Notice2024-21066
Volkswagen Group of America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance
Primary source
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Published
September 17, 2024
Issuing agencies
Transportation DepartmentNational Highway Traffic Safety Administration
Abstract
Volkswagen Group of America, Inc. (Volkswagen) has determined that certain model year (MY) 2019-2024 Volkswagen and Audi motor vehicles do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 208, Occupant Crash Protection. Volkswagen filed a noncompliance report dated April 10, 2024, and subsequently petitioned NHTSA (the "Agency") on May 3, 2024, 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 89 Issue 180 (Tuesday, September 17, 2024)</title>
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[Federal Register Volume 89, Number 180 (Tuesday, September 17, 2024)]
[Notices]
[Pages 76185-76186]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-21066]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2024-0047; 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) 2019-2024 Volkswagen and Audi motor
vehicles do not fully comply with Federal Motor Vehicle Safety Standard
(FMVSS) No. 208, Occupant Crash Protection. Volkswagen filed a
noncompliance report dated April 10, 2024, and subsequently petitioned
NHTSA (the ``Agency'') on May 3, 2024, 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 October 17, 2024.
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
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).
[[Page 76186]]
FOR FURTHER INFORMATION CONTACT: Syed Rahaman, General Engineer, NHTSA,
Office of Vehicle Safety Compliance, (202) 366-1704.
SUPPLEMENTARY INFORMATION:
I. Overview: Volkswagen determined that certain MY 2019-2024
Volkswagen and Audi motor vehicles do not fully comply with paragraph
S4.5.1(f)(2)(vii) of FMVSS No. 208, Occupant Crash Protection (49 CFR
571.208).
Volkswagen filed a noncompliance report dated April 10, 2024,
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility
and Reports. Volkswagen petitioned NHTSA on May 3, 2024, 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 129,850 of the following
Volkswagen and Audi motor vehicles, manufactured between May 21, 2023,
and March 9, 2024, were reported by the manufacturer:
<bullet> MY 2024 Volkswagen ID4
<bullet> MY 2024 Audi Q4 E-TRON SUV
<bullet> MY 2024 Audi Q4 E-TRON SPORTBACK
<bullet> MY 2019-2024 Audi Q3
III. Rule Requirements: Paragraph S4.5.1(f)(2)(vii) of FMVSS No.
208 includes the requirements relevant to this petition. Paragraph
S4.5.1(f)(2)(vii) requires that the owner's manual provide accurate
information on the telltale light, including when the light is
illuminated.
IV. Noncompliance: Volkswagen explains that the owner's manual
equipped with the subject vehicles does not include an accurate
description of the vehicle's air bag system, therefore, the subject
vehicles do not comply with paragraph S4.5.1(f)(2)(vii) of FMVSS No.
208. Specifically, the description of the ``Passenger Airbag On''
telltale light provides an inaccurate length of time that the
``Passenger Airbag On'' telltale is illuminated while the air bag is
active.
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 the subject noncompliance pertains to the
description of the ``Passenger Airbag On'' light in the owner's manual,
which Volkswagen states is not specifically required by FMVSS No. 208.
Although the owner's manual equipped with the subject vehicles
inaccurately describes the duration that the ``Passenger Airbag On''
light remains illuminated while the air bag is active, the air bag
system itself functions properly and meets all applicable FMVSSs.
For the affected Audi Q3 models, the owner's manual indicates that
the ``Passenger Airbag On'' light will remain illuminated permanently
when the air bag is on, whereas it actually extinguishes after 60
seconds. For the affected Q4 e-tron, Q4 Sportback e-tron, and ID.4
models, the owner's manual indicates that the light extinguishes after
60 seconds, but it actually remains illuminated permanently while the
air bag is on. In both scenarios, Volkswagen says that the air bag
itself remains switched on, ready for operation if needed, and is
otherwise accurately described in the owner's manual.
Volkswagen believes that the subject noncompliance does not impact
motor vehicle safety because the air bag system is operational and
accurately described in other respects. The owner's manual includes an
explanation of how the system's components function together and how
the ``Passenger Airbag Off'' indicator light functions, as required by
FMVSS No. 208. Furthermore, Volkswagen states that the owner's manual
explains the main components of the advanced passenger air bag system,
describing how the components function together and covering the basic
requirements for proper operation, along with other important relevant
safety information.
Volkswagen references a previous petition for a similar issue in
Volkswagen Taos, Golf, ID.4, and Audi A3 motor vehicles that NHTSA
granted, deeming the inaccurate owner's manual description
inconsequential to motor vehicle safety.\1\ Volkswagen says NHTSA
concluded that if the air bag is inactive, the ``Passenger Airbag Off''
indicator would remain illuminated and provide clear communication to
vehicle occupants.
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\1\ See Volkswagen Group of America, Inc., Grant of Petition for
Decision of Inconsequential Noncompliance, 88 FR 32274 (May 19,
2023).
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Volkswagen states that it has corrected the subject noncompliance
in unsold vehicles and updated the owner's manuals via a supplemental
page. Volkswagen believes that the subject noncompliance is
inconsequential to motor vehicle safety because the front passenger air
bag system works as designed, and the only potential noncompliance is
the inaccurate information in the owner's manual about the duration of
the ``Passenger Airbag On'' light, which Volkswagen submits is neither
required nor regulated by FMVSS No. 208. Volkswagen reports no
accidents or injuries related to this issue and one customer inquiry.
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. 2024-21066 Filed 9-16-24; 8:45 am]
BILLING CODE 4910-59-P
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</html>Indexed from Federal Register on September 17, 2024.
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