Federal Register - July 12, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 130 / Monday, July 12, 2021 / Notices
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Docket No. NHTSA20200114; Notice 1
Volkswagen Group of America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration NHTSA, Department of Transportation DOT.
ACTION: Receipt of petition.
AGENCY:
Volkswagen Group of America, Inc. Volkswagen, has determined that certain model year MY 20202021 Volkswagen motor vehicles do not fully comply with Federal Motor Vehicle Safety Standard FMVSS No. 138, Tire Pressure Monitoring Systems. Volkswagen filed a noncompliance report dated October 23, 2020, and later amended it on November 11, 2020. Volkswagen also petitioned NHTSA on November 16, 2020, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This notice announces receipt of Volkswagens petition.
DATES: Send comments on or before August 11, 2021.
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 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 W12140, 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 W12140, 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 4932251.
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
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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 docket. The docket ID number for this petition is shown in the heading of this notice.
DOTs complete Privacy Act Statement is available for review in a Federal Register notice published on April 11, 2000 65 FR 1947778.
FOR FURTHER INFORMATION CONTACT:
Kerrin Bressant, Compliance Engineer, NHTSA, Office of Vehicle Safety Compliance, 202 3661110.
SUPPLEMENTARY INFORMATION:
I. Overview: Volkswagen has determined that certain MY 20202021
Volkswagen motor vehicles do not fully comply with the requirements of Paragraph S4.5a of FMVSS No. 138, Tire Pressure Monitoring Systems 49
CFR 571.138. Volkswagen filed a noncompliance report dated October 23, 2020, and later amended it on November 11, 2020, pursuant to 49 CFR
part 573, Defect and Noncompliance Responsibility and Reports. Volkswagen subsequently petitioned NHTSA on November 16, 2020, 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.
30118d and 30120h and 49 CFR part 556, Exemption for Inconsequential Defect or Noncompliance.
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This notice of receipt of Volkswagens 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 115,855 of the following MY 20202021
motor vehicles, manufactured between December 16, 2019, and August 28, 2020, are potentially involved:
MY 2020 Volkswagen Arteon;
MY 2020 Volkswagen Passat;
MY 2021 Volkswagen Atlas;
MY 2020 Volkswagen Atlas Cross Sport;
MY 2020 Volkswagen Tiguan;
MY 2020 Volkswagen Jetta; and MY 2020 Volkswagen Jetta GLI.
III. Noncompliance: Volkswagen explains that the noncompliance is due to an error in the owners manual editing process and that the subject motor vehicles may have received an owners manual that did not have the exact statement in English as required by paragraph S4.5a of FMVSS No. 138.
Specifically, the written instructions to vehicle operators about the functionality of the tire pressure monitoring system was not included in the exact wording per paragraph S4.5a.
IV. Rule Requirements: Paragraph S4.5a of FMVSS No. 138 includes the requirements relevant to this petition.
Beginning on September 1, 2006, the owners manual in each vehicle certified as complying with paragraph S4 of FMVSS No. 138 must provide an image of the Low Tire Pressure Telltale symbol and an image of the TPMS Malfunction Telltale warning TPMS, if a dedicated telltale is utilized for this function with the following statement in English:
Each tire, including the spare if provided, should be checked monthly when cold and inflated to the inflation pressure recommended by the vehicle manufacturer on the vehicle placard or tire inflation pressure label. If your vehicle has tires of a different size than the size indicated on the vehicle placard or tire inflation pressure label, you should determine the proper tire inflation pressure for those tires.
As an added safety feature, your vehicle has been equipped with a tire pressure monitoring system TPMS that illuminates a low tire pressure telltale when one or more of your tires is significantly under-inflated.
Accordingly, when the low tire pressure telltale illuminates, you should stop and check your tires as soon as possible, and inflate them to the proper pressure.
Driving on a significantly under-inflated tire causes the tire to overheat and can lead to tire failure. Under-inflation also reduces fuel efficiency and tire tread
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