Volkswagen Group of America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance

Volkswagen Group of America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance
Topics:
Volkswagen Group of America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance
Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
8 December 2016
[Federal Register Volume 81, Number 236 (Thursday, December 8, 2016)]
[Notices]
[Pages 88728-88729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29375]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0028; Notice 2]


Volkswagen Group of America, Inc., Grant of Petition for Decision 
of Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Grant of petition.

-----------------------------------------------------------------------

SUMMARY: Volkswagen Group of America, Inc. (Volkswagen), has determined 
that certain model year (MY) 2016 Volkswagen Beetle Convertible 
passenger cars do not fully comply with Federal Motor Vehicle Safety 
Standard (FMVSS) No. 110, Tire Selection and Rims and Motor Home/

[[Page 88729]]

Recreation Vehicle Trailer Load Carrying Capacity Information for Motor 
Vehicles with a GVWR of 4,536 kilograms (10,000 pounds) or Less. 
Volkswagen filed a defect report dated February 23, 2016. Volkswagen 
then petitioned NHTSA on March 15, 2016, for a decision that the 
subject noncompliance is inconsequential to motor vehicle safety.

ADDRESSES: For further information on this decision please contact 
Kerrin Bressant, Office of Vehicle Safety Compliance, the National 
Highway Traffic Safety Administration (NHTSA), telephone (202) 366-
1110.

SUPPLEMENTARY INFORMATION: 

I. Overview

    Volkswagen Group of America, Inc. (Volkswagen), has determined that 
certain model year (MY) 2016 Volkswagen Beetle Convertible passenger 
cars do not fully comply with paragraph S4.3(d) of Federal Motor 
Vehicle Safety Standard (FMVSS) No. 110, Tire Selection and Rims and 
Motor Home/Recreation Vehicle Trailer Load Carrying Capacity 
Information for Motor Vehicles with a GVWR of 4,536 kilograms (10,000 
pounds) or Less. Volkswagen filed a report dated February 23, 2016, 
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility 
and Reports. Volkswagen also petitioned NHTSA on March 15, 2016, under 
49 CFR part 556 for a decision that the subject noncompliance is 
inconsequential to motor vehicle safety.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule 
implementing those provisions at 49 CFR part 556, Volkswagen has 
petitioned for an exemption from the notification and remedy 
requirements of 49 U.S.C. Chapter 301 on the basis that this 
noncompliance is inconsequential to motor vehicle safety.
    The notice of receipt of Volkswagen's petition was published, with 
a 30-day public comment period, on June 14, 2016 in the Federal 
Register (81 FR 38772). No comments were received. To view the petition 
and all supporting documents log onto the Federal Docket Management 
System (FDMS) Web site at: http://www.regulations.gov/. Then follow the 
online search instructions to locate docket number ``NHTSA-2016-0028.''

II. Vehicles Involved

    Affected are approximately 325 MY 2016 Volkswagen Beetle 
Convertible passenger vehicles that were manufactured between June 18, 
2015, and November 9, 2015.

III. Noncompliance

    Volkswagen stated that the subject vehicles have a Tire Placard 
Label that is misprinted with an incorrect tire size as compared to the 
tires the vehicle was equipped with and therefore does not fully 
conform to paragraph S4.3(d) of FMVSS No. 110.

IV. Rule Text

    Paragraph S4.3(d) of FMVSS No. 110 requires, in pertinent part:

    S4.3 Placard. Each vehicle, except for a trailer or incomplete 
vehicle, shall show the information specified in S4.3 (a) through 
(g), and may show, at the manufacturer's option, the information 
specified in S4.3 (h) through (i), on a placard permanently affixed 
to the driver's side B-pillar . . .
    (d) Tire size designation, indicated by the headings ``size'' or 
``original tire size'' or ``original size,'' and ``spare tire'' or 
``spare,'' for the tires installed at the time of the first purchase 
for purposes other than resale. For full size spare tires, the 
statement ``see above'' may, at the manufacturer's option replace 
the tire size designation. If no spare tire is provided, the word 
``none'' must replace the tire size designation.

V. Summary of Volkswagen's Petition

    Volkswagen described the subject noncompliance and stated its 
belief that the noncompliance is inconsequential to motor vehicle 
safety for the following reasons:
    (1) Volkswagen stated that the condition described (tire placard 
with an incorrect label size on it) would not adversely affect the tire 
and loading capability of the vehicle.
    (2) Volkswagen stated that the loading and combined weight 
information was printed correctly on both versions of the Tire Placard 
Label.

NHTSA's Decision:

    NHTSA's Analysis: The intent of FMVSS No. 110 is to ensure that 
vehicles are equipped with tires appropriate to handle maximum vehicle 
loads and prevent overloading. Utilizing the ETRTO Tire and Rim 
Association Manual of 2016, NHTSA has confirmed that the incorrectly 
listed size tires would still have a load capacity sufficient to 
support the listed weight limitation of occupants and cargo which is 
printed on the Vehicle Placard label. Both the installed original 
equipment manufacturer (OEM) tires on the vehicle and the installation 
of the incorrect sized tires listed on the subject vehicle's vehicle 
placard (tire and loading information label) when inflated to the 
label's recommended cold inflation pressure are appropriate to handle 
the vehicle maximum loads. Consequently, the subject noncompliance 
should not cause any unsafe conditions associated with the incorrect 
tire size listed on the Vehicle Placard label. Therefore, NHTSA agrees 
with Volkswagen that the incorrect tire size listed on the Vehicle 
Placard label does not have any adverse safety implications.
    NHTSA's Decision: In consideration of the foregoing, NHTSA finds 
that Volkswagen has met its burden of persuasion that the subject FMVSS 
No. 110 noncompliance in the affected vehicles is inconsequential to 
motor vehicle safety. Accordingly, Volkswagen's petition is hereby 
granted and Volkswagen is consequently exempted from the obligation of 
providing notification of, and a free remedy for, that noncompliance 
under 49 U.S.C. 30118 and 30120.
    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, this decision 
only applies to the subject vehicles that Volkswagen no longer 
controlled at the time it determined that the noncompliance existed. 
However, the granting of 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. 2016-29375 Filed 12-7-16; 8:45 am]
BILLING CODE 4910-59-P