Volkswagen Group of America, Grant of Petition for Decision of Inconsequential Noncompliance, 28935-28937 [2016-10916]

Download as PDF asabaliauskas on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 90 / Tuesday, May 10, 2016 / Notices operations during a forecast period that is at least five (5) years in the future, and the ways in which such operations will affect such maps. The Act requires such maps to be developed in consultation with interested and affected parties in the local community, government agencies, and persons using the airport. An airport operator who has submitted noise exposure maps that are found by FAA to be in compliance with the requirements of Federal Aviation Regulations (FAR) Part 150, promulgated pursuant to the Act, may submit a noise compatibility program for FAA approval which sets forth the measures the operator has taken or proposes to take to reduce existing noncompatible uses and prevent the introduction of additional noncompatible uses. The FAA has completed its review of the noise exposure maps and accompanying documentation submitted by the Susquehanna Regional Airport Authority. The documentation that constitutes the ‘‘Noise Exposure Maps’’ (NEM) as defined in Section 150.7 of Part 150 includes: 2015 Base Year NEM Figure (3–1) and 2020 Future Year NEM Figure (4–1). The Noise Exposure Maps contain current and forecast information, including the depiction of the airport and its boundaries, the runway configurations, and land uses such as residential, open space, commercial/office, community facilities, libraries, churches, open space, infrastructure, vacant and warehouse and those areas within the Day Night Average Sound Level (DNL) 65, 70 and 75 noise contours. Estimates for the area within these contours for the 2015 Base Year are shown in Table 3–1 and Table 4–1; and in Chapters 3 and 4 of the NEM. Estimates of the future residential population within the 2020 Future Year noise contours are shown in Table 4–1 and in Chapter 4 of the NEM. Appendix E, Figure E–1, displays the location of noise monitoring sites. Flight tracks for the existing and the five-year forecast Noise Exposure Maps are found in Chapter 2 and Appendix F. The type and frequency of aircraft operations (including nighttime operations) are found in Appendix F, Tables F–1 through and F–3. The FAA has determined that these noise exposure maps and accompanying documentation are in compliance with applicable requirements. This determination is effective on May 3, 2016. FAA’s determination on an airport operator’s noise exposure maps is limited to a finding that the maps were developed in accordance with the procedures contained in Appendix A of VerDate Sep<11>2014 17:33 May 09, 2016 Jkt 238001 FAR Part 150. Such determination does not constitute approval of the applicant’s data, information or plans; or a commitment to approve a noise compatibility program or to fund the implementation of that program. If questions arise concerning the precise relationship of specific properties to noise exposure contours depicted on a noise exposure map submitted under Section 47503 of the Act, it should be noted that the FAA is not involved in any way in determining the relative locations of specific properties with regard to the depicted noise contours, or in interpreting the noise exposure maps to resolve questions concerning, for example, which properties should be covered by the provisions of Section 47506 of the Act. These functions are inseparable from the ultimate land use control and planning responsibilities of local government. These local responsibilities are not changed in any way under Part 150 or through FAA’s review of noise exposure maps. Therefore, the responsibility for the detailed overlaying of noise exposure contours onto the map depicting properties on the surface rests exclusively with the airport operator that submitted those maps, or with those public agencies and planning agencies with which consultation is required under Section 47503 of the Act. The FAA has relied on the certification by the airport operator, under Section 150.21 of FAR Part 150, that the statutorily required consultation has been accomplished. Copies of the full noise exposure map documentation and of the FAA’s evaluation of the maps are available for examination at the following locations: Federal Aviation Administration, Eastern Region, Airports Division, AEA–600, 1 Aviation Plaza, Jamaica, New York 11434. Federal Aviation Administration, Harrisburg Airports District Office, 3905 Hartzdale Drive, Suite 508, Camp Hill, PA 17011. Susquehanna Area Regional Aiport Authority, One Terminal Drive, Suite 300, Middletown, PA 17057. FOR FURTHER INFORMATION CONTACT: Harrisburg Airports District Office (HAR ADO), Susan L. McDonald, Environmental Protection Specialist, Federal Aviation Administration, HAR ADO, 3905 Hartzdale Drive, Suite 508, Camp Hill, PA 17011, Telephone: (717) 730–2830. PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 28935 Issued in Camp Hill, PA on May 3, 2016. Lori K. Pagnanelli, Manager, Harrisburg Airports District Office, Eastern Region. [FR Doc. 2016–10979 Filed 5–9–16; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2015–0123; Notice 2] Volkswagen Group of America, Grant of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). AGENCY: ACTION: Grant of petition. Volkswagen Group of America (Volkswagen) has determined that certain model year (MY) 2015–2016 Volkswagen passenger cars do not fully comply with paragraph 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. SUMMARY: For further information on this decision contact Kerrin Bressant, Office of Vehicles Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366–1110, facsimile (202) 366– 3081. ADDRESSES: SUPPLEMENTARY INFORMATION: I. Overview Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule implementing those provisions 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. Notice of receipt of the petition was published, with a 30day public comment period, on March 1, 2016 in the Federal Register (81 FR 10715). Two comments were received. E:\FR\FM\10MYN1.SGM 10MYN1 28936 Federal Register / Vol. 81, No. 90 / Tuesday, May 10, 2016 / Notices 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 does not contain the word ‘‘none’’ in the area reserved for the spare tire specifications as required by paragraphs S4.3(c) and S4.3(d) of FMVSS No. 110. IV. Rule Text Paragraphs S4.3(c) and (d) of FMVSS No. 110 require in pertinent part: asabaliauskas on DSK3SPTVN1PROD with NOTICES 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) and (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 Analyses Volkswagen stated its belief that the subject noncompliance is inconsequential to motor vehicle safety for the following reasons: (A) Volkswagen stated that the misprinted information on the tire placard is applicable to a component (spare tire) that was not provided with the subject vehicles. (B) Volkswagen explained that there is no effect on drivability, vehicle safety or tire wear. (C) Volkswagen stated that it is not aware of any field or customer complaints related to the subject noncompliance. In summation, Volkswagen believes that the described noncompliance of the subject vehicles is inconsequential to motor vehicle safety, and that its VerDate Sep<11>2014 17:33 May 09, 2016 Jkt 238001 petition, to exempt Volkswagen 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. NHTSA’s Decision NHTSA’s Analysis: Volkswagen explained that the tire placards on the affected ‘‘e-Golf’’ and ‘‘Golf R’’ vehicles do not contain the required word ‘‘none’’ in the spaces used to provide the spare tire information (size and cold tire pressure) since no actual spare tires were provided with these vehicles. On the ‘‘e-Golf’’ vehicles, the placard indicates dashes (‘‘- - -’’) instead of the word ‘‘none’’ in both the spare tire size and cold tire pressure spaces. On the ‘‘Golf R’’ vehicles, the placard identifies the spare tire size as ‘‘T125/70R18’’ and a cold tire pressure of ‘‘420KPA, 61 PSI’’ instead of the word ‘‘none’’ in both spaces. Volkswagen stated its belief that the subject mislabeling has no actual effect on the vehicle’s drivability, safety or tire wear. During the receipt notice comment period NHTSA received comments from two individuals. Both individuals believed Volkswagen’s noncompliance is inconsequential to motor vehicle safety. The first individual stated that the vehicle owner will know, or learn, that the vehicle was not equipped with a spare tire and mentioned that NHTSA has approved a similar petition from General Motors. The second individual stated that he agrees with Volkswagen’s reasoning and that the error is truly inconsequential to the safety of the consumer and not detrimental to the performance of the vehicles. In consideration of the e-golf vehicles where the placard uses dashes instead of the word ‘‘none’’, The agency believes the dashes will be interpreted to mean no spare tire was provided with the vehicle. Vehicle owners will confirm their vehicles are not equipped with a spare tire if, or when, there is a need for one. While some owners may find this inconvenient, manufacturers are not required to provide spare tires with vehicles they manufacture and sell. Therefore, the agency agrees with Volkswagen and the commenters that this noncompliance is inconsequential to motor vehicle safety. In consideration of the Golf R vehicles where the placard specifies an actual spare tire size and cold inflation pressure (T125/70R18 @420kPa/61PSI) instead of the word ‘‘none’’: The agency reviewed the load carrying capacity associated with that tire size and inflation pressure combination to ensure that it could meet the load requirements PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 for the vehicle’s maximum loading, as specified by FMVSS No. 110, in the event that a vehicle owner were to purchase and use that size tire on the subject vehicle. If the spare tire information listed on the placard was found to represent a tire and inflation pressure combination inappropriate for the Golf R vehicles, the agency would consider this noncompliance as consequential to motor vehicle safety. However, that was not the case, the subject spare tire T125/70R18 at a cold tire inflation pressure of 61 PSI has a much higher load carrying capacity than the front and rear tires listed on the placard at the listed inflation pressure (775 kg versus 580 kg 1). In addition, similar to the e-Golf owners, the Golf R vehicle owners will be able to confirm that their vehicles are not equipped with a spare tire if, or when, there is a need for one. Therefore, in the case of the Golf R vehicles, the agency also agrees with Volkswagen and the commenters that this noncompliance is inconsequential to motor vehicle safety. Lastly, Volkswagen stated that they are not aware of any consumer complaints, field communications, related to this noncompliance. Volkswagen informed NHTSA that it has corrected the noncompliances of the subject vehicles so that all production vehicles on and after November 15, 2015 will fully comply with FMVSS No. 110. NHTSA’s Decision: In consideration of the foregoing analysis, NHTSA finds that Volkswagen has met its burden of demonstrating that the subject FMVSS No. 110 noncompliance in the affected vehicles is inconsequential to motor vehicle safety. Accordingly, Volkswagen’s petition is hereby granted and Volkswagen is exempted from the obligation of providing notification of, and a free remedy for, that noncompliance under 49 U.S.C. 30118 and 30120. 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 1 The European Tyre and Rim Technical Organisation, Standards Manual, 2015 E:\FR\FM\10MYN1.SGM 10MYN1 Federal Register / Vol. 81, No. 90 / Tuesday, May 10, 2016 / Notices 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. 2016–10916 Filed 5–9–16; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF THE TREASURY Office of Foreign Assets Control Additional Designations, Foreign Narcotics Kingpin Designation Act Office of Foreign Assets Control, Treasury. ACTION: Notice. AGENCY: The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) is publishing the names of eight individuals and 69 entities whose property and interests in property have been blocked pursuant to the Foreign Narcotics Kingpin Designation Act (Kingpin Act), 21 U.S.C. 1901–1908, 8 U.S.C. 1182. DATES: The designations by the Acting Director of OFAC of the eight individuals and 69 entities identified in this notice pursuant to section 805(b) of the Kingpin Act are effective on May 5, 2016. FOR FURTHER INFORMATION CONTACT: Assistant Director, Sanctions Compliance & Evaluation, Office of Foreign Assets Control, U.S. Department of the Treasury, Washington, DC 20220, Tel: (202) 622–2490. SUPPLEMENTARY INFORMATION: SUMMARY: Electronic and Facsimile Availability asabaliauskas on DSK3SPTVN1PROD with NOTICES This document and additional information concerning OFAC are available on OFAC’s Web site at http:// www.treasury.gov/ofac or via facsimile through a 24-hour fax-on-demand service at (202) 622–0077. Background The Kingpin Act became law on December 3, 1999. The Kingpin Act provides a statutory framework for the imposition of sanctions against significant foreign narcotics traffickers and their organizations on a worldwide basis, with the objective of denying their businesses and agents access to the U.S. VerDate Sep<11>2014 17:33 May 09, 2016 Jkt 238001 financial system and the benefits of trade and transactions involving U.S. companies and individuals. The Kingpin Act blocks all property and interests in property, subject to U.S. jurisdiction, owned or controlled by significant foreign narcotics traffickers as identified by the President. In addition, the Kingpin Act provides that the Secretary of the Treasury, in consultation with the Attorney General, the Director of the Central Intelligence Agency, the Director of the Federal Bureau of Investigation, the Administrator of the Drug Enforcement Administration, the Secretary of Defense, the Secretary of State, and the Secretary of Homeland Security, may designate and block the property and interests in property, subject to U.S. jurisdiction, of persons who are found to be: (1) Materially assisting in, or providing financial or technological support for or to, or providing goods or services in support of, the international narcotics trafficking activities of a person designated pursuant to the Kingpin Act; (2) owned, controlled, or directed by, or acting for or on behalf of, a person designated pursuant to the Kingpin Act; or (3) playing a significant role in international narcotics trafficking. On May 5, 2016, the Acting Director of OFAC designated the following eight individuals and 69 entities whose property and interests in property are blocked pursuant to section 805(b) of the Kingpin Act. Individuals 1. CASTRO MONTOTO, Norman Douglas; DOB 06 Jul 1962; citizen Panama; Passport 1871296 (Panama) (individual) [SDNTK] (Linked To: WAKED MONEY LAUNDERING ORGANIZATION). Designated for materially assisting in, or providing financial or technological support for or to, or providing goods or services in support of, the international narcotics trafficking activities of the WAKED MONEY LAUNDERING ORGANIZATION and/or Nidal Ahmed WAKED HATUM, and/or being controlled or directed by, or acting for or on behalf of, the WAKED MONEY LAUNDERING ORGANIZATION and/or Nidal Ahmed WAKED HATUM, and therefore meets the criteria for designation pursuant to sections 805(b)(2) and/or (3) of the Kingpin Act, 21 U.S.C. 1904(b)(2) and/or (3). 2. TOUZARD ROMO, Lucia, Ave. Samuel Lewis y Calle 54, Urb. Obarrio Torre Generali, piso 11, Apartado 0831–02–513, Panama, Panama; DOB 24 Jan 1971; POB Panama; citizen Panama; Passport 0159068 (Panama) (individual) [SDNTK] (Linked To: WAKED MONEY LAUNDERING ORGANIZATION). Designated for materially assisting in, or providing financial or technological support for or to, or providing goods or services in support of, the international narcotics trafficking activities of PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 28937 the WAKED MONEY LAUNDERING ORGANIZATION and/or Abdul Mohamed WAKED FARES, and/or being controlled or directed by, or acting for or on behalf of, Abdul Mohamed WAKED FARES, Mohamed Abdo WAKED DARWICH, and/or GRUPO WISA, S.A., and therefore meets the criteria for designation pursuant to sections 805(b)(2) and/or (3) of the Kingpin Act, 21 U.S.C. 1904(b)(2) and/or (3). 3. WAKED DARWICH, Mohamed Abdo (a.k.a. WAKED DARWICH, Hamudi); DOB 30 Aug 1977; POB Colombia; citizen Panama; Cedula No. N–19–828 (Panama) (individual) [SDNTK] (Linked To: WAKED MONEY LAUNDERING ORGANIZATION). Designated for being controlled or directed by, or acting for or on behalf of, the WAKED MONEY LAUNDERING ORGANIZATION and Abdul Mohamed WAKED FARES, and therefore meets the criteria for designation pursuant to section 805(b)(3) of the Kingpin Act, 21 U.S.C. 1904(b)(3). 4. WAKED FARES, Abdul Mohamed; DOB 19 Dec 1949; alt. DOB 09 Dec 1949; POB Kamed El Louz, Lebanon; citizen Panama; alt. citizen Lebanon; alt. citizen Colombia; Cedula No. N–19–804 (Panama); Passport 1640816 (Panama) (individual) [SDNTK] (Linked To: WAKED MONEY LAUNDERING ORGANIZATION). Designated for playing a significant role in international narcotics trafficking, and therefore meets the criteria for designation pursuant to section 805(b)(4) of the Kingpin Act, 21 U.S.C. 1904(b)(4). 5. WAKED HATUM, Jalal Ahmed (a.k.a. WAKED HATOUM, Jalal); DOB 18 Oct 1976; POB Colombia; citizen Panama; alt. citizen Colombia; Cedula No. 3–700–2344 (Panama); Passport 0091672 (Panama); alt. Passport 1426177 (Panama); alt. Passport 1706460 (Panama) (individual) [SDNTK] (Linked To: WAKED MONEY LAUNDERING ORGANIZATION). Designated for materially assisting in, or providing financial or technological support for or to, or providing goods or services in support of, the international narcotics trafficking activities of the WAKED MONEY LAUNDERING ORGANIZATION and/or Nidal Ahmed WAKED HATUM, and/or being controlled or directed by, or acting for or on behalf of, the WAKED MONEY LAUNDERING ORGANIZATION and/or Nidal Ahmed WAKED HATUM, and therefore meets the criteria for designation pursuant to sections 805(b)(2) and/or (3) of the Kingpin Act, 21 U.S.C. 1904(b)(2) and/or (3). 6. WAKED HATUM, Ali; DOB 28 Aug 1972; Cedula No. N–19–612 (Panama) (individual) [SDNTK] (Linked To: WAKED MONEY LAUNDERING ORGANIZATION). Designated for materially assisting in, or providing financial or technological support for or to, or providing goods or services in support of, the international narcotics trafficking activities of the WAKED MONEY LAUNDERING ORGANIZATION and/or Nidal Ahmed WAKED HATUM, and/or being controlled or directed by, or acting for or on behalf of, the WAKED MONEY LAUNDERING ORGANIZATION and/or Nidal Ahmed WAKED HATUM, and therefore meets the criteria for designation pursuant to sections 805(b)(2) and/or (3) of the Kingpin Act, 21 U.S.C. 1904(b)(2) and/or (3). E:\FR\FM\10MYN1.SGM 10MYN1

Agencies

[Federal Register Volume 81, Number 90 (Tuesday, May 10, 2016)]
[Notices]
[Pages 28935-28937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10916]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0123; Notice 2]


Volkswagen Group of America, Grant of Petition for Decision of 
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Grant of petition.

-----------------------------------------------------------------------

SUMMARY: Volkswagen Group of America (Volkswagen) has determined that 
certain model year (MY) 2015-2016 Volkswagen passenger cars do not 
fully comply with paragraph 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.

ADDRESSES: For further information on this decision contact Kerrin 
Bressant, Office of Vehicles Safety Compliance, the National Highway 
Traffic Safety Administration (NHTSA), telephone (202) 366-1110, 
facsimile (202) 366-3081.

SUPPLEMENTARY INFORMATION: 

I. Overview

    Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule 
implementing those provisions 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. Notice of 
receipt of the petition was published, with a 30-day public comment 
period, on March 1, 2016 in the Federal Register (81 FR 10715). Two 
comments were received.

[[Page 28936]]

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 
does not contain the word ``none'' in the area reserved for the spare 
tire specifications as required by paragraphs S4.3(c) and S4.3(d) of 
FMVSS No. 110.

IV. Rule Text

    Paragraphs S4.3(c) and (d) of FMVSS No. 110 require 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) and (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 Analyses

    Volkswagen stated its belief that the subject noncompliance is 
inconsequential to motor vehicle safety for the following reasons:
    (A) Volkswagen stated that the misprinted information on the tire 
placard is applicable to a component (spare tire) that was not provided 
with the subject vehicles.
    (B) Volkswagen explained that there is no effect on drivability, 
vehicle safety or tire wear.
    (C) Volkswagen stated that it is not aware of any field or customer 
complaints related to the subject non-compliance.
    In summation, Volkswagen believes that the described noncompliance 
of the subject vehicles is inconsequential to motor vehicle safety, and 
that its petition, to exempt Volkswagen 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.

NHTSA's Decision

    NHTSA's Analysis: Volkswagen explained that the tire placards on 
the affected ``e-Golf'' and ``Golf R'' vehicles do not contain the 
required word ``none'' in the spaces used to provide the spare tire 
information (size and cold tire pressure) since no actual spare tires 
were provided with these vehicles. On the ``e-Golf'' vehicles, the 
placard indicates dashes (``- - -'') instead of the word ``none'' in 
both the spare tire size and cold tire pressure spaces. On the ``Golf 
R'' vehicles, the placard identifies the spare tire size as ``T125/
70R18'' and a cold tire pressure of ``420KPA, 61 PSI'' instead of the 
word ``none'' in both spaces. Volkswagen stated its belief that the 
subject mislabeling has no actual effect on the vehicle's drivability, 
safety or tire wear.
    During the receipt notice comment period NHTSA received comments 
from two individuals. Both individuals believed Volkswagen's 
noncompliance is inconsequential to motor vehicle safety. The first 
individual stated that the vehicle owner will know, or learn, that the 
vehicle was not equipped with a spare tire and mentioned that NHTSA has 
approved a similar petition from General Motors. The second individual 
stated that he agrees with Volkswagen's reasoning and that the error is 
truly inconsequential to the safety of the consumer and not detrimental 
to the performance of the vehicles.
    In consideration of the e-golf vehicles where the placard uses 
dashes instead of the word ``none'', The agency believes the dashes 
will be interpreted to mean no spare tire was provided with the 
vehicle. Vehicle owners will confirm their vehicles are not equipped 
with a spare tire if, or when, there is a need for one. While some 
owners may find this inconvenient, manufacturers are not required to 
provide spare tires with vehicles they manufacture and sell. Therefore, 
the agency agrees with Volkswagen and the commenters that this 
noncompliance is inconsequential to motor vehicle safety.
    In consideration of the Golf R vehicles where the placard specifies 
an actual spare tire size and cold inflation pressure (T125/70R18 
@420kPa/61PSI) instead of the word ``none'': The agency reviewed the 
load carrying capacity associated with that tire size and inflation 
pressure combination to ensure that it could meet the load requirements 
for the vehicle's maximum loading, as specified by FMVSS No. 110, in 
the event that a vehicle owner were to purchase and use that size tire 
on the subject vehicle. If the spare tire information listed on the 
placard was found to represent a tire and inflation pressure 
combination inappropriate for the Golf R vehicles, the agency would 
consider this noncompliance as consequential to motor vehicle safety. 
However, that was not the case, the subject spare tire T125/70R18 at a 
cold tire inflation pressure of 61 PSI has a much higher load carrying 
capacity than the front and rear tires listed on the placard at the 
listed inflation pressure (775 kg versus 580 kg \1\). In addition, 
similar to the e-Golf owners, the Golf R vehicle owners will be able to 
confirm that their vehicles are not equipped with a spare tire if, or 
when, there is a need for one. Therefore, in the case of the Golf R 
vehicles, the agency also agrees with Volkswagen and the commenters 
that this noncompliance is inconsequential to motor vehicle safety.
---------------------------------------------------------------------------

    \1\ The European Tyre and Rim Technical Organisation, Standards 
Manual, 2015
---------------------------------------------------------------------------

    Lastly, Volkswagen stated that they are not aware of any consumer 
complaints, field communications, related to this noncompliance. 
Volkswagen informed NHTSA that it has corrected the noncompliances of 
the subject vehicles so that all production vehicles on and after 
November 15, 2015 will fully comply with FMVSS No. 110.
    NHTSA's Decision: In consideration of the foregoing analysis, NHTSA 
finds that Volkswagen has met its burden of demonstrating that the 
subject FMVSS No. 110 noncompliance in the affected vehicles is 
inconsequential to motor vehicle safety. Accordingly, Volkswagen's 
petition is hereby granted and Volkswagen is exempted from the 
obligation of providing notification of, and a free remedy for, that 
noncompliance under 49 U.S.C. 30118 and 30120.
    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

[[Page 28937]]

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. 2016-10916 Filed 5-9-16; 8:45 am]
 BILLING CODE 4910-59-P