[Federal Register Volume 84, Number 131 (Tuesday, July 9, 2019)]
[Notices]
[Pages 32830-32831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14484]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2019-0006; 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) 2015-2016 Audi A3 and Audi S3 motor 
vehicles do not comply with Federal Motor Vehicle Safety Standard 
(FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equipment. 
Volkswagen filed a noncompliance report dated January 28, 2019, and 
also petitioned NHTSA on January 28, 2019, 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 August 8, 2019.

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 W12-140, 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 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.
     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.

[[Page 32831]]

     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 has determined that certain MY 2015-2016 
Audi A3, S3 Sedan, and A3 Cabriolet motor vehicles do not comply with 
paragraph S9.3.6. of FMVSS No. 108, Lamps, Reflective Devices, and 
Associated Equipment (49 CFR 571.108). Volkswagen filed a noncompliance 
report dated January 28, 2019, pursuant to 49 CFR 573, Defect and 
Noncompliance Responsibility and Reports, and subsequently petitioned 
NHTSA on January 28, 2019, 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 40 U.S.C. 30118 and 49 U.S.C. 30120, 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 
other exercise of judgment concerning the merits of the petition.
    II. Vehicles Involved: Approximately 81,831 MY 2015-2016 Audi A3, 
S3 Sedan and A3 Cabriolet motor vehicles, manufactured between November 
28, 2013, and July 28, 2016, are potentially involved.
    III. Noncompliance: Volkswagen explains that the noncompliance is 
that the subject vehicles are equipped with turn signal pilot 
indicators that do not meet the flashing rate as required by paragraph 
S9.3.6 of FMVSS No. 108. Specifically, the left turn signal indicator, 
does not have a significant change in the flashing rate when the left 
rear turn signal LED array becomes inoperative.
    IV. Rule Requirements: Paragraph S9.3.6 of FMVSS No. 108 provides 
the requirements relevant to this petition. Failure of one or more turn 
signal lamps, such that the minimum photometric performance specified 
in Tables VI or VII of FMVSS No. 108 is not being met, must be 
indicated by the turn signal pilot indicator by a ``steady on,'' 
``steady off,'' or by a significant change in the flashing rate.
    V. Summary of Petition: Volkswagen described the subject 
noncompliance and stated its belief that the noncompliance is 
inconsequential as it relates to motor vehicle safety.
    In support of its petition, Volkswagen submitted the following 
reasoning:
    1. The driver receives two different indicator warnings in the 
instrument cluster immediately upon error. The brake light and 
indicator light/turn signal are combined and the referenced tail lamp 
assembly subject to FMVSS No. 108 is the outboard lighting assembly. 
The subject condition is limited to the outermost left rear lamp 
assembly only.
    2. In the case of bulb failure, both lights (brake light and 
indicator light/turn signal are combined) become inoperative, including 
the turn signal. Should the LED left turn signal become inoperative, 
the external indicator lights that signal left turns, which are located 
on the trunk and on the left side view mirror of the vehicle, are still 
operational.
    3. Additionally, the reverse lamp in the left rear tail lamp 
assembly, the left brake light in the trunk lid assembly, and the 
center high mount stop lamp, will remain operational.
    Volkswagen concluded 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. 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 
equipment 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. 2019-14484 Filed 7-8-19; 8:45 am]
 BILLING CODE 4910-59-P


