Mercedes-Benz USA, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance |
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Topics: Mercedes-Benz GLS 580
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Otto G. Matheke III
National Highway Traffic Safety Administration
23 October 2020
[Federal Register Volume 85, Number 206 (Friday, October 23, 2020)]
[Notices]
[Pages 67604-67605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23512]
[[Page 67604]]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2020-0064; Notice 1]
Mercedes-Benz USA, LLC, 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: Mercedes-Benz AG and Mercedes-Benz USA, LLC, (collectively,
``Mercedes-Benz'') have determined that certain model year (MY) 2020
Mercedes-Benz GLS 580 motor vehicles do not fully comply with Federal
Motor Vehicle Safety Standard (FMVSS) No. 118, Power-operated Window,
Partition, and Roof Panel Systems. Mercedes-Benz filed a noncompliance
report dated May 11, 2020, and subsequently petitioned NHTSA on June 3,
2020, for a decision that the subject noncompliance is inconsequential
as it relates to motor vehicle safety. This notice announces receipt of
Mercedes-Benz's petition.
DATES: Send comments on or before November 23, 2020.
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:
I. Overview
Mercedes-Benz has determined that certain MY 2020 Mercedes-Benz GLS
580 motor vehicles do not fully comply with the requirements of
paragraph S6(a)(1) of FMVSS No. 118, Power-operated Window, Partition,
and Roof Panel Systems (49 CFR 571.118). Mercedes-Benz filed a
noncompliance report dated May 11, 2020, pursuant to 49 CFR part 573,
Defect and Noncompliance Responsibility and Reports. Mercedes-Benz
subsequently petitioned NHTSA on June 3, 2020, 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 Mercedes-Benz'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 22 MY 2020 Mercedes-Benz GLS 580 motor vehicles
manufactured between February 8, 2019, and September 20, 2019, are
potentially involved.
III. Noncompliance
Mercedes-Benz explains that the noncompliance is that the automatic
reversal systems and actuation devices for the sunroofs in the subject
vehicles do not fully comply with paragraph S6(a)(1) of FMVSS No. 118.
Specifically, when the vehicle's ``car wash mode'' is activated by
using the central touch display in the center console, the sunroof may
close automatically.
IV. Rule Requirements
Paragraph S6(a)(1) of FMVSS No. 118 includes the requirements
relevant to this petition. An actuation device must not cause a window,
partition, or roof panel to begin to close from any open position when
tested using a stainless steel sphere having a surface finish between 8
and 4 micro inches and a radius of 20 mm 0.2 mm, place the
surface of the sphere against any portion of the actuation device.
V. Summary of Mercedes-Benz's Petition
The following views and arguments presented in this section, ``V.
Summary of Mercedes-Benz's Petition,'' are the views and arguments
provided by Mercedes-Benz. They have not been evaluated by the Agency
and do not reflect the views of the Agency. Mercedes-Benz describes the
subject noncompliance and contends that the noncompliance is
inconsequential as it relates to motor vehicle safety.
In support of its petition, Mercedes-Benz submitted the following
reasoning:
1. FMVSS No. 118 is intended to reduce the likelihood of
injuries that may arise due to the accidental operation of power-
operated windows, sunroofs, and other moveable partitions. The
particular provision at issue here, S6(a), is focused on preventing
the inadvertent movement of powered windows, partitions, and roof
panels if a child inadvertently leans on or against the actuation
device. The provisions were intended to simulate a child's knee
pressing against the actuation device at a particular level of force
to ensure that it does not close. By its terms, the standard applies
to vertically mounted switches, including those located in the
vehicle's console or central touch display as in this case.
2. Due to their specific operating parameters, even though the
buttons used to activate car wash mode do not meet the performance
requirement of paragraph S6(a),
[[Page 67605]]
the condition does not create an increased safety risk. As an
initial matter, the car wash mode feature must first be activated by
the user. Car wash mode is not automatically enabled unless and
until the operator activates the feature by affirmatively accepting
the option and turning the feature on. Thus, unless car wash mode is
already active within the vehicle, the condition described above
cannot occur.
3. Once the vehicle has initialized car wash mode, the feature
can only be activated through a series of steps using either the
vehicle's central touch display or from a touchpad located in the
center console. Activating car wash mode is a multi-step process and
the process varies depending on the current menu contained on the
display screen. For example, if car wash mode has been programmed by
the user inside the ``favorites'' menu, then a series of two touches
is needed to activate car wash mode. In all other cases, the
operator would first need to change the display screen to the
vehicle menu first and from there, navigate to the car wash mode
icon. In either case, car wash mode will not become active unless
each of these steps is executed in the corresponding order. Because
of the complexity involved in navigating through the required
sequence of events there is an extremely low likelihood of the car
wash mode being inadvertently activated in the first place.
4. Further, the sunroofs in the subject vehicles contain an
auto-reverse feature. Upon detecting an object or obstruction inside
the sunroof, it will automatically stop and reverse course and fully
retract. While the sunroofs do not meet the requirements of
paragraph S5, they are certified to the European standard UN-R-21.
The European standard incorporates many of the performance features
included in the automatic reversal function contained in FMVSS No.
118, paragraph S5. The sunroofs in the subject vehicles will
automatically reverse prior to exerting 100 Newtons of pinch force,
and consistent with the options provided at paragraph S5.2, the
sunroof will either retract to a position at least as wide as the
initial position before closing or will allow a 200-mm rod to be
inserted in the gap.
5. The Agency has previously granted petitions for
inconsequential treatment for FMVSS No. 118 involving similar
circumstances and vehicle features. NHTSA granted a petition by
General Motors involving a noncompliance with FMVSS No. 118,
paragraph S4(e), where for 60 seconds after the vehicles are
started, an issue with the sunroof module would allow the sunroof to
close via the control button if the engine is turned off and a front
door is opened. In that instance, in order to activate the sunroof,
a series of specific steps must be taken in order and the steps must
be completed within a 60-second time frame. See Decision Granting
Petition for Inconsequential Noncompliance by General Motors 73 FR
22459 (April 25, 2008). In granting the petition, the Agency found
that the potential for entrapment in a power operated sunroof
presented less of a risk of entrapment than power-operated windows
because, in general, sunroofs are less physically accessible than
power-operated windows. The decision also focused on the presence of
an auto-reverse feature, which would reverse the movement of the
sunroof before it exerted a pressure of 100 Newtons. In granting the
motion, the Agency noted the presence of this auto-reverse feature
as one that would further reduce the risk of entrapment.
6. Much like the conditions present in the General Motors
vehicles, the noncompliance in the car wash mode feature of the
subject vehicles similarly does not create an increased safety risk.
Assuming that the function has been initialized by the operator, a
series of specific and coordinated steps must occur in order to
activate car wash mode. If those steps are not carried out in the
precise order required, then the car wash mode program will not be
activated. Even in the unlikely event that the car wash mode
function is inadvertently activated, there is no enhanced risk of
injury because of the sunroof auto-reverse feature.
Mercedes-Benz concludes by again contending 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 Mercedes-Benz
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
Mercedes-Benz 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. 2020-23512 Filed 10-22-20; 8:45 am]
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