14322 Federal Register / Vol. 87, No. 49 / Monday, March 14, 2022 / Notices 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2021–0092; 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) 2021–2022 Volkswagen and Audi 

motor vehicles do not fully comply with 

Federal Motor Vehicle Safety Standard 

(FMVSS) No. 208, Occupant Crash 

Protection. Volkswagen filed an original 

noncompliance report dated November 

19, 2021, and later amended the report 

on November 22, 2021, and December 1, 

2021. Volkswagen petitioned NHTSA on 

December 13, 2021, 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 

April 13, 2022. 

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). 

FOR FURTHER INFORMATION CONTACT: 

Syed Rahaman, General Engineer, 

NHTSA, Office of Vehicle Safety 

Compliance, (202) 366–1704. 

SUPPLEMENTARY INFORMATION: 

I. Overview 

Volkswagen has determined that 

certain MY 2021–2022 Volkswagen and 

Audi motor vehicles do not fully 

comply with paragraphs S4.5.1(f)(1), 

S4.5.1(f)(2)(ii), and S4.5.1(f)(2)(vii) of 

FMVSS No. 208, Occupant Crash 

Protection (49 CFR 571.208). 

Volkswagen filed an original 

noncompliance report dated November 

19, 2021, and later amended the report 

on November 22, 2021, and December 1, 

2021, pursuant to 49 CFR part 573, 

Defect and Noncompliance 

Responsibility and Reports. Volkswagen 

petitioned NHTSA on December 13, 

2021, 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 48,948 of the 

following vehicles, manufactured 

between July 30, 2020, and November 

18, 2021, are potentially involved: 

• MY 2022 Volkswagen Taos 

• MY 2021 Volkswagen ID.4 

• MY 2022 Volkswagen Golf R A8 

• MY 2022 Volkswagen Golf GTI 

• MY 2022 Audi S3 Sedan 

• MY 2022 Audi A3 Sedan 

III. Noncompliance 

Volkswagen explains that the owner’s 

manual for the subject vehicles 

incorrectly states the length of time the 

‘‘Passenger Airbag On’’ light is 

illuminated while the airbag is active 

and therefore, does not meet the 

requirements of paragraphs S4.5.1(f)(1), 

S4.5.1(f)(2)(ii), and S4.5.1(f)(2)(vii) of 

FMVSS No. 208. Specifically, when the 

airbag is activated, the ‘‘Passenger 

Airbag On’’ light will blink for 5 

seconds, remain illuminated for 60 

seconds, and then go out. The owner’s 

manual incorrectly states that the light 

will remain illuminated permanently 

when the airbag is on. 

IV. Rule Requirements 

Paragraphs S4.5.1(f)(1), S4.5.1(f)(2)(ii), 

and S4.5.1(f)(2)(vii) of FMVSS No. 208 

include the requirements relevant to 

this petition. The owner’s manual for 

any vehicle equipped with an inflatable 

restraint system shall include an 

accurate description of the vehicle’s air 

bag system in an easily understandable 

format. The manufacturer is required to 

include in the vehicle owner’s manual 

a discussion of the advanced passenger 

air bag system installed in the vehicle. 

The discussion must explain the proper 

functioning of the advanced air bag 

system and provide a summary of the 

actions that may affect the proper 

functioning of the system. The 

discussion shall include accurate 

information on (1) an explanation of 

how the components function together 

as part of the advanced passenger air 

bag system and (2) a discussion of the 

telltale light, specifying its location in 

the vehicle and explaining when the 

light is illuminated. 


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Federal Register / Vol. 87, No. 49 / Monday, March 14, 2022 / Notices 14323 

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 says that although the 

owner’s manual does not accurately 

state the duration of time that the 

‘‘Passenger Airbag On’’ light is 

illuminated, Volkswagen claims that the 

light ‘‘is neither required nor regulated’’ 

by FMVSS No. 208. Volkswagen 

contends that although the light does 

not remain illuminated, the ‘‘system 

itself is switched on, is ready to 

function, and is otherwise accurately 

described within the owner’s manual.’’ 

Volkswagen explains that the owner’s 

manual for the subject vehicles 

‘‘provides an explanation of how the 

system’s components function together, 

as well as how the ‘‘Passenger Airbag 

Off’’ light functions,’’ as required by 

FMVSS No. 208. Volkswagen further 

explains that the owner’s manual also 

provides ‘‘a presentation and 

explanation of the main components of 

the advanced passenger air bag system, 

an explanation of how the components 

function, and the basic requirements for 

proper operations, among other 

important relevant safety information.’’ 

Volkswagen notes that it has corrected 

the noncompliance for vehicles still in 

its control by adding a supplemental 

page with the accurate information into 

the owner’s manual. 

Volkswagen states that it is aware of 

one customer inquiry related to the 

subject noncompliance which has been 

resolved but is not aware of any 

accidents or injuries that have occurred 

as a result of the subject noncompliance. 

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. 2022–05306 Filed 3–11–22; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2020–0083; Notice 1] 

Cooper Tire & Rubber Company, 

Receipt of Petition for Decision of 

Inconsequential Noncompliance 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Receipt of petition. 

SUMMARY: Cooper Tire & Rubber 

Company (Cooper Tire) has determined 

that certain Cooper Discoverer AT3 

tubeless radial light truck tires do not 

fully comply with Federal Motor 

Vehicle Safety Standard (FMVSS) No. 

139, New Pneumatic Radial Tires for 

Light Vehicles. Cooper Tire filed a 

noncompliance report dated July 6, 

2020. Cooper subsequently petitioned 

NHTSA on July 31, 2020, and 

supplemented its petition on May 28, 

2021, for a decision that the subject 

noncompliance is inconsequential as it 

relates to motor vehicle safety. This 

notice announces receipt of Cooper 

Tire’s petition. 

DATES: Send comments on or before 

April 13, 2022. 

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. 

• 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 

docket. 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: 


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