Volkswagen Group of America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 22869-22870 [2017-10091]

Download as PDF 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 http://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 Frm 00069 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 http://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]


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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