Volkswagen Group of America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 43660-43661 [2019-17948]

Agencies

• National Highway Traffic Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 84, Number 162 (Wednesday, August 21, 2019)]
[Notices]
[Pages 43660-43661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17948]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2019-0030; 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.

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SUMMARY: Volkswagen Group of America, Inc., (Volkswagen) has determined 
that certain model year (MY) 2019 Audi A6 and Audi A7 motor vehicles do 
not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 
135, Light Vehicle Brake Systems. Volkswagen filed a noncompliance 
report dated March 27, 2019, and subsequently petitioned NHTSA on April 
17, 2019, for a decision that the subject noncompliance is 
inconsequential as it relates to motor vehicle safety. This notice 
announces receipt of Volkswagen's petition.

DATES: Send comments on or before September 20, 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.
     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 2019 Audi A6 and Audi A7 
motor vehicles do not fully comply with the requirements of paragraph 
S5.4.3 of FMVSS No. 135, Light Vehicle Brake Systems (49 CFR 571.135). 
Volkswagen filed a noncompliance report dated March 27, 2019, pursuant 
to 49 CFR part 573, Defect and Noncompliance Responsibility and 
Reports, and subsequently petitioned NHTSA on April 17, 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 49 U.S.C. 30118(d) and 
30120(h) and 49 CFR part 556, 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.

[[Page 43661]]

II. Vehicles Involved

    Approximately 3,908 MY 2019 Audi A6 and Audi A7 vehicles 
manufactured between July 27, 2018, and November 6, 2018, are 
potentially involved.

III. Noncompliance

    Volkswagen explains that the noncompliance is that a small number 
of the affected vehicles may have a European-specification brake fluid 
reservoir cap instead of the one required for the North American/United 
States market as required by paragraph S5.4.3 of FMVSS No. 135. 
Specifically, the subject brake fluid reservoir caps may not include 
the required warning label.

IV. Rule Requirements

    Paragraph S5.4.3 of FMVSS 135, includes the requirements relevant 
to this petition. Each vehicle equipped with hydraulic brakes shall 
have a brake fluid warning statement that reads as follows, in letters 
at least 3.2 mm (\1/8\ inch) high: ``WARNING: Clean filler cap before 
removing. Use only ______fluid from a sealed container.'' (Inserting 
the recommended type of brake fluid as specified in 49 CFR 571.116, 
e.g., ``DOT 3.'' The lettering shall be permanently affixed, engraved, 
or embossed, located so as to be visible by direct view, either on or 
within 100 mm (3.94 inches) of the brake fluid reservoir filler plug or 
cap, and of a color that contrasts with its background, if it is not 
engraved or embossed.

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 brake fluid cap shows clearly the specification of brake 
fluid required.
    2. The brake fluid cap conforms to the requirements of 
ISO9128:2006, which is a requirement of UN-ECE Regulations 13 and 13h.
    3. Volkswagen asserts that NHTSA has previously granted the 
following petitions to accept ISO symbols in the absence of FMVSS 
labelling.
    (a) Jaguar Land Rover petition regarding light vehicle brake 
systems, re: Brake fluid cap (84 FR 13095,13098);
    (b) Ford petition regarding controls and displays including brake 
system-related telltales (78 FR 69931, 69932); and
    (c) Hyundai petition regarding lower anchorage identification (73 
FR 38290, 38291).
    4. Volkswagen states that the brake fluid cap provides clear 
symbols including one for caution and one for referring to owner manual 
instructions. The manual indicates the proper brake fluid specification 
for use in the vehicle.
    5. Service to the brake system involving an exchange of the brake 
fluid is not a standard maintenance activity for an owner/user. Repairs 
to the brake system, which includes evacuating and refilling the brake 
fluid, requires basic technical knowledge regarding the brake system 
and should be performed by a trained technician.
    6. Volkswagen has not received any field or customer complaints 
related to this condition.
    7. Volkswagen has not received notification of any accidents or 
injuries resulting from this issue.
    Volkswagen's complete petition and all supporting documents are 
available by logging onto the Federal Docket Management System (FDMS) 
website at https://www.regulations.gov and by following the online 
search instructions to locate the docket number as listed in the title 
of this notice.
    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.
    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).

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2019-17948 Filed 8-20-19; 8:45 am]
 BILLING CODE 4910-59-P