Mercedes-Benz USA, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance |
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Topics: GLE-Class, GLS-Class
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Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
11 April 2017
[Federal Register Volume 82, Number 68 (Tuesday, April 11, 2017)]
[Notices]
[Pages 17515-17517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07167]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2016-0143; 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) on behalf of itself and its
parent company Daimler AG (DAG), has determined that certain model year
(MY) 2016 and 2017 Mercedes-Benz GLE and GLS-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 noncompliance
information report dated December 12, 2016. MBUSA also petitioned NHTSA
on December 22, 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 May 11, 2017.
[[Page 17516]]
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 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) 2016 and 2017 Mercedes-Benz GLE and GLS-Class
motor vehicles do not fully comply with paragraph S4.3 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 noncompliance information report dated
December 12, 2016, pursuant to 49 CFR part 573, Defect and
Noncompliance Responsibility and Reports. MBUSA also petitioned NHTSA
on December 22, 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 142 of the following Mercedes-
Benz GLE and GLS-Class motor vehicles manufactured on June 14 and June
15, 2016, are potentially involved:
2016 Mercedes-Benz GLE300d 4Matic
2016 Mercedes-Benz GLE350
2016 Mercedes-Benz GLE350 4Matic
2016 Mercedes-Benz GLE400 4Matic
2016 Mercedes-Benz GLE550e 4Matic
2016 Mercedes-Benz GLE63S AMG 4Matic
2017 Mercedes-Benz GL450 4Matic
2017 Mercedes-Benz GL550 4Matic
III. Noncompliance: MBUSA explains that the noncompliance is that
the tire information placard affixed to the driver's side B-pillar on
the subject vehicles was improperly printed and therefore does not meet
the requirements of paragraph S4.3 of FMVSS No. 110. Specifically, the
column identifying whether the tire is front, rear, or spare might not
be completely legible.
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. . . . This information shall be in the
English language and conform in color and format, not including the
border surrounding the entire placard, as shown in the example set
forth in Figure 1 in this standard . . .
(c) Vehicle manufacturer's recommended cold tire inflation
pressure for front, rear and spare tires . . .
(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 first purchase for
purposes other than resale . . .
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:
1. The row names ``front/rear/spare'' might not be completely
legible, but the tire dimensions and pressure values are legible and
correct.
2. The data, including the ``front/rear/spare'' designations, is
also available on the tank flap to the gas tank (also referred to as
the ``filler flap'').
3. After identifying the potentially noncompliant B-pillar tire
information placards, DAG analyzed potential technical implications,
specifically with respect to the requirements of FMVSS No. 110, and did
not identify any technical implications since the label remains
substantially legible and the same information is provided elsewhere on
the vehicle.
4. MBUSA has received neither customer complaints nor information
about any accidents or injuries alleged to have occurred as a result of
this noncompliance.
5. DAG has correct labels in production as of June 15, 2016.
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.
To view MBUSA's petition analyses in its entirety you can visit
https://www.regulations.gov by following the online instructions for
accessing the dockets and by using the docket ID number for this
petition shown in the heading of this notice.
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
[[Page 17517]]
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. 2017-07167 Filed 4-10-17; 8:45 am]
BILLING CODE 4910-59-P