Mercedes-Benz USA, LLC, on Behalf of Daimler AG, Receipt of Petition for Decision of Inconsequential Noncompliance |
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Topics: Mercedes-Benz C-Class
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Claude H. Harris
National Highway Traffic Safety Administration
September 13, 2012
[Federal Register Volume 77, Number 178 (Thursday, September 13, 2012)]
[Notices]
[Pages 56698-56700]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22559]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2012-0115; Notice 1]
Mercedes-Benz USA, LLC, on Behalf of Daimler AG, Receipt of
Petition for Decision of Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Receipt of petition.
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SUMMARY: Mercedes-Benz USA, LLC (MBUSA),\1\ on behalf of itself and its
parent company Daimler AG (DAG) \2\, has determined that certain model
year 2012 Mercedes-Benz C-Class (204 platform) passenger cars
manufactured
[[Page 56699]]
between March and August 2011, do not fully comply with paragraph
S4.3(d) of Federal Motor Vehicle Safety Standard (FMVSS) No. 110, Tire
selection and rims and motor home/recreation vehicle trailer load
carrying capacity information for motor vehicles with a GVWR of 4,536
kilograms (10,000 pounds) or less. MBUSA has filed an appropriate
report dated May 4, 2012, pursuant to 49 CFR part 573, Defect and
Noncompliance Responsibility and Reports.
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\1\ Mercedes-Benz USA, LLC, is a U.S. company that manufacturers
and imports motor vehicles.
\2\ Daimler AG, is a German company that manufactures motor
vehicles.
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Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule
at 49 CFR part 556), MBUSA submitted a petition for an exemption from
the notification and remedy requirements of 49 U.S.C. Chapter 301 on
the basis that this noncompliance is inconsequential to motor vehicle
safety.
This notice of receipt of MBUSA'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.
Vehicles involved: Affected are approximately 1,479 model year 2012
Mercedes-Benz C-Class (204 platform) passenger vehicles manufactured
between March and August 2011.
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, these provisions
only apply to the subject 1,479 \3\ vehicles that MBUSA no longer
controlled at the time it determined that the noncompliance existed.
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\3\ MBUSA's petition, which was filed under 49 CFR part 556,
requests an agency decision to exempt MBUSA as a vehicle
manufacturer from the notification and recall responsibilities of 49
CFR part 573 for the 1,479 affected vehicles. However, a decision on
this petition will not relieve vehicle distributors and dealers of
the prohibitions on the sale, offer for sale, introduction or
delivery for introduction into interstate commerce of the
noncompliant vehicles under their control after MBUSA notified them
that the subject noncompliance existed.
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Noncompliance: MBUSA explains that the noncompliance is that the
vehicle placard on the affected vehicles incorrectly identifies the
tire size designation of the spare tire in the vehicle.
Rule text: Paragraph S4.3(d) of FMVSS No. 110 requires in pertinent
part:
S4.3 Placard. Each vehicle, except for a trailer or incomplete
vehicle, shall show the information specified in S4.3(a) through
(g), and may show, at the manufacturer's option, the information
specified in S4.3(h) and (i), on a placard permanently affixed to
the driver's side B-pillar. * * *
(b) Tire size designation, indicated by the headings ``size'' or
``original tire size'' or ``original size,'' and ``spare tire'' or
``spare,'' for the tires installed at the time of the first purchase
for purposes other than resale. * * *
Summary of MBUSA's Analysis and Arguments
MBUSA explains that while the vehicle placard incorrectly
identifies the designated spare tire size corresponding to the actual
size of the spare tire originally installed in the vehicle, the
recommended cold tire inflation pressure for the spare tire is
correctly stated. In addition, all information required under S4.3 for
maintaining and replacing the front and rear tires, as well as vehicle
weight and seating capacity, is correct.
MBUSA also stated that if a vehicle owner were to question the
correct spare tire size they would be able to check the size by
comparing it with the size stamped on the sidewall of the originally
provided spare tire. If the vehicle owner were to attempt to put a
spare tire of the size indicated on the vehicle placard on the spare
tire rim originally provided with the vehicle, it would be immediately
apparent that the tire is too large to be installed on the rim and hold
any inflation pressure. Both the actually provided spare tire and a
tire of the size indicated on the vehicle placard for the spare tire
meet the FMVSS No. 110 loading requirements at the recommended cold
inflation pressure stated on the vehicle placard. Both the originally
installed spare tire and a spare tire of the size listed on the vehicle
placard, when inflated to the labeled recommended cold inflation
pressure, are appropriate to handle the vehicle maximum loads.
MBUSA has additionally informed NHTSA that it has corrected future
production and that all other required markings are present and
correct.
MBUSA is not aware of any incidents or customer complaints related
to the noncompliant vehicle placard.
MBUSA also expressed its belief that NHTSA has previously granted
similar petitions.
In summation, MBUSA believes that the described noncompliance of
its vehicle placards regarding the spare tire size is inconsequential
to motor vehicle safety, and that its petition, to exempt from
providing recall notification of noncompliance as required by 49 U.S.C.
30118 and remedying the recall noncompliance as required by 49 U.S.C.
30120 should be granted.
Comments: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited at the beginning of this notice and be
submitted by any of the following methods:
a. By mail addressed to: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
b. By hand delivery to: 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 Federal Holidays.
c. Electronically: by logging onto the Federal Docket Management
System (FDMS) Web site at http://www.regulations.gov/. Follow the
online instructions for submitting comments. Comments may also be faxed
to 1-202-493-2251.
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 your comments were received, please
enclose a stamped, self-addressed postcard with the comments. Note that
all comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
Documents submitted to a docket may be viewed by anyone at the
address and times given above. The documents may also be viewed on the
Internet at http://www.regulations.gov by following the online
instructions for accessing the dockets. DOT's complete Privacy Act
Statement is available for review in the Federal Register published on
April 11, 2000, (65 FR 19477-78).
The petition, supporting materials, and all comments received
before the close of business on the closing date indicated below will
be filed and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the extent possible. When the petition is granted or
denied, notice of the decision will be published in the Federal
Register pursuant to the authority indicated below.
[[Page 56700]]
Comment Closing Date: October 15, 2012.
Authority: 49 U.S.C. 30118, 30120: delegations of authority at
CFR 1.50 and 501.8.
Issued on: September 6, 2012.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2012-22559 Filed 9-12-12; 8:45 am]
BILLING CODE 4910-59-P