Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Notices 76185 

varying road conditions, weather and 

driver reactions/abilities is not 

representative of the laboratory tests 

commissioned by Harley-Davidson. In 

addition, the reductions in tire pressure 

and load-carrying capacities for the 

given labeling error are significant. At a 

tire pressure of 30 psi for Dunlop 100/ 

90–19 57H tire, there is a 26.8% 

reduction in the required recommended 

tire pressure of 41 psi, and the loadcarrying capacity reductions range up to 

17% compared to the GAWR of the 

vehicle. Also, the 2023 TRA book 

suggests that the load-carrying capacity 

of the Dunlop tire (100/90–19 57H) at 

the recommended tire pressure of 35 psi 

should be able to withstand 450 lb, 

which is a 14.3% difference in the tire 

pressure. That being said, if the Dunlop 

tire can hold up to 450 lb then the 

recommended tire pressure on the 

certification label should be 35 psi 

instead of 30 psi. This 5 psi change is 

significant because it reduces the tire’s 

load carrying capacity by 64 lb which is 

a 17% reduction. In avoiding certain 

crashes, even the slightest change in tire 

pressure effects vehicle safety. If the 

recommended tire pressure on the 

certification label is 30 psi then the 

GAWR should be 386 lb. 

Furthermore, three out of four of the 

laboratory endurance tests performed to 

FMVSS No. 119, S7.2 and Table III 

conducted by Dunlop, were set to a 

recommended tire pressure of 41 psi 

and not 30 psi. Only one endurance test 

performed by Dunlop was conducted at 

30 psi—representing the pressure the 

tires would likely experience on-road. 

However, during this test, despite using 

loading ranging from 11.7% to 28.2% 

greater than the GAWR of the vehicle 

and conducted for 10,000 miles, these 

conditions are well below the expected 

tread life of the tires. This factor is 

heightened given that additional tire 

pressure losses are expected during 

normal use of the vehicle will reduce 

the load carrying capacity of a tires as 

the inflation pressure decreases from 30 

psi. At these pressures, the loading can 

cause premature tire wear and possible 

failures. 

Consequently, NHTSA disagrees with 

Harley-Davidson’s conclusion that the 

subject noncompliant certification label 

is inconsequential to motor vehicle 

safety. Without additional notification 

and/or follow-up, it is reasonable to 

assume motorcycle operators may 

simply observe and fill their tires to the 

significantly less safe cold tire pressure 

displayed on the incorrect motorcycle’s 

certification label. Combined with the 

lack of real world testing, owneroperators of the subject Harley-Davidson 

motorcycles may be considered to be at 

increased risk of increased bodily harm 

than those owner-operators which 

receive a unit with the correct 

compliant certification label. 

VII. NHTSA’s Decision 

In consideration of the foregoing, 

NHTSA has decided that HarleyDavidson has not met its burden of 

persuasion that the subject FMVSS No. 

120 noncompliance is inconsequential 

to motor vehicle safety. Accordingly, 

Harley-Davidson’s petition is hereby 

denied and Harley-Davidson is 

consequently obligated to provide 

notification of and free remedy for that 

noncompliance under 49 U.S.C. 30118 

and 30120. 

(Authority: 49 U.S.C. 30118, 30120: 

delegations of authority at 49 CFR 1.95 and 

501.8) 

Eileen Sullivan, 

Associate Administrator for Enforcement. 

[FR Doc. 2024–21065 Filed 9–16–24; 8:45 am] 

BILLING CODE 4910–59–P 

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. 

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: 

• 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. 

• 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). 


ddrumheller on DSK120RN23PROD with NOTICES1
76186 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Notices 

1See Volkswagen Group of America, Inc., Grant 

of Petition for Decision of Inconsequential 

Noncompliance, 88 FR 32274 (May 19, 2023). 

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: 

• MY 2024 Volkswagen ID4 

• MY 2024 Audi Q4 E–TRON SUV 

• MY 2024 Audi Q4 E–TRON 

SPORTBACK 

• 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. 

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 


ddrumheller on DSK120RN23PROD with NOTICES1