Notice2022-13079
Volkswagen Group of America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 17, 2022
Issuing agencies
Transportation DepartmentNational Highway Traffic Safety Administration
Abstract
Volkswagen Group of America, Inc., (Volkswagen), has determined that certain model year (MY) 2021 Audi 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 July 26, 2021. Volkswagen subsequently petitioned NHTSA on August 25, 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.
Full Text
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<title>Federal Register, Volume 87 Issue 117 (Friday, June 17, 2022)</title>
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[Federal Register Volume 87, Number 117 (Friday, June 17, 2022)]
[Notices]
[Pages 36574-36576]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13079]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2021-0066; 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.
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SUMMARY: Volkswagen Group of America, Inc., (Volkswagen), has
determined that certain model year (MY) 2021 Audi 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 July 26, 2021. Volkswagen subsequently petitioned NHTSA on
August 25, 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 July 18, 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:
<bullet> 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.
<bullet> 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.
<bullet> Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>. Follow the online instructions for submitting
comments.
<bullet> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information
provided.
All comments and supporting materials received before the close of
[[Page 36575]]
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
<a href="https://www.regulations.gov">https://www.regulations.gov</a> 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: Vince Williams, General Engineer,
NHTSA, Office of Vehicle Safety Compliance, (202) 366-2319,
<a href="/cdn-cgi/l/email-protection#83d5eaede0e6add4eaefefeae2eef0c3e7ecf7ade4ecf5"><span class="__cf_email__" data-cfemail="0c5a65626f69225b656060656d617f4c686378226b637a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Overview
Volkswagen determined that certain MY 2021 Audi A6 Sedan, A6
Allroad, A7, RS6 Avant, RS7, S6 sedan, and S7 motor vehicles do not
fully comply with paragraph S5.4.3 of FMVSS No. 135, Light Vehicle
Brake Systems (49 CFR 571.135).
Volkswagen filed an original noncompliance report dated July 26,
2021, pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports. Volkswagen petitioned NHTSA on August 25,
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 4,267 MY 2021 Audi A6 Sedan, A6 Allroad, A7, RS6
Avant, RS7, S6 sedan, and S7, manufactured between January 11, 2021,
and April 14, 2021, are potentially involved:
III. Noncompliance
Volkswagen explains that a small number of the subject 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 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 explains that it believes the subject noncompliance to
be inconsequential to motor vehicle safety because ``the brake fluid
cap shows clearly the specification of the brake fluid required'' and
``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.'' Volkswagen also
states that the ``brake fluid cap conforms to the requirements of
ISO9128''2006 which is a requirement of UN-ECE Regulations 13 and
13h.''
Volkswagen contends that the following previous grants of
inconsequentiality petitions support NHTSA's granting of its petition
for the subject noncompliance:
<bullet> Jaguar Land Rover North America, LLC, Grant of Petition
for Decision of Inconsequential Noncompliance, 84 FR 13095 (April 3,
2019).
<bullet> Ford Motor Company, Grant of Petition for Decision of
Inconsequential Noncompliance, 78 FR 69931 (November 21, 2013).
<bullet> Hyundai Motor Company, Grant of Petition for Decision of
Inconsequential Noncompliance, 73 FR 38290 (July 3, 2008).
According to Volkswagen, ``service to the brake system involving an
exchange of the brake fluid is not a standard maintenance activity''
and repairs to the brake system ``requires basic technical knowledge
regarding the brake system and should be performed by a trained
technician.''
Volkswagen states that it has not received any field or customer
complaints or notification of any accident or injuries related to the
subject noncompliance. Further, Volkswagen states that as of April 14,
2021, production of the subject vehicles has been corrected and the
vehicles ``at the factory have been corrected and unsold units will be
correct prior to sale.''
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.
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(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. 2022-13079 Filed 6-16-22; 8:45 am]
BILLING CODE 4910-59-P
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