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Mercedes-Benz USA, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance Publication: Federal Register Agency: National Highway Traffic Safety Administration Byline: Otto G. Matheke III Date: 23 October 2023 Subjects: American Government  , Safety
Topic: Mercedes-Benz |
[Federal Register Volume 88, Number 203 (Monday, October 23, 2023)]
[Notices]
[Pages 72809-72812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23341]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2021-0089, 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 (Mercedes-Benz) has determined that
certain model year (MY) 2019-2021 Mercedes-Benz motor vehicles do not
fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No.
101, Controls and Displays, and FMVSS No. 102, Transmission Shift
Position. Mercedes-Benz filed a noncompliance report dated September
24, 2021, and subsequently petitioned NHTSA (the ``Agency'') on October
25, 2021, for a decision that the subject noncompliance is
inconsequential as it relates to motor vehicle safety. This document
announces receipt of Mercedes-Benz's petition.
DATES: Send comments on or before November 22, 2023.
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 may be
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
[[Page 72810]]
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).
FOR FURTHER INFORMATION CONTACT: Frederick Smith, General Engineer,
NHTSA, Office of Vehicle Safety Compliance, (202) 366-7487 or Ahmad
Barnes, General Engineer, NHTSA, Office of Vehicle Safety Compliance,
(202) 366-7236.
SUPPLEMENTARY INFORMATION:
I. Overview: Mercedes-Benz determined that certain MY 2020
Mercedes-Benz CLS450, MY 2019 Mercedes-Benz E300, MY 2019-2020
Mercedes-Benz E450, MY 2019 Mercedes-Benz AMG E53, MY 2019-2020
Mercedes-Benz AMG G63, MY 2020-2021 Mercedes-Benz E350, MY 2019-2020
Mercedes-Benz G550 do not fully comply with paragraph S5.3.1(a),
S5.3.1(b), S5.3.2.1, S5.3.2.2(a), S5.3.3(a). of FMVSS No. 101, Controls
and Displays (49 CFR 571.101) and paragraph S3.1.4.1 of FMVSS No. 102,
Transmission Shift Position, (49 CFR 571.102.) Mercedes-Benz filed a
noncompliance report dated September 24, 2021, pursuant to 49 CFR part
573, Defect and Noncompliance Responsibility and Reports. Mercedes-Benz
petitioned NHTSA on October 25, 2021, 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 another exercise of judgment concerning the merits of the
petition.
II. Vehicles Involved: Approximately 27,742 MY 2020 Mercedes-Benz
CLS450, MY 2019 Mercedes-Benz E300, MY 2019-2020 Mercedes-Benz E450, MY
2019 Mercedes-Benz AMG E53, MY 2019-2020 Mercedes-Benz AMG G63, MY
2020-2021 Mercedes-Benz E350, MY 2019-2020 Mercedes-Benz G550,
manufactured between January 29, 2018, and August 25, 2020, were
reported by the manufacturer.
III. Noncompliance: Mercedes-Benz explains that the illumination of
the instrument cluster in the subject vehicles may be interrupted under
certain circumstances, and therefore does not comply with paragraph
S5.3.1(a), S5.3.1(b), S5.3.2.1, S5.3.2.2(a), S5.3.3(a). of FMVSS No.
101 and paragraph S3.1.4.1 of FMVSS No. 102. Specifically, the digital
indicators including the shift position indicator, digital/analog
speedometer, tachometer, time, and temperature may briefly fade to dark
for a maximum of 2.5 seconds and then intensify back to full
illumination.
IV. Rule Requirements: Paragraph S5.3.1(a), S5.3.1(b), S5.3.2.1,
S5.3.2.2(a), S5.3.3(a). of FMVSS No. 101 and paragraph S3.1.4.1. of
FMVSS No. 102 include the requirements relevant to this petition.
Except as provided in FMVSS 101 S5.3.1(c), the identifications of
controls for which the word ``Yes'' is specified in column 5 of Table 1
must be capable of being illuminated whenever the headlamps are
activated. This requirement does not apply to a control located on the
floor, floor console, steering wheel, steering column, or in the area
of windshield header, or to a control for a heating and air-
conditioning system that does not direct air upon the windshield.
Except as provided in S5.3.1(c), the indicators and their
identifications for which the word ``Yes'' is specified in column 5 of
Table 1 must be illuminated whenever the vehicle's propulsion system
and headlamps are activated. Means must be provided for illuminating
the indicators, identifications of indicators and identifications of
controls listed in Table 1 to make them visible to the driver under
daylight and nighttime driving conditions. The means of providing the
visibility required by S5.3.2.1: must be adjustable to provide at least
two levels of brightness. Means must be provided for illuminating
telltales and their identification sufficiently to make them visible to
the driver under daylight and nighttime driving conditions. Except as
specified in FMVSS 102 S3.1.4.3, if the transmission shift position
sequence includes a park position, identification of shift positions,
including the positions in relation to each other and the position
selected, shall be displayed in view of the driver whenever the
ignition is in a position where the transmission can be shifted, or the
transmission is not in park.
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.
Mercedes-Benz claims that the conditions needed to cause the FMVSS
No. 101 noncompliance is rare. In order for the subject FMVSS No. 101
noncompliance to occur, three events must occur simultaneously. First,
the CPU load must approach the limits of the instrument cluster's input
capacity. Second, while there is a high CPU load, a specific diagnostic
function must be activated and the combined effect of the already high
CPU load and the diagnostics is sufficient to threaten an instrument
cluster freeze, which would trigger a preventative reset. Finally,
during the reset, which would last no more than 2.5 seconds, a separate
equipment malfunction or condition must occur that would activate an
indicator or telltale.
Mercedes-Benz believes that ``the likelihood of a telltale being
activated in any particular 2.5 second period is very low.'' Compounded
with the probability of the being activated following the first two
events, the Mercedes-Benz contends that the likelihood of the subject
noncompliance occurring is ``negligible.''
Mercedes-Benz says that its engineers determined that the maximum
duration of illumination loss is 2.5 seconds, and the maximum time of
analog display illumination loss is 0.8 seconds. Additionally,
Mercedes-Benz claims that the subject noncompliance ``would not cause
the instrument cluster to report inaccurate information.''
Mercedes-Benz also claims that a driver is unlikely to be confused
if the display experiences diminished illumination for 2.5 seconds and
the driver would be unlikely to notice a 2.5 second interruption of
illumination. Mercedes-Benz refers to a prior NHTSA decision in which
the agency granted a similar petition based on its belief that a reset
of the instrument panel would happen quickly within seconds before the
driver would be distracted to realize what was happening.\1\
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\1\ See Grant of Petition for Inconsequential Noncompliance to
General Motors, Docket No. NHTSA-2013-0134, 81 FR 6928. (February 9,
2016)
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According to Mercedes-Benz, it is difficult to formulate an outcome
in a
[[Page 72811]]
situation had the instrument cluster displays made the driver aware of
the situation 2.5 seconds sooner. Mercedes-Benz explains that the
purpose of the IC displays is to inform the driver of the vehicle and
equipment functions, metrics, and status. They have no control over the
vehicle's operation or the equipment and functions that they monitor
and report on. The subject noncompliance would therefore have no effect
on the vehicle's operation.
Finally, Mercedes-Benz contends that the IC reset is a functional
safety measure designed to prevent a permanent IC display failure.
Mercedes-Benz asserts that if this reset feature is determined to be
consequential to vehicle safety and manufacturers were required to
remove or disable it, vehicle occupants would be exposed ``to a much
higher and enduring safety risk.
Mercedes-Benz believes that NHTSA precedent supports the granting
of its petition for the subject noncompliance. According to Mercedes-
Benz, ``NHTSA has consistently held that brief interruption of vehicle
display visibility, lasting only seconds, is inconsequential to motor
vehicle safety.'' Mercedes-Benz says that the subject noncompliance is
similar to the noncompliances at issue in past petitions that were
granted. Mercedes-Benz says that NHTSA granted a petition by General
Motors, LLC, in which MY 2014 Chevrolet Silverado motor vehicles were
noncompliant with FMVSS No. 101 and FMVSS No. 102 due to an instrument
cluster reset. According to Mercedes-Benz, in this case, the affected
vehicles were equipped with an instrument cluster that would reset if
the driver used the steering wheel controls to operate an external
device connected to the vehicle's USB port. All warning lights would go
out, the shift position indicator (PRNDM) would extinguish, and the
analog gauges (such as the speedometer) would drop to zero for 1.5
seconds. All telltales would then turn on for 5 seconds following the
reset. Mercedes-Benz notes that the noncompliance in the Chevrolet
Silverado vehicles would cause telltale activation to be obscured for
6.5 seconds in total which is more than 2.5 times the maximum time the
digital displays in the subject vehicles would be affected in the
present case and more than eight times the maximum time the analog
meters would be affected. Mercedes-Benz says that NHTSA found that the
noncompliance in the Chevrolet Silverado vehicles was inconsequential
to vehicle safety because the reset would be corrected within seconds,
``before the driver would be distracted, or realize what was
happening.''
Mercedes-Benz contends that the granting of another petition by
General Motors, LLC, further supports the granting of the current
petition. In 2016, NHTSA granted General Motors' petition in which GMC
Denali motor vehicles were equipped with an instrument cluster that
``would reset if the design input rate of the CPU was exceeded due to
simultaneous use of multiple functions (such as navigation, Bluetooth
calling, pairing a media device, or others).'' In this case, the reset
would cause a loss of illumination to all digital warning lights and
the shift position indicator, and the indicator gauges would drop to
zero for 1.3 seconds. After the reset, all telltales would illuminate
for 5 seconds. Mercedes-Benz says that NHTSA determined this
noncompliance to be inconsequential to vehicle safety because the reset
would be a momentary condition and ``the instrument panel telltales and
indicators would extinguish and return to normal very quickly, with
little, if any, impact to the driver.''
Mercedes-Benz contends that the subject noncompliance is similar to
the aforementioned noncompliances because the instrument cluster reset
in question is likely to be infrequent because the reset is ``triggered
by the simultaneous occurrence of two unusual and independent events.''
Mercedes-Benz claims that the subject noncompliance has been difficult
for its engineers ``to induce or observe, in large part because of the
infrequent coincidence of the two events.''
Mercedes-Benz believes that the loss of display visibility is not
likely to cause driver distraction or other increased risk to motor
vehicle safety. The subject noncompliance causes the illumination of
the speedometer and tachometer to be interrupted for up to 0.8 seconds
and would interrupt the illumination of the digital indicators and
telltale lamps for less than 2.5 seconds. Mercedes-Benz contends that
it is unlikely that an IC indicator or telltale would activate during
this reset period and even in the event that it did, activation of the
indicator or telltale after the 2.5 second reset would not cause an
increased risk to motor vehicle safety.
According to Mercedes-Benz, NHTSA has not previously required a
recall ``to address a seconds-long interruption of instrument cluster
illumination.'' The interruption of illumination affecting the
Chevrolet Silverado and GMC Denali motor vehicles in the aforementioned
General Motors petitions is more than twice the duration of the reset
in the subject Mercedes-Benz motor vehicles. Mercedes-Benz contends
that NHTSA found that the displays ``would return to normal quickly
with little to no impact to the driver,'' and should therefore have the
same finding for the subject noncompliance. Like the Chevrolet
Silverado and GMC Denali motor vehicles, none of the subject vehicles'
operating functions would be affected by the instrument cluster reset.
Mercedes-Benz adds that many signals on the digital main instrument
cluster involve comfort or convenience features unrelated to vehicle
safety and conditions communicated by other indicators or telltales
would not be significantly affected by a driver response that is 2.5
seconds earlier. Furthermore, the analog gauges, like the speedometer,
would continue to display the correct information when illumination is
interrupted and during daylight, the analog gauges remain visible.
Finally, Mercedes-Benz contends that any risk to motor vehicle
safety related to the subject noncompliance is ``lower than the risk
posed by instrument cluster malfunctions NHTSA has previously
exempted.'' Mercedes-Benz says that the analog gauge readings in the
Chevrolet Silverado and GMC Denali noncompliances dropped to zero
during a reset and the instrument clusters would stop functioning
whereas the analog gauges in the subject vehicles continue to display
accurate information and the instrument clusters would lack
illumination but would otherwise remain functional during the reset.
Further, the operation of the instrument panels in the Chevrolet
Silverado and GMC Denali vehicles was interrupted and only the
illumination of the instrument panels in the subject vehicles is
interrupted. In the Chevrolet Silverado and GMC Denali vehicles, any
meaningful message would be further obscured for 5 seconds while all
the telltales are illuminated which Mercedes-Benz claims could cause
confusion, but no such confusion would occur in the subject vehicles
because once the reset is completed, only those controls or telltales
that have been activated would be displayed to the driver. Therefore,
Mercedes-Benz believes that the instrument cluster reset in the subject
vehicles poses an even lower risk to safety than the Chevrolet
Silverado and GMC Denali noncompliance which NHTSA determined to be
inconsequential to motor vehicle safety.
Mercedes-Benz claims that the subject noncompliance has no effect
on the operation of headlights, taillights, or
[[Page 72812]]
other vehicle lights. Mercedes-Benz states that they are not aware of
any reports or claims regarding crashes or injuries concerning the
subject noncompliance.
Mercedes-Benz concludes by stating its belief that the subject
noncompliance is inconsequential as it relates to motor vehicle safety
and 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
vehicles 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. 2023-23341 Filed 10-20-23; 8:45 am]
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