Volkswagen Group of America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance |
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Topics: Volkswagen CC, Volkswagen Tiguan
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Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
18 May 2017
[Federal Register Volume 82, Number 95 (Thursday, May 18, 2017)]
[Notices]
[Pages 22869-22870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10091]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2017-0020; 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) 2013-2017 Volkswagen CC and MY 2012-2017
Volkswagen Tiguan motor vehicles do not fully comply with Federal Motor
Vehicle Safety Standard (FMVSS) No. 126, Electronic Stability Control
Systems for Light Vehicles. Volkswagen filed a noncompliance report
dated March 1, 2017. Volkswagen also petitioned NHTSA on March 2, 2017,
for a decision that the subject noncompliance is inconsequential as it
relates to motor vehicle safety.
DATES: The closing date for comments on the petition is June 19, 2017.
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 be
submitted by any of the following methods:
Mail: Send comments by mail addressed to 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 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
Federal Holidays.
Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) Web site 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 Group of America, Inc. (Volkswagen), has determined that
certain model year (MY) 2013-2017 Volkswagen CC and MY 2012-2017
Volkswagen Tiguan motor vehicles do not fully comply with paragraph
S5.3.3 of FMVSS No. 126, Electronic Stability Control Systems for Light
Vehicles. Volkswagen filed a noncompliance report dated March 1, 2017,
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility
and Reports. Volkswagen also petitioned NHTSA on March 2, 2017,
pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, 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.
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 230,458 MY 2013-2017 Volkswagen CC motor vehicles,
manufactured between January 19, 2012, and November 28, 2016, and MY
2012-2017 Volkswagen Tiguan motor vehicles, manufactured between
January 9, 2012 and February 28, 2017, are potentially involved.
III. Noncompliance
Volkswagen explains that during an electronic stability control
(ESC) malfunction in the subject vehicles, the ESC malfunction telltale
illuminates as required by FMVSS No. 126 unless the steering angle
sensor is the source of the malfunction. In the instance of a steering
angle sensor malfunction the indicator telltale does not re-illuminate
immediately after the vehicle ignition is reactivated as required by
paragraph S5.3.3 of FMVSS No. 126. Specifically, the ESC malfunction
telltale will only re-illuminate after the vehicle reaches a speed of
1.2 mph.
IV. Rule Text
Paragraph S5.3.3 of FMVSS No. 26 provides, in pertinent part:
S5.3.3 As of September 1, 2011, except as provided in paragraphs
S5.3.4, S5.3.5, S5.3.8, and S5.3.10, the ESC malfunction telltale
must illuminate only when a malfunction(s) of the ESC system exists
and must remain continuously illuminated under the conditions
specified in S5.3 for as long as the malfunction exists (unless the
``ESC malfunction'' and ``ESC off'' telltales are combined in a two-
part telltale and the ``ESC off'' telltale is illuminated), whenever
the ignition locking system is in the ``On'' (``Run'') position . .
.
V. Summary of Volkswagen's Petition
Volkswagen submits that the condition described above is
inconsequential as it relates to motor vehicle safety because the
warning (ESC warning lamp) immediately re-illuminates when the vehicle
starts to move and reaches 2 km/h or 1.2 mph.
Further, the particular condition is limited to an ESC system fault
caused by the steering angle sensor. For all other potential ESC system
faults, the warning lamp illuminates as required with the next ignition
key in the ``On'' (``Run'') position.
[[Page 22870]]
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.
In a supplemental email from Volkswagen dated March 29, 2017,
Volkswagen stated that the ESC warning light illuminates and stays on
for the complete ignition cycle and does not turn off when the vehicle
decelerates below 1.2 mph. However, the steering wheel warning light is
constantly illuminated and is not turned off with ignition key cycle,
which represents a substitutional warning. Volkswagen says that the 1.2
mph (2km/h) threshold was used to prevent triggering of warning lamps
when workshops work on steering components and turn the wheels during
repairs with non-attached components/sensors etc. during the repair and
causing erratic signals during such repairs. This ``repair aid
threshold'' is in conflict with the FMVSS. Volkswagen also says, to
clarify, all Tiguan and CC vehicles are affected that were built since
the updated regulation went into effect (regulation refers to the
specific vehicle production date, i.e. 2011-09-01). All CC and Tiguan's
are fitted with the same ABS/ESC system.
To view Volkswagen's petition analyses and any supplemental
information in its entirety you can visit https://www.regulations.gov
by following the online instructions for accessing the dockets and by
using the docket ID number for this petition shown in the heading of
this notice.
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.
Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2017-10091 Filed 5-17-17; 8:45 am]
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