Volkswagen Group of America, Grant of Petition for Decision of Inconsequential Noncompliance, 28935-28937 [2016-10916]
Download as PDF
<![CDATA[
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 https://
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]
-----------------------------------------------------------------------
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
