[Federal Register Volume 89, Number 180 (Tuesday, September 17, 2024)]
[Notices]
[Pages 76185-76186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 https://www.regulations.gov/. 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 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).

[[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]
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