Mercedes-Benz USA, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance |
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Topics: Mercedes-Benz GLE, Mercedes-Benz GLS
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Otto G. Matheke III
National Highway Traffic Safety Administration
23 April 2021
[Federal Register Volume 86, Number 77 (Friday, April 23, 2021)]
[Notices]
[Pages 21792-21794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08453]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2020-0116; 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 (MBAG) and Mercedes-Benz USA, LLC (MBUSA),
(collectively, ``Mercedes-Benz''), have determined that certain model
year (MY) 2020-2021 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. Mercedes-Benz filed a
noncompliance report dated October 30, 2020. Mercedes-Benz subsequently
petitioned NHTSA on November 16, 2020, for a decision that the subject
noncompliance
[[Page 21793]]
is inconsequential as it relates to motor vehicle safety. This notice
announces receipt of Mercedes-Benz's petition.
DATES: Send comments on or before May 24, 2021.
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).
FOR FURTHER INFORMATION CONTACT: Kerrin Bressant, Compliance Engineer,
NHTSA, Office of Vehicle Safety Compliance, (202) 366-1110.
SUPPLEMENTARY INFORMATION:
I. Overview: Mercedes-Benz has determined that certain MY 2020-2021
GLE and GLS Class motor vehicles do not fully comply with the
requirements of paragraph S4.3(c) of 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 (49 CFR 571.110). Mercedes-Benz filed a noncompliance
report dated October 30, 2020, pursuant to 49 CFR part 573, Defect and
Noncompliance Responsibility and Reports. Mercedes-Benz subsequently
petitioned NHTSA on November 16, 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 22,439 MY 2020-2021 Mercedes-
Benz GLE350, GLE450, GLE580, GLS450, and GLS580 motor vehicles,
manufactured between July 7, 2018, and October 16, 2020, are
potentially involved.
III. Noncompliance: Mercedes-Benz explains that the noncompliance
is that the subject vehicles are equipped with a vehicle placard
affixed to the driver's side B-pillar of the vehicle that erroneously
overstates maximum permissible cold tire pressure and therefore, does
not fully meet the requirements specified in paragraph S4.3(c) of FMVSS
No. 110. Specifically, the vehicle placard overstates the maximum
permissible cold tire pressure as 320 kPa, when it should state a
maximum cold tire pressure of 300 kPa.
IV. Rule Requirements: Paragraph S4.3(c) of FMVSS No. 110 includes
the requirements relevant to this petition. 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. At the manufacturer's option, the
information specified in S4.3 (c), (d), and, as appropriate, (h) and
(i) may be shown, alternatively to being shown on the placard, on a
tire inflation pressure label which must conform in color and format,
not including the border surrounding the entire label, as shown in the
example set forth in Figure 2 in this standard.
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. For the vehicles at issue in this petition, the placard lists
the maximum tire inflation pressure as 320 kPa while the tire sidewall
indicates that the maximum tire inflation pressure is 300 kPa. The tire
pressure information located on the inside of the gas tank flap also
indicates that the maximum tire pressure is 320 kPa. Mercedes-Benz
asserts the difference in information between the tire sidewall and
what is included on the vehicle and placard does not present any risk
of over-inflation since, per the tire manufacturer, the tires were
actually designed to a maximum permissible inflation pressure of 350
kPa.
2. Mercedes-Benz claims there is no risk of tire overloading here,
even if the consumer were to inflate the tires based on the 320 kPa
inflation pressure listed on the placard or on the gas tank flap. The
tire manufacturer in this instance, Michelin, has confirmed that the
Primacy Tour A/S tires that are equipped on the subject vehicles are
designed and manufactured to withstand a maximum tire pressure of
[[Page 21794]]
350 kPa, which is even higher than what is listed on the placard or on
the tire sidewall. The supplier has confirmed that there are no effects
on vehicle performance and there would be no adverse safety
consequences if the tires were inflated to the 320 kPa limit indicated
on the placard or to the 300 kPa limit listed on the sidewall.
Mercedes-Benz says the tires otherwise meet or exceed all applicable
FMVSS performance requirements.
3. Mercedes-Benz contends that in similar situations when
evaluating the effect of a noncompliance with FMVSS No. 110, the Agency
has recognized that slight discrepancies in the listed tire pressure
and deviations in the information listed in the placard do not have a
consequential effect on motor vehicle safety. For example, the Agency
granted a petition where the placards incorrectly identified the size
of the tires installed on the vehicles. Mercedes-Benz says that the
Agency reasoned that the noncompliance was inconsequential because,
among other reasons, the tires installed on the vehicles are
appropriate to handle the vehicle's maximum loads when inflated to the
maximum tire pressure. See Chrysler Group, LLC, Grant of Petition for
Decision of Inconsequential Noncompliance, 78 FR 38443 (June 26, 2013).
Mercedes-Benz claims that this has also been the Agency's rationale
when specific information was missing from the vehicle placard. See
General Motors, LLC, Grant of Petition for Decision of Inconsequential
Noncompliance, 84 FR 25117 (May 30, 2019) (``vehicles are equipped with
the appropriate matched spare tire and rim combination, and that when
properly mounted on the subject vehicles, would allow the vehicles to
be operated safely within the manufacturer's specified performance and
loading limits.'') Further, Mercedes-Benz states, the Agency has
recognized that the maximum tire inflation pressure indicated on the
tire sidewall have somewhat limited safety value and that NHTSA
ultimately decided to retain maximum inflation pressure labeling
requirements simply ``as an aid in preventing over-inflation.'' See
Grant of Petition of Michelin North America, 70 FR 10161 (March 2,
2005).
4. Mercedes-Benz asserts that there is no risk of over-inflation in
this case because the tires have been designed and engineered to a
higher maximum inflation pressure. The tires are sufficiently robust to
accommodate the additional 20 kPa of pressure should the consumer rely
on the information listed on the placard or under the gas tank flap.
According to Mercedes-Benz, there is also no risk of under pressurizing
the tire if the consumer relied upon the value listed on the tire
sidewall because 300 kPa is also a sufficient maximum pressure for the
tires installed on these vehicles. Inflating the tires at either 300
kPa or 320 kPa is appropriate for the GVWR of the vehicle. Inflating
the tires to the pressure listed on either the tire sidewall or the
value listed on the placard would not impact the operation of the tire
pressure monitoring system, and the vehicle's load-carrying capacity
would not be impacted or reduced if the tire is inflated to 320 kPa (up
to 350 kPa) if the consumer followed the inflation level on the placard
or under the gas tank flap. Overall, from a vehicle performance
perspective, 20 kPa in tire pressure difference is of no consequence,
particularly where, as here, there is no effect on vehicle performance
or load capacity.
5. Mercedes-Benz says that owners may seek guidance on the
appropriate tire pressure inflation value through its Roadside
Assistance program which is available 24 hours a day and complimentary
during the vehicle warranty period. Alternatively, any Mercedes-Benz
customer may obtain information on tire pressure and other service-
related information from trained representatives by calling the
Mercedes-Benz Customer Assistance Center. All of the remaining
information on the vehicle placard is accurate, including the vehicle
loading capacity and tire size and dimensions, which further confirms
that the vehicle is not susceptible to overloading even if the tires
are inflated to 320 kPa.
6. Mercedes-Benz cites NHTSA as saying ``historically granted
petitions for inconsequentiality for inaccurate tire placards where the
grantee has supplied sufficient reasoning to support . . . a conclusion
[that there is no adverse safety impact.''] See Kia Motors, Inc., Grant
of Petition for Decision of Inconsequential Noncompliance, 85 FR 39676
(July 1, 2020).
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. 2021-08453 Filed 4-22-21; 8:45 am]
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