[Federal Register Volume 87, Number 117 (Friday, June 17, 2022)]
[Notices]
[Pages 36574-36576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13079]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2021-0066; 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) 2021 Audi motor vehicles do not 
fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 
135, Light Vehicle Brake Systems. Volkswagen filed a noncompliance 
report dated July 26, 2021. Volkswagen subsequently petitioned NHTSA on 
August 25, 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 July 18, 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:
    <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

[[Page 36575]]

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: Vince Williams, General Engineer, 
NHTSA, Office of Vehicle Safety Compliance, (202) 366-2319, 
<a href="/cdn-cgi/l/email-protection#83d5eaede0e6add4eaefefeae2eef0c3e7ecf7ade4ecf5"><span class="__cf_email__" data-cfemail="0c5a65626f69225b656060656d617f4c686378226b637a">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Overview

    Volkswagen determined that certain MY 2021 Audi A6 Sedan, A6 
Allroad, A7, RS6 Avant, RS7, S6 sedan, and S7 motor vehicles do not 
fully comply with paragraph S5.4.3 of FMVSS No. 135, Light Vehicle 
Brake Systems (49 CFR 571.135).
    Volkswagen filed an original noncompliance report dated July 26, 
2021, pursuant to 49 CFR part 573, Defect and Noncompliance 
Responsibility and Reports. Volkswagen petitioned NHTSA on August 25, 
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 4,267 MY 2021 Audi A6 Sedan, A6 Allroad, A7, RS6 
Avant, RS7, S6 sedan, and S7, manufactured between January 11, 2021, 
and April 14, 2021, are potentially involved:

III. Noncompliance

    Volkswagen explains that a small number of the subject vehicles may 
have a European-specification brake fluid reservoir cap instead of the 
one required for the North American/United States market as required by 
paragraph S5.4.3 of FMVSS No. 135. Specifically, the subject brake 
fluid reservoir caps may not include the required warning label.

IV. Rule Requirements

    Paragraph S5.4.3 of FMVSS 135, includes the requirements relevant 
to this petition. Each vehicle equipped with hydraulic brakes shall 
have a brake fluid warning statement that reads as follows, in letters 
at least 3.2 mm (\1/8\ inch) high: ``WARNING: Clean filler cap before 
removing. Use only __ fluid from a sealed container.'' (Inserting the 
recommended type of brake fluid as specified in 49 CFR 571.116, e.g., 
``DOT 3.'' The lettering shall be permanently affixed, engraved, or 
embossed, located so as to be visible by direct view, either on or 
within 100 mm (3.94 inches) of the brake fluid reservoir filler plug or 
cap, and of a color that contrasts with its background, if it is not 
engraved or embossed.

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 it believes the subject noncompliance to 
be inconsequential to motor vehicle safety because ``the brake fluid 
cap shows clearly the specification of the brake fluid required'' and 
``provides clear symbols including one for caution and one for 
referring to owner manual instructions. The manual indicates the proper 
brake fluid specification for use in the vehicle.'' Volkswagen also 
states that the ``brake fluid cap conforms to the requirements of 
ISO9128''2006 which is a requirement of UN-ECE Regulations 13 and 
13h.''
    Volkswagen contends that the following previous grants of 
inconsequentiality petitions support NHTSA's granting of its petition 
for the subject noncompliance:
    <bullet> Jaguar Land Rover North America, LLC, Grant of Petition 
for Decision of Inconsequential Noncompliance, 84 FR 13095 (April 3, 
2019).
    <bullet> Ford Motor Company, Grant of Petition for Decision of 
Inconsequential Noncompliance, 78 FR 69931 (November 21, 2013).
    <bullet> Hyundai Motor Company, Grant of Petition for Decision of 
Inconsequential Noncompliance, 73 FR 38290 (July 3, 2008).
    According to Volkswagen, ``service to the brake system involving an 
exchange of the brake fluid is not a standard maintenance activity'' 
and repairs to the brake system ``requires basic technical knowledge 
regarding the brake system and should be performed by a trained 
technician.''
    Volkswagen states that it has not received any field or customer 
complaints or notification of any accident or injuries related to the 
subject noncompliance. Further, Volkswagen states that as of April 14, 
2021, production of the subject vehicles has been corrected and the 
vehicles ``at the factory have been corrected and unsold units will be 
correct prior to sale.''
    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.


[[Page 36576]]


(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. 2022-13079 Filed 6-16-22; 8:45 am]
BILLING CODE 4910-59-P


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