. The collection has not changed. The OCC asks only that OMB approve its revised estimates and extend its approval of the forms. Affected Public: Businesses or other for-profit; individuals. Estimated Number of Respondents: 19 (8 government securities dealers; 1 municipal securities dealer; and 10 municipal and government securities dealers). Estimated Number of Responses: 802. Frequency of Response: On occasion. Estimated Annual Burden: 735.5 burden hours. Comments submitted in response to this notice will be summarized and included in the request for OMB approval. All comments will become a 1 The Securities and Exchange Commission (SEC) maintains collections for the MSD and MSDW under OMB Control Nos. 3235–0083 and 3235– 0087, however, there is a requirement that these be filed with the OCC, which is covered by OMB Control No. 1557–0184. 2 The Department of the Treasury maintains collections for the G–FIN–4 and G–FIN–5 under OMB Control No. 1535–0089, however there is a requirement that they be filed with the OCC, which is covered by OMB Control No. 1557–0184. 3 15 U.S.C. 78o–4. 4 15 U.S.C. 78o–5. E:\FR\FM\01MRN1.SGM 01MRN1

Agencies

[Federal Register Volume 81, Number 40 (Tuesday, March 1, 2016)]
[Notices]
[Pages 10715-10716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04371]



[[Page 10715]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0123; Notice 1]


Volkswagen Group of America, 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 (Volkswagen), has determined that 
certain model year (MY) 2015-2016 Volkswagen e-Golf and Golf R 
passenger cars do not fully comply with paragraphs 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.

DATES: The closing date for comments on the petition is March 31, 2016.

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 at the beginning of this notice and 
submitted by any of the following methods:
     Mail: Send comments 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.
     Hand Deliver: Deliver comments by hand 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.
     Electronically: Submit comments 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 (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 above 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.

SUPPLEMENTARY INFORMATION: 
    I. Overview: Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see 
implementing rule 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.
    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: 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, located on the driver's side B-pillar, was 
misprinted and does not contain the word ``none'' in the area reserved 
for the spare tire specifications (i.e., size and pressure valves) as 
required by paragraphs S4.3(c) and S4.3(d) of FMVSS No. 110.
    IV. Rule Text: Paragraph S4.3 of FMVSS No. 110 requires 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) through (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 Petition: Volkswagen believes that the 
subject noncompliance is inconsequential to motor vehicle safety 
because the misprinted information on the tire placard is applicable to 
a component (spare tire) that was not provided with the subject 
vehicles. Volkswagen also stated that there is no effect on 
drivability, vehicle safety or tire wear.
    Volkswagen also stated that they are not aware of any field or 
customer complaints related to the subject noncompliance.
    Volkswagen additionally informed NHTSA that it has corrected the 
noncompliance so that all production of the subject vehicle models on 
and after November 14, 2015 will fully comply with FMVSS No. 110.
    In summation, Volkswagen believes that the described noncompliances 
of the subject vehicles is inconsequential to motor vehicle safety, and 
that its petition, to exempt Volkswagen from providing recall 
notification of noncompliances 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 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

[[Page 10716]]

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.

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016-04371 Filed 2-29-16; 8:45 am]
 BILLING CODE 4910-59-P
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