Mercedes-Benz USA, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance |
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Topics: Mercedes-Benz CLS-Class
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Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
20 December 2016
[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)]
[Notices]
[Pages 92964-92966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30579]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2016-0109; 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 USA, LLC (MBUSA), has determined that certain
model year (MY) 2015-2016 Mercedes-Benz CLS-Class motor vehicles do not
fully comply with 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 Safety Recall
Report dated September 12, 2016. MBUSA also petitioned NHTSA on October
4, 2016, 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 January 19,
2017.
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
[[Page 92965]]
notice and 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 Delivery: 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 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).
SUPPLEMENTARY INFORMATION:
I. Overview
Mercedes-Benz USA, LLC (MBUSA), has determined that certain model
year (MY) 2015-2016 Mercedes-Benz CLS-Class motor vehicles do not fully
comply with paragraph S4.3(a) 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 September 12, 2016, pursuant to 49 CFR part 573, Defect
and Noncompliance Responsibility and Reports. MBUSA also petitioned
NHTSA on October 4, 2016, pursuant to 49 U.S.C. 30118(d) and 30120(h)
and 49 CFR part 556, 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 judgment concerning the merits of the petition.
II. Vehicles Involved
Approximately 6,678 MY 2015-2016 Mercedes-Benz CLS 400 and
Mercedes-Benz CLS 400 4MATIC motor vehicles manufactured between May
23, 2014 and April 21, 2016, are potentially involved.
III. Noncompliance
MBUSA explains that the noncompliance is that the subject vehicles
have tire and loading information placards affixed to their B-pillars
that incorrectly identify the maximum combined weight of occupants and
cargo. Specifically, the Mercedes CLS 400 was manufactured with a tire
information placard that identifies a maximum combined weight of 420
kilograms (926 pounds) and the Mercedes CLS 400 4MATIC was manufactured
with a tire information placard that identifies a maximum combined
weight of 355 kilograms (783 pounds). However, the maximum combined
weight of occupants and cargo should be 315 kilograms (694 pounds) for
the Mercedes CLS 400 and 325 kg (717 pounds) for the CLS 400 4MATIC.
Therefore, the vehicles do not comply with paragraph S4.3 of FMVSS No.
110.
IV. Rule Text
Paragraph S4.3 of FMVSS No. 110 states:
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. . . .
(a) Vehicle capacity weight expressed as ``The combined weight
of occupants and cargo should never exceed XXX kilograms or XXX
pounds''
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 submitted the following
reasoning:
(a) The tires originally equipped on the subject vehicles are able
to carry the additional weight indicated on the tire label. Further,
the tire pressure detailed on the label is sufficient to carry those
weights. The maximum tire and vehicle load information detailed in the
table below demonstrates that the tire is designed to carry a higher
load than that which was incorrectly set out on the tire label:
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Maximum vehicle load (per
tire)
Tire dimension Maximum tire -------------------------------
load (lbs) CLS 400 4MATIC
CLS 400 (lbs) (lbs)
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18'' front...................................................... 1708 1243 1289
18'' rear....................................................... 1609 1256 1278
19'' front...................................................... 1565 1243 1289
19'' rear....................................................... 1653 1256 1278
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[[Page 92966]]
(b) Should the driver follow the values displayed on the tire
label, motor vehicle safety is not negatively impacted. The vehicle
platform (including chassis and axles) serves other CLS vehicle lines
and is designed for vehicles with a higher gross vehicle weight rating
(``GVWR''). The platform therefore can handle the potential additional
weight.
(c) Subject vehicles are equipped with the B-pillar certification
information label in accordance with 49 CFR part 567 indicating a GVWR
of 2260 kilograms (4982 pounds) for vehicle type 218.365, the CLS 400,
and a GVWR of 2330 kg (5137 pounds) for vehicle type 218.367, the CLS
400 4MATIC. The information detailed on the B-pillar certification
information label is correct. Therefore, the driver can refer to this
alternative source of information in order to determine the correct
maximum load weight of the vehicle.
(d) After identifying the potentially incorrect values in the tire
label, Daimler AG (DAG) analyzed potential technical implications,
specifically with respect to the requirements of FMVSS No. 110,
including potential effects on axles, suspension, brakes, driving
dynamic, and crashworthiness. Based on this analysis, an impact on
steering, braking or other vehicle dynamics as a result of the tire
label weight discrepancy can be excluded.
(e) Moreover, MBUSA is not aware of any customer complaints,
accidents or injuries alleged to have occurred as a result of this non-
compliance. Hence, field data supports the assertion that the issue
described above will have an inconsequential impact on safety.
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. 2016-30579 Filed 12-19-16; 8:45 am]
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