Volkswagen Group of America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 14322-14323 [2022-05306]

Agencies

• National Highway Traffic Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 87, Number 49 (Monday, March 14, 2022)]
[Notices]
[Pages 14322-14323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05306]



[[Page 14322]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2021-0092; 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) 2021-2022 Volkswagen and Audi 
motor vehicles do not fully comply with Federal Motor Vehicle Safety 
Standard (FMVSS) No. 208, Occupant Crash Protection. Volkswagen filed 
an original noncompliance report dated November 19, 2021, and later 
amended the report on November 22, 2021, and December 1, 2021. 
Volkswagen petitioned NHTSA on December 13, 2021, 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 April 13, 2022.

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 may be 
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).

FOR FURTHER INFORMATION CONTACT: Syed Rahaman, General Engineer, NHTSA, 
Office of Vehicle Safety Compliance, (202) 366-1704.

SUPPLEMENTARY INFORMATION:

I. Overview

    Volkswagen has determined that certain MY 2021-2022 Volkswagen and 
Audi motor vehicles do not fully comply with paragraphs S4.5.1(f)(1), 
S4.5.1(f)(2)(ii), and S4.5.1(f)(2)(vii) of FMVSS No. 208, Occupant 
Crash Protection (49 CFR 571.208).
    Volkswagen filed an original noncompliance report dated November 
19, 2021, and later amended the report on November 22, 2021, and 
December 1, 2021, pursuant to 49 CFR part 573, Defect and Noncompliance 
Responsibility and Reports. Volkswagen petitioned NHTSA on December 13, 
2021, 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 
another exercise of judgment concerning the merits of the petition.

II. Vehicles Involved

    Approximately 48,948 of the following vehicles, manufactured 
between July 30, 2020, and November 18, 2021, are potentially involved:

 MY 2022 Volkswagen Taos
 MY 2021 Volkswagen ID.4
 MY 2022 Volkswagen Golf R A8
 MY 2022 Volkswagen Golf GTI
 MY 2022 Audi S3 Sedan
 MY 2022 Audi A3 Sedan

III. Noncompliance

    Volkswagen explains that the owner's manual for the subject 
vehicles incorrectly states the length of time the ``Passenger Airbag 
On'' light is illuminated while the airbag is active and therefore, 
does not meet the requirements of paragraphs S4.5.1(f)(1), 
S4.5.1(f)(2)(ii), and S4.5.1(f)(2)(vii) of FMVSS No. 208. Specifically, 
when the airbag is activated, the ``Passenger Airbag On'' light will 
blink for 5 seconds, remain illuminated for 60 seconds, and then go 
out. The owner's manual incorrectly states that the light will remain 
illuminated permanently when the airbag is on.

IV. Rule Requirements

    Paragraphs S4.5.1(f)(1), S4.5.1(f)(2)(ii), and S4.5.1(f)(2)(vii) of 
FMVSS No. 208 include the requirements relevant to this petition. The 
owner's manual for any vehicle equipped with an inflatable restraint 
system shall include an accurate description of the vehicle's air bag 
system in an easily understandable format. The manufacturer is required 
to include in the vehicle owner's manual a discussion of the advanced 
passenger air bag system installed in the vehicle. The discussion must 
explain the proper functioning of the advanced air bag system and 
provide a summary of the actions that may affect the proper functioning 
of the system. The discussion shall include accurate information on (1) 
an explanation of how the components function together as part of the 
advanced passenger air bag system and (2) a discussion of the telltale 
light, specifying its location in the vehicle and explaining when the 
light is illuminated.

[[Page 14323]]

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 describes the 
subject noncompliance and contends that the noncompliance is 
inconsequential as it relates to motor vehicle safety.
    Volkswagen says that although the owner's manual does not 
accurately state the duration of time that the ``Passenger Airbag On'' 
light is illuminated, Volkswagen claims that the light ``is neither 
required nor regulated'' by FMVSS No. 208. Volkswagen contends that 
although the light does not remain illuminated, the ``system itself is 
switched on, is ready to function, and is otherwise accurately 
described within the owner's manual.''
    Volkswagen explains that the owner's manual for the subject 
vehicles ``provides an explanation of how the system's components 
function together, as well as how the ``Passenger Airbag Off'' light 
functions,'' as required by FMVSS No. 208. Volkswagen further explains 
that the owner's manual also provides ``a presentation and explanation 
of the main components of the advanced passenger air bag system, an 
explanation of how the components function, and the basic requirements 
for proper operations, among other important relevant safety 
information.''
    Volkswagen notes that it has corrected the noncompliance for 
vehicles still in its control by adding a supplemental page with the 
accurate information into the owner's manual.
    Volkswagen states that it is aware of one customer inquiry related 
to the subject noncompliance which has been resolved but is not aware 
of any accidents or injuries that have occurred as a result of the 
subject noncompliance.
    Volkswagen concludes by stating its belief that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety 
and 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. 2022-05306 Filed 3-11-22; 8:45 am]
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