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Federal Register / Vol. 86, No. 130 / Monday, July 12, 2021 / Notices
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life, and may affect the vehicles handling and stopping ability.
Please note that the TPMS is not a substitute for proper tire maintenance, and it is the drivers responsibility to maintain correct tire pressure, even if under-inflation has not reached the level to trigger illumination of the TPMS
low tire pressure telltale.
The following paragraph is required for all vehicles certified to the standard starting on September 1, 2007, and for vehicles voluntarily equipped with a compliant TPMS MIL before that time.
Your vehicle has also been equipped with a TPMS malfunction indicator to indicate when the system is not operating properly. For vehicles with a dedicated MIL telltale, add the following statement: The TPMS
malfunction indicator is provided by a separate telltale, which displays the symbol TPMS when illuminated.
For vehicles with a combined low tire pressure/MIL telltale, add the following statement: The TPMS malfunction indicator is combined with the low tire pressure telltale. When the system detects a malfunction, the telltale will flash for approximately one minute and then remain continuously illuminated.
This sequence will continue upon subsequent vehicle start-ups as long as the malfunction exists. When the malfunction indicator is illuminated, the system may not be able to detect or signal low tire pressure as intended.
TPMS malfunctions may occur for a variety of reasons, including the installation of replacement or alternate tires or wheels on the vehicle that prevent the TPMS from functioning properly. Always check the TPMS
malfunction telltale after replacing one or more tires or wheels on your vehicle to ensure that the replacement or alternate tires and wheels allow the TPMS to continue to function properly.

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V. Summary of Volkswagens Petition:
The following views and arguments presented in this section, V. Summary of Volkswagens 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.
In support of its petition, Volkswagen submitted the following reasoning:
1. Volkswagen states that the affected manuals all have sections devoted to describing appropriate tire pressures and the functionality of the tire pressure monitoring system and that the affected manuals contain equivalent instructions to those set forth in S4.5a, just in different words. Volkswagen compared the required language and the actual language and believes that the comparable text present in the owners manuals is consistent with the rationale and intent of the FMVSS No. 138
requirements, even though the exact words required by the standard are not used.
2. Volkswagen asserts that NHTSA
has granted similar petitions in the past in which required owners manual text was not present in verbatim form, but an equivalent version of the text was present. See 65 FR 14009 label and owners manual missing FMVSS No.
303 required text but include substantive equivalent and 80 FR 68602
owners manual missing description required by FMVSS No. 226.
3. Volkswagen states that as of the last dates of production for the subject vehicles, the condition has been corrected and that any affected vehicles held at the factory have been corrected, and unsold units in dealer inventory will be corrected prior to sale.

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4. Additionally, Volkswagen says it is not aware of any field or customer complaints related to this condition, nor has it been made aware of any accidents or injuries that have occurred as a result of this issue.
Volkswagen concludes 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.
NHTSA notes that the statutory provisions 49 U.S.C. 30118d and 30120h 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 motor 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. 202114743 Filed 7921; 8:45 am BILLING CODE 491059P

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