Volkswagen Group of America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 41670-41671 [2020-14847]

Download as PDF 41670 Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Notices jbell on DSKJLSW7X2PROD with NOTICES series, aircraft registration number, aircraft serial number, the proposed MEL, and nonessential equipment and furnishings list, if applicable. The FAA currently issues MEL approvals under the provisions of § 91.213(a) through two methods: (1) D095 LOA and (2) D195 LOA. The FAA is simplifying § 91.213(a) MEL approvals by transitioning to one method of approval, LOA D195, and streamlining the application and approval process to reduce regulatory costs, burdens, and delays. While developing this new § 91.213(a) LOA policy, the FAA discovered that approval for information collection was inadvertently overlooked during the § 91.213 rulemaking process. We now seek to remedy that omission. Respondents: Approximately 2,638 aircraft operators of U.S.-registered aircraft who desire to operate under 14 CFR 91.213(a). Frequency: One time for the initial request for MEL approval and LOA issuance, and thereafter for MEL revision. Estimated Average Burden per Response: 20 hours for initial approval; 4 hours for revision Estimated Total Annual Burden: We estimate the average annual burden for the first 10 years will be 38,792 hours. Due to implementation of new MEL policy, we anticipate an annual burden of 55,392 hours for the first 5 years and 22,192 hours thereafter, resulting in a 10-year average of 38,792 hours per year. Our rationale follows: The FAA Aerospace Forecast for Fiscal Years 2020–2040 projects the general aviation fleet to decline slightly, rounded up to an average of 0% change annually. Therefore, we will use the current average of 1308 part 91 MEL LOAs issued per year. Over the past 4 years, 81% of these LOAs were for initial MEL approval and 19% were for MEL revision. We estimate a 20 hour burden for an initial MEL request and a 4 hour burden for an MEL revision. This results in an annual burden of 22,192 hours. 1,308 × 81% = 1,060; 1,060 × 20 hours = 21,200 hours 1,308 × 19% = 248; 248 × 4 hours = 992 hours 21,200 hours + 992 hours = 22,192 hours Additionally, there are 8,300 active D095 LOAs. The new FAA policy will phase out the use of D095 over five years. Holders of D095 LOAs who wish to operate under § 91.213(a) must request D195 LOA issuance. Therefore, on average, for the first 5 years, we anticipate an additional 1,660 MEL LOA VerDate Sep<11>2014 18:28 Jul 09, 2020 Jkt 250001 requests. These would all be initial MEL requests and result in an additional 33,200 hours each year for the first 5 years. 1,660 × 20 hours = 33,200 hours Therefore, for the first 5 years, we anticipate an annual burden of 55,392 hours (22,192 + 33,200) and 22,192 hours thereafter, resulting in an average of 38,792 hours per year. Issued in Washington, DC, on July 7, 2020. Dwayne C. Morris, Project Manager, Flight Standards Service, General Aviation and Commercial Division. [FR Doc. 2020–14952 Filed 7–9–20; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2020–0066; 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) 2019 2020 Volkswagen and Audi motor vehicles do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 138, Tire Pressure Monitoring Systems. Volkswagen filed a noncompliance report dated May 6, 2020, and later amended it on May 15, 2020. Volkswagen subsequently petitioned NHTSA on May 20, 2020, and later amended it on June 8, 2020, 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 August 10, 2020. 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 SUMMARY: PO 00000 Frm 00156 Fmt 4703 Sfmt 4703 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 docket. 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 2020 Volkswagen and Audi motor vehicles do not fully comply with the requirements of paragraph S6(f)(3) of FMVSS No. 138, Tire Pressure Monitoring Systems (49 CFR 571.138). Volkswagen filed a E:\FR\FM\10JYN1.SGM 10JYN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Notices noncompliance report dated May 6, 2020, and later amended it on May 15, 2020, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. Volkswagen subsequently petitioned NHTSA on May 20, 2020, but amended it on June 8, 2020, 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. II. Vehicles Involved: Approximately 299,043 of the following MY 2019–2020 Volkswagen and Audi motor vehicles manufactured between November 26, 2018, and February 19, 2020, are potentially involved: • 2019–2020 Volkswagen Atlas • 2020 Volkswagen Atlas Cross Sport • 2019 Volkswagen Golf R • 2019 Volkswagen Tiguan LWB • 2019–2020 Volkswagen Jetta NF • 2019–2020 Volkswagen Jetta GLI • 2019 Volkswagen Golf Sportwagen A7 • 2019 Audi Q3 • 2019–2020 Volkswagen Golf GTI • 2019 Volkswagen Golf Alltrack • 2019–2020 Volkswagen Golf A7 • 2019–2020 Audi A3 Sedan • 2019 Audi A3 Cabriolet III. Noncompliance: Volkswagen explains that the noncompliance is that the subject vehicles are equipped with tire pressure monitoring systems (TPMS) that do not fully comply with the requirements set forth in paragraph S6(f)(3) of FMVSS No. 138. Specifically, when there is a simultaneous pressure loss on all four tires, in which pressure loss occurs at the same rate and time, the detection may not occur within the 20-minute timeframe specified in test procedure requirements. IV. Rule Requirements: Paragraph S6(f)(3) of FMVSS No. 138 includes requirements relevant to this petition. The sum of the total cumulative drive time under paragraphs S6(f)(1) and (2) shall be the lesser of 20 minutes or the time at which the low tire pressure telltale illuminates. V. Summary of Volkswagen’s Petition: The following views and arguments presented in this section, V. Summary of Volkswagen’s Petition, are the views and arguments provided by Volkswagen. They have not been evaluated by the Agency and do not VerDate Sep<11>2014 18:28 Jul 09, 2020 Jkt 250001 reflect the views of the Agency. Volkswagen described the subject noncompliance and stated their belief that the noncompliance is inconsequential as it relates to motor vehicle safety. In support of its petition, Volkswagen submitted the following reasoning: 1. A rapid tire pressure loss on one or more tires is accurately detected and the low tire pressure warning telltale will illuminate and warn the driver. 2. A pressure loss on fewer than four tires at the same time and rate will be detected, and the low tire pressure warning telltale will illuminate and warn the driver. 3. A simultaneous pressure loss on all four tires at the same rate will be detected and indicated to the driver, but not in the required 20 minutes. Internal tests have shown that in those tests where the pressure loss was not detected in 20 minutes, a warning to the driver was still shown in under 50 minutes. Volkswagen believes this behavior is not relevant for real world driving, as this particular diffusion scenario, involving all four tires at the same time and same rate, is very unlikely to happen in real world driving. 4. As of the production dates listed below, the condition has been corrected: Volkswagen: • 2019–2020 Volkswagen Golf vehicles, as of October 26, 2019; • 2019 Volkswagen Golf Alltrack vehicles, as of October 26, 2019; • 2019–2020 Volkswagen Golf GTI vehicles, as of October 26, 2019; • 2019 Volkswagen Golf Sportwagen vehicles, as of August 28, 2019; • 2019 Volkswagen Golf R vehicles, as of August 20, 2019; • 2019–2020 Volkswagen Jetta vehicles, as of October 24, 2019; • 2019–2020 Volkswagen Jetta GLI vehicles, as of October 24, 2019; • 2019 Volkswagen Tiguan vehicles, as of August 18, 2019; • 2019–2020 Volkswagen Atlas vehicles, as of February 20, 2020; and • 2020 Volkswagen Atlas Cross Sport vehicles, as of July 25, 2019. Audi: • 2019–2020 Audi A3 vehicles, as of January 25, 2020; • 2019 Audi A3 Cabriolet vehicles, as of July 13, 2019; and • 2019 Audi Q3 vehicles, as of July 31, 2019. 5. The affected vehicles held at the factory have been corrected, and unsold units in dealer inventory will be corrected prior to sale. 6. Additionally, Volkswagen is not aware of any field or customer complaints related to this condition, nor PO 00000 Frm 00157 Fmt 4703 Sfmt 4703 41671 has it been made aware of any accidents or injuries that have occurred as a result of this issue. Volkswagen concluded by expressing its 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. 2020–14847 Filed 7–9–20; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF THE TREASURY Bureau of Fiscal Service Prompt Payment Interest Rate; Contract Disputes Act Bureau of the Fiscal Service, Treasury. ACTION: Notice of prompt payment interest rate; Contract Disputes Act. AGENCY: For the period beginning July 1, 2020, and ending on December 31, 2020, the prompt payment interest rate is 11⁄8 per centum per annum. DATES: The the prompt payment interest rate is applicable July 1, 2020, to December 31, 2020. ADDRESSES: Comments or inquiries may be mailed to: E-Commerce Division, Bureau of the Fiscal Service, 401 14th Street SW, Room 306F, Washington, DC SUMMARY: E:\FR\FM\10JYN1.SGM 10JYN1

Agencies

[Federal Register Volume 85, Number 133 (Friday, July 10, 2020)]
[Notices]
[Pages 41670-41671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14847]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2020-0066; 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) 2019 2020 Volkswagen and Audi motor 
vehicles do not fully comply with Federal Motor Vehicle Safety Standard 
(FMVSS) No. 138, Tire Pressure Monitoring Systems. Volkswagen filed a 
noncompliance report dated May 6, 2020, and later amended it on May 15, 
2020. Volkswagen subsequently petitioned NHTSA on May 20, 2020, and 
later amended it on June 8, 2020, 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 August 10, 2020.

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 docket. 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 2020 
Volkswagen and Audi motor vehicles do not fully comply with the 
requirements of paragraph S6(f)(3) of FMVSS No. 138, Tire Pressure 
Monitoring Systems (49 CFR 571.138). Volkswagen filed a

[[Page 41671]]

noncompliance report dated May 6, 2020, and later amended it on May 15, 
2020, pursuant to 49 CFR part 573, Defect and Noncompliance 
Responsibility and Reports. Volkswagen subsequently petitioned NHTSA on 
May 20, 2020, but amended it on June 8, 2020, 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.
    II. Vehicles Involved: Approximately 299,043 of the following MY 
2019-2020 Volkswagen and Audi motor vehicles manufactured between 
November 26, 2018, and February 19, 2020, are potentially involved:
 2019-2020 Volkswagen Atlas
 2020 Volkswagen Atlas Cross Sport
 2019 Volkswagen Golf R
 2019 Volkswagen Tiguan LWB
 2019-2020 Volkswagen Jetta NF
 2019-2020 Volkswagen Jetta GLI
 2019 Volkswagen Golf Sportwagen A7
 2019 Audi Q3
 2019-2020 Volkswagen Golf GTI
 2019 Volkswagen Golf Alltrack
 2019-2020 Volkswagen Golf A7
 2019-2020 Audi A3 Sedan
 2019 Audi A3 Cabriolet
    III. Noncompliance: Volkswagen explains that the noncompliance is 
that the subject vehicles are equipped with tire pressure monitoring 
systems (TPMS) that do not fully comply with the requirements set forth 
in paragraph S6(f)(3) of FMVSS No. 138. Specifically, when there is a 
simultaneous pressure loss on all four tires, in which pressure loss 
occurs at the same rate and time, the detection may not occur within 
the 20-minute timeframe specified in test procedure requirements.
    IV. Rule Requirements: Paragraph S6(f)(3) of FMVSS No. 138 includes 
requirements relevant to this petition. The sum of the total cumulative 
drive time under paragraphs S6(f)(1) and (2) shall be the lesser of 20 
minutes or the time at which the low tire pressure telltale 
illuminates.
    V. Summary of Volkswagen's Petition: The following views and 
arguments presented in this section, V. Summary of Volkswagen's 
Petition, are the views and arguments provided by Volkswagen. They have 
not been evaluated by the Agency and do not reflect the views of the 
Agency. Volkswagen described the subject noncompliance and stated their 
belief that the noncompliance is inconsequential as it relates to motor 
vehicle safety.
    In support of its petition, Volkswagen submitted the following 
reasoning:
    1. A rapid tire pressure loss on one or more tires is accurately 
detected and the low tire pressure warning telltale will illuminate and 
warn the driver.
    2. A pressure loss on fewer than four tires at the same time and 
rate will be detected, and the low tire pressure warning telltale will 
illuminate and warn the driver.
    3. A simultaneous pressure loss on all four tires at the same rate 
will be detected and indicated to the driver, but not in the required 
20 minutes. Internal tests have shown that in those tests where the 
pressure loss was not detected in 20 minutes, a warning to the driver 
was still shown in under 50 minutes. Volkswagen believes this behavior 
is not relevant for real world driving, as this particular diffusion 
scenario, involving all four tires at the same time and same rate, is 
very unlikely to happen in real world driving.
    4. As of the production dates listed below, the condition has been 
corrected:
    Volkswagen:
     2019-2020 Volkswagen Golf vehicles, as of October 26, 
2019;
     2019 Volkswagen Golf Alltrack vehicles, as of October 26, 
2019;
     2019-2020 Volkswagen Golf GTI vehicles, as of October 26, 
2019;
     2019 Volkswagen Golf Sportwagen vehicles, as of August 28, 
2019;
     2019 Volkswagen Golf R vehicles, as of August 20, 2019;
     2019-2020 Volkswagen Jetta vehicles, as of October 24, 
2019;
     2019-2020 Volkswagen Jetta GLI vehicles, as of October 24, 
2019;
     2019 Volkswagen Tiguan vehicles, as of August 18, 2019;
     2019-2020 Volkswagen Atlas vehicles, as of February 20, 
2020; and
     2020 Volkswagen Atlas Cross Sport vehicles, as of July 25, 
2019.
    Audi:
     2019-2020 Audi A3 vehicles, as of January 25, 2020;
     2019 Audi A3 Cabriolet vehicles, as of July 13, 2019; and
     2019 Audi Q3 vehicles, as of July 31, 2019.
    5. The affected vehicles held at the factory have been corrected, 
and unsold units in dealer inventory will be corrected prior to sale.
    6. Additionally, Volkswagen is not aware of any field or customer 
complaints related to this condition, nor has it been made aware of any 
accidents or injuries that have occurred as a result of this issue.
    Volkswagen concluded by expressing its 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. 2020-14847 Filed 7-9-20; 8:45 am]
BILLING CODE 4910-59-P