Volkswagen Group of America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 22869-22870 [2017-10091]
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Federal Register / Vol. 82, No. 95 / Thursday, May 18, 2017 / Notices
L/PD, SA–5, Suite 5H03, Washington,
DC 20522–0505.
Alyson Grunder,
Deputy Assistant Secretary for Policy, Bureau
of Educational and Cultural Affairs,
Department of State.
[FR Doc. 2017–10022 Filed 5–17–17; 8:45 am]
BILLING CODE 4710–05–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2017–0020; Notice 1]
Volkswagen Group of America, Inc.,
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, Inc. (Volkswagen), has
determined that certain model year
(MY) 2013–2017 Volkswagen CC and
MY 2012–2017 Volkswagen Tiguan
motor vehicles do not fully comply with
Federal Motor Vehicle Safety Standard
(FMVSS) No. 126, Electronic Stability
Control Systems for Light Vehicles.
Volkswagen filed a noncompliance
report dated March 1, 2017. Volkswagen
also petitioned NHTSA on March 2,
2017, for a decision that the subject
noncompliance is inconsequential as it
relates to motor vehicle safety.
DATES: The closing date for comments
on the petition is June 19, 2017.
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 in the title of this
notice and be 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 Delivery: 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://
jstallworth on DSK7TPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
13:43 May 17, 2017
Jkt 241001
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 comments you have
submitted by mail 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.
All comments and supporting
materials received before the close of
business on the closing date indicated
above will be filed in the docket and
will be considered. All comments and
supporting materials received after the
closing date will also be filed and will
be considered to the fullest extent
possible.
When the petition is granted or
denied, notice of the decision will also
be published in the Federal Register
pursuant to the authority indicated at
the end of this notice.
All comments, background
documentation, and supporting
materials submitted to the 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. The docket ID number for this
petition is shown in the heading of this
notice.
DOT’s complete Privacy Act
Statement is available for review in a
Federal Register notice published on
April 11, 2000, (65 FR 19477–78).
SUPPLEMENTARY INFORMATION:
I. Overview
Volkswagen Group of America, Inc.
(Volkswagen), has determined that
certain model year (MY) 2013–2017
Volkswagen CC and MY 2012–2017
Volkswagen Tiguan motor vehicles do
not fully comply with paragraph S5.3.3
of FMVSS No. 126, Electronic Stability
Control Systems for Light Vehicles.
Volkswagen filed a noncompliance
report dated March 1, 2017, pursuant to
49 CFR part 573, Defect and
Noncompliance Responsibility and
Reports. Volkswagen also petitioned
NHTSA on March 2, 2017, pursuant to
49 U.S.C. 30118(d) and 30120(h) and 49
CFR part 556, for an exemption from the
notification and remedy requirements of
PO 00000
Frm 00068
Fmt 4703
Sfmt 4703
22869
49 U.S.C. chapter 301 on the basis that
this noncompliance is inconsequential
as it relates 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
Approximately 230,458 MY 2013–
2017 Volkswagen CC motor vehicles,
manufactured between January 19,
2012, and November 28, 2016, and MY
2012–2017 Volkswagen Tiguan motor
vehicles, manufactured between January
9, 2012 and February 28, 2017, are
potentially involved.
III. Noncompliance
Volkswagen explains that during an
electronic stability control (ESC)
malfunction in the subject vehicles, the
ESC malfunction telltale illuminates as
required by FMVSS No. 126 unless the
steering angle sensor is the source of the
malfunction. In the instance of a
steering angle sensor malfunction the
indicator telltale does not re-illuminate
immediately after the vehicle ignition is
reactivated as required by paragraph
S5.3.3 of FMVSS No. 126. Specifically,
the ESC malfunction telltale will only
re-illuminate after the vehicle reaches a
speed of 1.2 mph.
IV. Rule Text
Paragraph S5.3.3 of FMVSS No. 26
provides, in pertinent part:
S5.3.3 As of September 1, 2011, except as
provided in paragraphs S5.3.4, S5.3.5, S5.3.8,
and S5.3.10, the ESC malfunction telltale
must illuminate only when a malfunction(s)
of the ESC system exists and must remain
continuously illuminated under the
conditions specified in S5.3 for as long as the
malfunction exists (unless the ‘‘ESC
malfunction’’ and ‘‘ESC off’’ telltales are
combined in a two-part telltale and the ‘‘ESC
off’’ telltale is illuminated), whenever the
ignition locking system is in the ‘‘On’’
(‘‘Run’’) position . . .
V. Summary of Volkswagen’s Petition
Volkswagen submits that the
condition described above is
inconsequential as it relates to motor
vehicle safety because the warning (ESC
warning lamp) immediately reilluminates when the vehicle starts to
move and reaches 2 km/h or 1.2 mph.
Further, the particular condition is
limited to an ESC system fault caused
by the steering angle sensor. For all
other potential ESC system faults, the
warning lamp illuminates as required
with the next ignition key in the ‘‘On’’
(‘‘Run’’) position.
E:\FR\FM\18MYN1.SGM
18MYN1
jstallworth on DSK7TPTVN1PROD with NOTICES
22870
Federal Register / Vol. 82, No. 95 / Thursday, May 18, 2017 / Notices
Volkswagen concluded by expressing
the belief that the subject
noncompliance is inconsequential as it
relates to motor vehicle safety, and that
its petition to be exempted from
providing notification of the
noncompliance, as required by 49
U.S.C. 30118, and a remedy for the
noncompliance, as required by 49
U.S.C. 30120, should be granted.
In a supplemental email from
Volkswagen dated March 29, 2017,
Volkswagen stated that the ESC warning
light illuminates and stays on for the
complete ignition cycle and does not
turn off when the vehicle decelerates
below 1.2 mph. However, the steering
wheel warning light is constantly
illuminated and is not turned off with
ignition key cycle, which represents a
substitutional warning. Volkswagen
says that the 1.2 mph (2km/h) threshold
was used to prevent triggering of
warning lamps when workshops work
on steering components and turn the
wheels during repairs with non-attached
components/sensors etc. during the
repair and causing erratic signals during
such repairs. This ‘‘repair aid
threshold’’ is in conflict with the
FMVSS. Volkswagen also says, to
clarify, all Tiguan and CC vehicles are
affected that were built since the
updated regulation went into effect
(regulation refers to the specific vehicle
production date, i.e. 2011–09–01). All
CC and Tiguan’s are fitted with the same
ABS/ESC system.
To view Volkswagen’s petition
analyses and any supplemental
information in its entirety you can visit
https://www.regulations.gov by
following the online instructions for
accessing the dockets and by using the
docket ID number for this petition
shown in the heading of this notice.
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
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
VerDate Sep<11>2014
13:43 May 17, 2017
Jkt 241001
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. 2017–10091 Filed 5–17–17; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF VETERANS
AFFAIRS
Announcement of Public Meeting
Department of Veterans Affairs.
Announcement of public
meeting.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) is holding a public meeting
to seek consultative advice in
implementing section 3 of the Veterans
Mobility Safety Act of 2016 (hereafter
referred to as ‘‘the Act’’), as VA
develops the comprehensive policy
regarding quality standards for
providers of modification services to
veterans under VA’s automobile
adaptive equipment (AAE) program.
DATES: Written comments, statements,
testimonies and supporting information
will be accepted between June 13, 2017
and June 20, 2017, and considered with
the same weight as oral comments and
supporting information presented at the
public meeting. VA will hold the public
meeting on June 13, 2017, in
Washington, DC. The meeting will start
at 9:00 a.m. and conclude on or before
4:00 p.m. Check-in will begin at 8:00
a.m.
ADDRESSES: The meeting will be held at
the VA Central Office at 810 Vermont
Ave. NW., Washington, DC 20420. This
facility is accessible to individuals with
disabilities.
*In person attendance will be limited
to 150 individuals. Advanced
registration for individuals and groups
is strongly encouraged (see registration
instructions below). For listening
purposes only (phone lines will be
muted), the meeting will be available
via audio which can be accessed by
dialing 1–800–767–1750 access code:
74078.
Please submit all written comments
no later than June 20, 2017, by any of
the following methods:
• Federal Rulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments. Note: Comments previously
submitted in response to the February
2nd notice will be considered and
resubmission is not required.
SUMMARY:
PO 00000
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Fmt 4703
Sfmt 4703
• Mail, Hand Delivery, Courier:
Postmarked no later than June 20, 2017,
to: Director of Regulations Management
(00REG), Department of Veterans
Affairs, 810 Vermont Ave NW., Room
1068, Washington, DC 20420. Note:
Copies of comments received will be
available for public inspection in the
Office of Regulation Policy and
Management, Room 1063B, between the
hours of 8:00 a.m. and 4:30 p.m.,
Monday through Friday (except Federal
Holidays). Please call (202) 461–4902
(this is not a toll-free number) for an
appointment.
• Fax: (202) 273–9026 ATTENTION:
Director of Regulations Management
(00REG).
All submissions must include the
agency name and docket number. Note
that all comments received will be
posted and can be viewed online
through the Federal Docket Management
System at https://www.regulations.gov.
Privacy Act: Anyone is able to search
the electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review the Privacy Act Statement (5
U.S.C. 552, 552a, and 552b) or visit
https://www.gpo.gov/fdsys/pkg/FR2005-09-20/pdf/05-18728.pdf.
Confidential Business Information: If
you wish to submit any information
under a claim of confidentiality, you
should submit three copies of your
complete submission, including the
information you claim to be confidential
business information, to the Director of
Regulations Management (00REG) at the
address given under WRITTEN
COMMENTS. In addition, you should
submit two copies, from which you
have deleted the claimed confidential
business information, to Docket
Management at the address given above.
When you send a comment containing
information claimed to be confidential
business information, you should
submit a cover letter setting forth the
information specified in the privacy act
statement section.
FOR FURTHER INFORMATION CONTACT:
Shayla Mitchell, Ph.D., CRC,
Rehabilitation and Prosthetic Services
(10P4R), Veterans Health
Administration, Department of Veterans
Affairs, 810 Vermont Ave. NW.,
Washington, DC 20420,
shayla.mitchell@va.gov or (202) 461–
0389 (This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: On
February 2, 2017, VA published a notice
in the Federal Register (FR), requesting
information from interested parties
E:\FR\FM\18MYN1.SGM
18MYN1
Agencies
[Federal Register Volume 82, Number 95 (Thursday, May 18, 2017)]
[Notices]
[Pages 22869-22870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10091]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2017-0020; Notice 1]
Volkswagen Group of America, Inc., Receipt of Petition for
Decision of Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
-----------------------------------------------------------------------
SUMMARY: Volkswagen Group of America, Inc. (Volkswagen), has determined
that certain model year (MY) 2013-2017 Volkswagen CC and MY 2012-2017
Volkswagen Tiguan motor vehicles do not fully comply with Federal Motor
Vehicle Safety Standard (FMVSS) No. 126, Electronic Stability Control
Systems for Light Vehicles. Volkswagen filed a noncompliance report
dated March 1, 2017. Volkswagen also petitioned NHTSA on March 2, 2017,
for a decision that the subject noncompliance is inconsequential as it
relates to motor vehicle safety.
DATES: The closing date for comments on the petition is June 19, 2017.
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 in the title of this notice and be
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 Delivery: 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 comments you have submitted by mail 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.
All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
All comments, background documentation, and supporting materials
submitted to the 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. The docket ID number for this petition is shown
in the heading of this notice.
DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000, (65 FR 19477-78).
SUPPLEMENTARY INFORMATION:
I. Overview
Volkswagen Group of America, Inc. (Volkswagen), has determined that
certain model year (MY) 2013-2017 Volkswagen CC and MY 2012-2017
Volkswagen Tiguan motor vehicles do not fully comply with paragraph
S5.3.3 of FMVSS No. 126, Electronic Stability Control Systems for Light
Vehicles. Volkswagen filed a noncompliance report dated March 1, 2017,
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility
and Reports. Volkswagen also petitioned NHTSA on March 2, 2017,
pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, for an
exemption from the notification and remedy requirements of 49 U.S.C.
chapter 301 on the basis that this noncompliance is inconsequential as
it relates 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
Approximately 230,458 MY 2013-2017 Volkswagen CC motor vehicles,
manufactured between January 19, 2012, and November 28, 2016, and MY
2012-2017 Volkswagen Tiguan motor vehicles, manufactured between
January 9, 2012 and February 28, 2017, are potentially involved.
III. Noncompliance
Volkswagen explains that during an electronic stability control
(ESC) malfunction in the subject vehicles, the ESC malfunction telltale
illuminates as required by FMVSS No. 126 unless the steering angle
sensor is the source of the malfunction. In the instance of a steering
angle sensor malfunction the indicator telltale does not re-illuminate
immediately after the vehicle ignition is reactivated as required by
paragraph S5.3.3 of FMVSS No. 126. Specifically, the ESC malfunction
telltale will only re-illuminate after the vehicle reaches a speed of
1.2 mph.
IV. Rule Text
Paragraph S5.3.3 of FMVSS No. 26 provides, in pertinent part:
S5.3.3 As of September 1, 2011, except as provided in paragraphs
S5.3.4, S5.3.5, S5.3.8, and S5.3.10, the ESC malfunction telltale
must illuminate only when a malfunction(s) of the ESC system exists
and must remain continuously illuminated under the conditions
specified in S5.3 for as long as the malfunction exists (unless the
``ESC malfunction'' and ``ESC off'' telltales are combined in a two-
part telltale and the ``ESC off'' telltale is illuminated), whenever
the ignition locking system is in the ``On'' (``Run'') position . .
.
V. Summary of Volkswagen's Petition
Volkswagen submits that the condition described above is
inconsequential as it relates to motor vehicle safety because the
warning (ESC warning lamp) immediately re-illuminates when the vehicle
starts to move and reaches 2 km/h or 1.2 mph.
Further, the particular condition is limited to an ESC system fault
caused by the steering angle sensor. For all other potential ESC system
faults, the warning lamp illuminates as required with the next ignition
key in the ``On'' (``Run'') position.
[[Page 22870]]
Volkswagen concluded by expressing the belief that the subject
noncompliance is inconsequential as it relates to motor vehicle safety,
and that its petition to be exempted from providing notification of the
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the
noncompliance, as required by 49 U.S.C. 30120, should be granted.
In a supplemental email from Volkswagen dated March 29, 2017,
Volkswagen stated that the ESC warning light illuminates and stays on
for the complete ignition cycle and does not turn off when the vehicle
decelerates below 1.2 mph. However, the steering wheel warning light is
constantly illuminated and is not turned off with ignition key cycle,
which represents a substitutional warning. Volkswagen says that the 1.2
mph (2km/h) threshold was used to prevent triggering of warning lamps
when workshops work on steering components and turn the wheels during
repairs with non-attached components/sensors etc. during the repair and
causing erratic signals during such repairs. This ``repair aid
threshold'' is in conflict with the FMVSS. Volkswagen also says, to
clarify, all Tiguan and CC vehicles are affected that were built since
the updated regulation went into effect (regulation refers to the
specific vehicle production date, i.e. 2011-09-01). All CC and Tiguan's
are fitted with the same ABS/ESC system.
To view Volkswagen's petition analyses and any supplemental
information in its entirety you can visit https://www.regulations.gov
by following the online instructions for accessing the dockets and by
using the docket ID number for this petition shown in the heading of
this notice.
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 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. 2017-10091 Filed 5-17-17; 8:45 am]
BILLING CODE 4910-59-P