Volkswagen Group of America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 32830-32831 [2019-14484]

Download as PDF 32830 Federal Register / Vol. 84, No. 131 / Tuesday, July 9, 2019 / Notices khammond on DSKBBV9HB2PROD with NOTICES include your name and a mailing address, an email address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission. Instructions: All submissions received must include the agency name and specific docket number. All comments received will be posted without change to the docket at www.regulations.gov, including any personal information provided. For detailed instructions on submitting comments, see the section entitled Public Participation. FOR FURTHER INFORMATION CONTACT: Bianca Carr, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue SE, Room W23–453, Washington, DC 20590. Telephone 202– 366–9309, Email Bianca.carr@dot.gov. SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel LADY ARLENE is: —Intended Commercial use of Vessel: ‘‘The intended commercial use will be mainly one day charters, typically from 9:00 a.m. to 8:00 p.m. The Charters will be sightseeing and on Board entertaining with 6 to 12 guests.’’ —Geographic Region Including Base of Operations: ‘‘Florida and New York (excluding New York Harbor)’’ (Base of Operations: Port Washington, Long Island) —Vessel Length and Type: 105′ motor vessel The complete application is available for review identified in the DOT docket as MARAD–2019–0111 at http:// www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD’s regulations at 46 CFR part 388, that the issuance of the waiver will have an unduly adverse effect on a U.S.vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the vessel name, state the commenter’s interest in the waiver application, and address the waiver criteria given in section 388.4 of MARAD’s regulations at 46 CFR part 388. Public Participation How do I submit comments? Please submit your comments, including the attachments, following the instructions provided under the above heading entitled ADDRESSES. Be advised VerDate Sep<11>2014 17:47 Jul 08, 2019 Jkt 247001 that it may take a few hours or even days for your comment to be reflected on the docket. In addition, your comments must be written in English. We encourage you to provide concise comments and you may attach additional documents as necessary. There is no limit on the length of the attachments. Where do I go to read public comments, and find supporting information? Go to the docket online at http:// www.regulations.gov., keyword search MARAD–2019–0111 or visit the Docket Management Facility (see ADDRESSES for hours of operation). We recommend that you periodically check the Docket for new submissions and supporting material. Will my comments be made available to the public? Yes. Be aware that your entire comment, including your personal identifying information, will be made publicly available. May I submit comments confidentially? If you wish to submit comments 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 Department of Transportation, Maritime Administration, Office of Legislation and Regulations, MAR–225, W24–220, 1200 New Jersey Avenue SE, Washington, DC 20590. Include a cover letter setting forth with specificity the basis for any such claim and, if possible, a summary of your submission that can be made available to the public. Privacy Act In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, to www.regulations.gov, as described in the system of records notice, DOT/ALL–14 FDMS, accessible through www.dot.gov/privacy. To facilitate comment tracking and response, we encourage commenters to provide their name, or the name of their organization; however, submission of names is completely optional. Whether or not commenters identify themselves, all timely comments will be fully considered. If you wish to provide comments containing proprietary or confidential information, please contact the agency for alternate submission instructions. Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, 46 U.S.C. 12121. PO 00000 Dated: July 2, 2019. Frm 00132 Fmt 4703 Sfmt 4703 By Order of the Maritime Administrator. T. Mitchell Hudson, Jr., Secretary, Maritime Administration. [FR Doc. 2019–14505 Filed 7–8–19; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2019–0006; 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) 2015–2016 Audi A3 and Audi S3 motor vehicles do not comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equipment. Volkswagen filed a noncompliance report dated January 28, 2019, and also petitioned NHTSA on January 28, 2019, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This document announces receipt of Volkswagen’s petition. DATES: Send comments on or before August 8, 2019. 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 submitted by any of the following methods: • Mail: Send comments by mail addressed to the 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 the 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 for Federal Holidays. • Electronically: Submit comments electronically by logging onto the Federal Docket Management System (FDMS) website at https:// www.regulations.gov/. Follow the online instructions for submitting comments. SUMMARY: E:\FR\FM\09JYN1.SGM 09JYN1 khammond on DSKBBV9HB2PROD with NOTICES Federal Register / Vol. 84, No. 131 / Tuesday, July 9, 2019 / Notices • 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 has determined that certain MY 2015–2016 Audi A3, S3 Sedan, and A3 Cabriolet motor vehicles do not comply with paragraph S9.3.6. of FMVSS No. 108, Lamps, Reflective Devices, and Associated Equipment (49 CFR 571.108). Volkswagen filed a noncompliance report dated January 28, 2019, pursuant to 49 CFR 573, Defect and Noncompliance Responsibility and Reports, and subsequently petitioned NHTSA on January 28, 2019, 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, pursuant to 40 U.S.C. 30118 and 49 U.S.C. 30120, Exemption for Inconsequential Defect or Noncompliance. VerDate Sep<11>2014 17:47 Jul 08, 2019 Jkt 247001 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 81,831 MY 2015–2016 Audi A3, S3 Sedan and A3 Cabriolet motor vehicles, manufactured between November 28, 2013, and July 28, 2016, are potentially involved. III. Noncompliance: Volkswagen explains that the noncompliance is that the subject vehicles are equipped with turn signal pilot indicators that do not meet the flashing rate as required by paragraph S9.3.6 of FMVSS No. 108. Specifically, the left turn signal indicator, does not have a significant change in the flashing rate when the left rear turn signal LED array becomes inoperative. IV. Rule Requirements: Paragraph S9.3.6 of FMVSS No. 108 provides the requirements relevant to this petition. Failure of one or more turn signal lamps, such that the minimum photometric performance specified in Tables VI or VII of FMVSS No. 108 is not being met, must be indicated by the turn signal pilot indicator by a ‘‘steady on,’’ ‘‘steady off,’’ or by a significant change in the flashing rate. V. Summary of Petition: Volkswagen described the subject noncompliance and stated its belief that the noncompliance is inconsequential as it relates to motor vehicle safety. In support of its petition, Volkswagen submitted the following reasoning: 1. The driver receives two different indicator warnings in the instrument cluster immediately upon error. The brake light and indicator light/turn signal are combined and the referenced tail lamp assembly subject to FMVSS No. 108 is the outboard lighting assembly. The subject condition is limited to the outermost left rear lamp assembly only. 2. In the case of bulb failure, both lights (brake light and indicator light/ turn signal are combined) become inoperative, including the turn signal. Should the LED left turn signal become inoperative, the external indicator lights that signal left turns, which are located on the trunk and on the left side view mirror of the vehicle, are still operational. 3. Additionally, the reverse lamp in the left rear tail lamp assembly, the left brake light in the trunk lid assembly, and the center high mount stop lamp, will remain operational. Volkswagen concluded that the subject noncompliance is inconsequential as it relates to motor PO 00000 Frm 00133 Fmt 4703 Sfmt 4703 32831 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. 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 equipment 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.) Otto G. Matheke III, Director, Office of Vehicle Safety Compliance. [FR Doc. 2019–14484 Filed 7–8–19; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration [Docket No. PHMSA–2019–0100] Hazardous Materials: Notice of Availability of the Draft Environmental Assessment for a Special Permit Request for Liquefied Natural Gas by Rail Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Notice; comment period extension. AGENCY: PHMSA is extending the comment period for the notice announcing the availability for public review of and comment on the draft environmental assessment for a special permit request to transport ‘‘Methane, Refrigerated Liquid’’ (i.e., liquefied natural gas) by rail tank car. DATES: The comment period for the notice published June 6, 2019, at 84 FR 26507, is extended. Comments should SUMMARY: E:\FR\FM\09JYN1.SGM 09JYN1

Agencies

[Federal Register Volume 84, Number 131 (Tuesday, July 9, 2019)]
[Notices]
[Pages 32830-32831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14484]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2019-0006; 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) 2015-2016 Audi A3 and Audi S3 motor 
vehicles do not comply with Federal Motor Vehicle Safety Standard 
(FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equipment. 
Volkswagen filed a noncompliance report dated January 28, 2019, and 
also petitioned NHTSA on January 28, 2019, for a decision that the 
subject noncompliance is inconsequential as it relates to motor vehicle 
safety. This document announces receipt of Volkswagen's petition.

DATES: Send comments on or before August 8, 2019.

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 
submitted by any of the following methods:
     Mail: Send comments by mail addressed to the 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 the 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 for Federal Holidays.
     Electronically: Submit comments electronically by logging 
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting 
comments.

[[Page 32831]]

     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 has determined that certain MY 2015-2016 
Audi A3, S3 Sedan, and A3 Cabriolet motor vehicles do not comply with 
paragraph S9.3.6. of FMVSS No. 108, Lamps, Reflective Devices, and 
Associated Equipment (49 CFR 571.108). Volkswagen filed a noncompliance 
report dated January 28, 2019, pursuant to 49 CFR 573, Defect and 
Noncompliance Responsibility and Reports, and subsequently petitioned 
NHTSA on January 28, 2019, 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, 
pursuant to 40 U.S.C. 30118 and 49 U.S.C. 30120, Exemption for 
Inconsequential Defect or Noncompliance.
    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 81,831 MY 2015-2016 Audi A3, 
S3 Sedan and A3 Cabriolet motor vehicles, manufactured between November 
28, 2013, and July 28, 2016, are potentially involved.
    III. Noncompliance: Volkswagen explains that the noncompliance is 
that the subject vehicles are equipped with turn signal pilot 
indicators that do not meet the flashing rate as required by paragraph 
S9.3.6 of FMVSS No. 108. Specifically, the left turn signal indicator, 
does not have a significant change in the flashing rate when the left 
rear turn signal LED array becomes inoperative.
    IV. Rule Requirements: Paragraph S9.3.6 of FMVSS No. 108 provides 
the requirements relevant to this petition. Failure of one or more turn 
signal lamps, such that the minimum photometric performance specified 
in Tables VI or VII of FMVSS No. 108 is not being met, must be 
indicated by the turn signal pilot indicator by a ``steady on,'' 
``steady off,'' or by a significant change in the flashing rate.
    V. Summary of Petition: Volkswagen described the subject 
noncompliance and stated its belief that the noncompliance is 
inconsequential as it relates to motor vehicle safety.
    In support of its petition, Volkswagen submitted the following 
reasoning:
    1. The driver receives two different indicator warnings in the 
instrument cluster immediately upon error. The brake light and 
indicator light/turn signal are combined and the referenced tail lamp 
assembly subject to FMVSS No. 108 is the outboard lighting assembly. 
The subject condition is limited to the outermost left rear lamp 
assembly only.
    2. In the case of bulb failure, both lights (brake light and 
indicator light/turn signal are combined) become inoperative, including 
the turn signal. Should the LED left turn signal become inoperative, 
the external indicator lights that signal left turns, which are located 
on the trunk and on the left side view mirror of the vehicle, are still 
operational.
    3. Additionally, the reverse lamp in the left rear tail lamp 
assembly, the left brake light in the trunk lid assembly, and the 
center high mount stop lamp, will remain operational.
    Volkswagen concluded 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.
    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 
equipment 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.)

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2019-14484 Filed 7-8-19; 8:45 am]
 BILLING CODE 4910-59-P