Mercedes-Benz USA, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance |
|---|
Topics: Mercedes-Benz GL-Class
|
Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
14 November 2016
[Federal Register Volume 81, Number 219 (Monday, November 14, 2016)]
[Notices]
[Pages 79558-79559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27274]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2016-0092; 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.
-----------------------------------------------------------------------
SUMMARY: Mercedes-Benz USA, LLC (MBUSA), has determined that certain
model year (MY) 2016 Mercedes GL-Class multipurpose passenger vehicles
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 filed a report dated August 12, 2016, and amended it on August
29, 2016, pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports. MBUSA then petitioned NHTSA under 49 CFR
part 556 for a decision that the subject noncompliance is
inconsequential as it relates to motor vehicle safety.
DATES: The closing date for comments on the petition is December 14,
2016.
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 be
submitted by any of the following methods:
Mail: Send comments 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.
Hand Deliver: Deliver comments by hand 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.
Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) Web site 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
[[Page 79559]]
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.
The petition, supporting materials, and all comments 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 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 documents 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).
SUPPLEMENTARY INFORMATION:
I. Overview: Pursuant to 49 U.S.C. 30118(d) and 30120(h) and their
implementing regulations 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 as it relates 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 judgement concerning the merits of the petition.
II. Vehicles Involved: Affected are 2,917 of the following MY 2016
Mercedes-Benz GL-Class multipurpose passenger vehicles manufactured
between December 1, 2015, and February 5, 2016:
GL 350 Bluetec 4Matic SUV (155 vehicles).
GL 450 4Matic SUV (2,482 vehicles).
GL 550 4Matic SUV (280 vehicles).
III. Noncompliance: MBUSA explains that the noncompliance is due to
a labeling error. The subject vehicles are equipped with a spare tire,
size T155/80 R19 114M; however, the tire information placard affixed to
the vehicles' B-pillar incorrectly identifies the spare tire size as
T165/90 R19 119M. The placard therefore does not comply with
requirements specified in paragraph S4.3(d) of FMVSS No. 110.
IV. Rule Text: Paragraph S4.3 of FMVSS No. 110 states, 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) through (i), on a placard permanently affixed
to the driver's side B-pillar. In each vehicle without a driver's
side B-pillar and two doors on the driver's side of the vehicle
opening in the opposite directions, the placard shall be affixed on
the forward edge of the rear side door . . .
(d) 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. For full size spare tires, the
statement ``see above'' may, at the manufacturer's option replace
the tire size designation. If no spare tire is provided, the word
``none'' must replace the tire size designation; . . .
V. Summary of MBUSA's Petition: MBUSA described the subject
noncompliance and stated its belief that the noncompliance is
inconsequential as it relates to motor vehicle safety.
In support of its petition, MBUSA stated the following:
(a) Both tire sizes can be used on the vehicle. The spare tire
with the size of T165/90 R19 119M (the size stated on the B-pillar
label) is equipped on older models produced before November 2015.
The purpose of FMVSS No. 110 is to ``prevent tire overloading,'' see
40 CFR 571. S1, and no overloading will result from the incorrect
label because either tire size (the one stated on the label or the
one actually on the vehicle) can be used.
(b) The tire pressure is the same for both spare tire sizes.
When checking the tire pressure for the spare tire, the customer
will find the correct tire pressure values on the label. Again, no
overloading will result from the incorrect label because the correct
tire pressure values are provided.
(c) Information regarding the correct spare tire is available to
the vehicle owner. The vehicles are equipped with an Operator's
Manual which describes both spare tire sizes. Also, if a tire needs
to be replaced on the spare wheel, the dealer Electronic Parts
Catalogue (EPC) correctly specifies the proper tire part number.
Additionally, further assistance regarding the correct spare tire
can be provided by the customer assistance center.
(d) The presumption that the issue described above will have an
inconsequential impact on safety is supported by field data: MBUSA
is not aware of any customer complaints, accidents, or injuries
alleged to have occurred as a result of this tire label discrepancy
in the United States.
MBUSA concluded by expressing the belief 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 MBUSA 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 MBUSA
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.
Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016-27274 Filed 11-10-16; 8:45 am]
BILLING CODE 4910-59-P