81 FR 79558 - Mercedes-Benz USA, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 81, Issue 219 (November 14, 2016)
National Highway Traffic Safety Administration
Federal Register Volume 81, Issue 219 (November 14, 2016)
| Page Range | 79558-79559 | |
| FR Document | 2016-27274 |
[Federal Register Volume 81, Number 219 (Monday, November 14, 2016)] [Notices] [Pages 79558-79559] From the Federal Register Online [www.thefederalregister.org] [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
![79558 Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices
times given above. The documents may corresponding inflation pressure, etc.) DEPARTMENT OF TRANSPORTATION
also be viewed on the Internet at https:// are correct. Even though the tires were
www.regulations.gov by following the labeled incorrectly as ‘‘TREAD 4 PLIES National Highway Traffic Safety
online instructions for accessing the STEEL CORD’’ on one side of the tires, Administration
dockets. The docket ID number for this the tires were manufactured with [Docket No. NHTSA–2016–0092; Notice 1]
petition is shown in the heading of this ‘‘TREAD 5 PLIES STEEL CORD’’, which
notice. is correctly marked on the opposite tire Mercedes-Benz USA, LLC, Receipt of
DOT’s complete Privacy Act sidewall. The mislabeling of these tires Petition for Decision of
Statement is available for review in a is not a safety concern and also has no Inconsequential Noncompliance
Federal Register notice published on impact on the retreading and recycling
April 11, 2000, (65 FR 19477–78). AGENCY: National Highway Traffic
industries. The affected tire mold has Safety Administration (NHTSA),
SUPPLEMENTARY INFORMATION:
already been corrected and all future Department of Transportation (DOT).
I. Overview: Pursuant to 49 U.S.C.
production will have the correct number ACTION: Receipt of petition.
30118(d) and 30120(h) and their
implementing regulations at 49 CFR part of plies shown on both sidewalls.
SUMMARY: Mercedes-Benz USA, LLC
556, Goodyear submitted a petition for Goodyear noted that NHTSA has
(MBUSA), has determined that certain
an exemption from the notification and previously granted petitions for the
model year (MY) 2016 Mercedes GL-
remedy requirements of 49 U.S.C. same noncompliance related to tire Class multipurpose passenger vehicles
Chapter 301 on the basis that this construction information on tires do not fully comply with paragraph
noncompliance is inconsequential as it because of surveys that show most S4.3(d) of Federal Motor Vehicle Safety
relates to motor vehicle safety. consumers do not base purchases on tire Standard (FMVSS) No. 110, Tire
This notice of receipt of Goodyear’s construction information found on the Selection and Rims and Motor Home/
petition is published under 49 U.S.C. tire sidewall. Recreation Vehicle Trailer Load
30118 and 30120 and does not represent
Goodyear concluded by expressing Carrying Capacity Information for Motor
any agency decision or other exercise of
the belief that the subject Vehicles with a GVWR of 4,536
judgment concerning the merits of the
noncompliance is inconsequential as it kilograms (10,000 pounds) or Less.
petition.
II. Tires Involved: Affected are relates to motor vehicle safety, and that MBUSA filed a report dated August 12,
approximately 381 Goodyear G182 RSD its petition to be exempted from 2016, and amended it on August 29,
size 11R22.5 LR G commercial truck providing notification of the 2016, pursuant to 49 CFR part 573,
tires manufactured between July 3, noncompliance, as required by 49 Defect and Noncompliance
2016, and August 20, 2016. U.S.C. 30118, and a remedy for the Responsibility and Reports. MBUSA
III. Noncompliance: Goodyear noncompliance, as required by 49 then petitioned NHTSA under 49 CFR
explains that because the sidewall part 556 for a decision that the subject
U.S.C. 30120, should be granted.
markings on the reference side of the noncompliance is inconsequential as it
NHTSA notes that the statutory relates to motor vehicle safety.
subject tires incorrectly identify the
provisions (49 U.S.C. 30118(d) and DATES: The closing date for comments
number of plies as ‘‘TREAD 4 PLIES
30120(h)) that permit manufacturers to on the petition is December 14, 2016.
STEEL CORD’’ instead of the correct
file petitions for a determination of ADDRESSES: Interested persons are
labelling ‘‘TREAD 5 PLIES STEEL
CORD,’’ the tires do not meet the inconsequentiality allow NHTSA to invited to submit written data, views,
requirements of paragraph S6.5(f) of exempt manufacturers only from the and arguments on this petition.
FMVSS No. 119. duties found in sections 30118 and Comments must refer to the docket and
IV. Rule Text: Paragraph S6.5(f) of 30120, respectively, to notify owners, notice number cited in the title of this
FMVSS No. 119 provides, in pertinent purchasers, and dealers of a defect or notice and be submitted by any of the
part: noncompliance and to remedy the following methods:
S6.5 Tire markings. Except as specified in defect or noncompliance. Therefore, any • Mail: Send comments by mail
this paragraph, each tire shall be marked on decision on this petition only applies to addressed to U.S. Department of
each sidewall with the information specified the subject tires that Goodyear no longer Transportation, Docket Operations, M–
in paragraphs (a) through (j) of this section controlled at the time it determined that 30, West Building Ground Floor, Room
. . . the noncompliance existed. However, W12–140, 1200 New Jersey Avenue SE.,
(f) The actual number of plies and the any decision on this petition does not Washington, DC 20590.
composition of the ply cord material in the
relieve tire distributors and dealers of • Hand Deliver: Deliver comments by
sidewall and, if different, in the tread area; hand to U.S. Department of
. . . the prohibitions on the sale, offer for
sale, or introduction or delivery for Transportation, Docket Operations, M–
V. Summary of Goodyear’s Petition: 30, West Building Ground Floor, Room
introduction into interstate commerce of
Goodyear described the subject W12–140, 1200 New Jersey Avenue SE.,
noncompliance and stated its belief that the noncompliant tires under their
Washington, DC 20590. The Docket
the noncompliance is inconsequential control after Goodyear notified them
Section is open on weekdays from 10
as it relates to motor vehicle safety. that the subject noncompliance existed. a.m. to 5 p.m. except Federal Holidays.
In support of its petition, Goodyear Authority: 49 U.S.C. 30118, 30120: • Electronically: Submit comments
submitted the following: Delegations of authority at 49 CFR 1.95 and electronically by logging onto the
Goodyear believes this
mstockstill on DSK3G9T082PROD with NOTICES
501.8. Federal Docket Management System
noncompliance is inconsequential to (FDMS) Web site at https://
motor vehicle safety because these tires Jeffrey M. Giuseppe,
www.regulations.gov/. Follow the online
were manufactured as designed and Director, Office of Vehicle Safety Compliance. instructions for submitting comments.
meet or exceed all applicable Federal [FR Doc. 2016–27275 Filed 11–10–16; 8:45 am] • Comments may also be faxed to
Motor Vehicles Safety performance BILLING CODE 4910–59–P (202) 493–2251.
standards. All of the sidewall markings Comments must be written in the
related to tire service (load capacity, English language, and be no greater than
VerDate Sep<11>2014 17:26 Nov 10, 2016 Jkt 241001 PO 00000 Frm 00148 Fmt 4703 Sfmt 4703 E:\FR\FM\14NON1.SGM 14NON1](https://thefederalregister.org/doc/81_FR_79777/page/1.svg)
![Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices 79559
15 pages in length, although there is no III. Noncompliance: MBUSA explains impact on safety is supported by field data:
limit to the length of necessary that the noncompliance is due to a MBUSA is not aware of any customer
attachments to the comments. If labeling error. The subject vehicles are complaints, accidents, or injuries alleged to
have occurred as a result of this tire label
comments are submitted in hard copy equipped with a spare tire, size T155/ discrepancy in the United States.
form, please ensure that two copies are 80 R19 114M; however, the tire
provided. If you wish to receive information placard affixed to the MBUSA concluded by expressing the
confirmation that comments you have vehicles’ B-pillar incorrectly identifies belief that the subject noncompliance is
submitted by mail were received, please the spare tire size as T165/90 R19 119M. inconsequential as it relates to motor
enclose a stamped, self-addressed The placard therefore does not comply vehicle safety, and that its petition to be
postcard with the comments. Note that with requirements specified in exempted from providing notification of
all comments received will be posted paragraph S4.3(d) of FMVSS No. 110. the noncompliance, as required by 49
without change to https:// IV. Rule Text: Paragraph S4.3 of U.S.C. 30118, and a remedy for the
www.regulations.gov, including any FMVSS No. 110 states, in pertinent part: noncompliance, as required by 49
personal information provided. U.S.C. 30120, should be granted.
S4.3 Placard. Each vehicle, except for a
The petition, supporting materials, NHTSA notes that the statutory
trailer or incomplete vehicle shall show the
and all comments received before the information specified in S4.3 (a) through (g), provisions (49 U.S.C. 30118(d) and
close of business on the closing date and may show, at the manufacturer’s option, 30120(h)) that permit manufacturers to
indicated above will be filed in the the information specified in S4.3 (h) through file petitions for a determination of
docket and will be considered. All (i), on a placard permanently affixed to the inconsequentiality allow NHTSA to
driver’s side B-pillar. In each vehicle without exempt manufacturers only from the
comments and supporting materials a driver’s side B-pillar and two doors on the
received after the closing date will also duties found in sections 30118 and
driver’s side of the vehicle opening in the 30120, respectively, to notify owners,
be filed and will be considered to the opposite directions, the placard shall be
extent possible. purchasers, and dealers of a defect or
affixed on the forward edge of the rear side
When the petition is granted or door . . . noncompliance and to remedy the
denied, notice of the decision will also (d) Tire size designation, indicated by the defect or noncompliance. Therefore, any
be published in the Federal Register headings ‘‘size’’ or ‘‘original tire size’’ or decision on this petition only applies to
pursuant to the authority indicated at ‘‘original size,’’ and ‘‘spare tire’’ or ‘‘spare,’’ the subject vehicles that MBUSA no
for the tires installed at the time of the first longer controlled at the time it
the end of this notice. purchase for purposes other than resale. For
All documents submitted to the determined that the noncompliance
full size spare tires, the statement ‘‘see existed. However, any decision on this
docket may be viewed by anyone at the above’’ may, at the manufacturer’s option
address and times given above. The petition does not relieve vehicle
replace the tire size designation. If no spare
documents may also be viewed on the tire is provided, the word ‘‘none’’ must distributors and dealers of the
Internet at https://www.regulations.gov replace the tire size designation; . . . prohibitions on the sale, offer for sale,
by following the online instructions for or introduction or delivery for
V. Summary of MBUSA’s Petition: introduction into interstate commerce of
accessing the dockets. The docket ID MBUSA described the subject
number for this petition is shown in the the noncompliant vehicles under their
noncompliance and stated its belief that control after MBUSA notified them that
heading of this notice. the noncompliance is inconsequential
DOT’s complete Privacy Act the subject noncompliance existed.
as it relates to motor vehicle safety.
Statement is available for review in a In support of its petition, MBUSA Authority: 49 U.S.C. 30118, 30120:
Federal Register notice published on stated the following: delegations of authority at 49 CFR 1.95 and
April 11, 2000, (65 FR 19477–78). 501.8.
(a) Both tire sizes can be used on the
SUPPLEMENTARY INFORMATION: vehicle. The spare tire with the size of T165/ Jeffrey M. Giuseppe,
I. Overview: Pursuant to 49 U.S.C. 90 R19 119M (the size stated on the B-pillar Director, Office of Vehicle Safety Compliance.
30118(d) and 30120(h) and their label) is equipped on older models produced [FR Doc. 2016–27274 Filed 11–10–16; 8:45 am]
implementing regulations at 49 CFR part before November 2015. The purpose of
BILLING CODE 4910–59–P
556, MBUSA submitted a petition for an FMVSS No. 110 is to ‘‘prevent tire
overloading,’’ see 40 CFR 571. S1, and no
exemption from the notification and
overloading will result from the incorrect
remedy requirements of 49 U.S.C. label because either tire size (the one stated DEPARTMENT OF TRANSPORTATION
Chapter 301 on the basis that this on the label or the one actually on the
noncompliance is inconsequential as it vehicle) can be used. Intelligent Transportation Systems
relates to motor vehicle safety. (b) The tire pressure is the same for both Program Advisory Committee; Notice
This notice of receipt of MBUSA’s spare tire sizes. When checking the tire of Meeting
petition is published under 49 U.S.C. pressure for the spare tire, the customer will
find the correct tire pressure values on the AGENCY: ITS Joint Program Office, Office
30118 and 30120 and does not represent of the Assistant Secretary for Research
label. Again, no overloading will result from
any agency decision or other exercise of and Technology, U.S. Department of
the incorrect label because the correct tire
judgement concerning the merits of the pressure values are provided. Transportation.
petition. (c) Information regarding the correct spare ACTION: Notice.
II. Vehicles Involved: Affected are tire is available to the vehicle owner. The
2,917 of the following MY 2016 vehicles are equipped with an Operator’s The Intelligent Transportation
Mercedes-Benz GL-Class multipurpose Manual which describes both spare tire sizes. Systems (ITS) Program Advisory
passenger vehicles manufactured Also, if a tire needs to be replaced on the Committee (ITSPAC) will hold a
mstockstill on DSK3G9T082PROD with NOTICES
between December 1, 2015, and spare wheel, the dealer Electronic Parts meeting on December 7, 2016, from 8:30
Catalogue (EPC) correctly specifies the proper
February 5, 2016: a.m. to 4:00 p.m. (EST) in the
tire part number. Additionally, further
• GL 350 Bluetec 4Matic SUV (155 assistance regarding the correct spare tire can Doubletree Crystal City Hotel, 300 Army
vehicles). be provided by the customer assistance Navy Drive, Arlington, VA 22202.
• GL 450 4Matic SUV (2,482 center. The ITSPAC, established under
vehicles). (d) The presumption that the issue Section 5305 of Public Law 109–59,
• GL 550 4Matic SUV (280 vehicles). described above will have an inconsequential Safe, Accountable, Flexible, Efficient
VerDate Sep<11>2014 17:26 Nov 10, 2016 Jkt 241001 PO 00000 Frm 00149 Fmt 4703 Sfmt 4703 E:\FR\FM\14NON1.SGM 14NON1](https://thefederalregister.org/doc/81_FR_79777/page/2.svg)
Document Created: 2018-10-24 10:46:28
Document Modified: 2018-10-24 10:46:28
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Receipt of petition. | |
| Dates | The closing date for comments on the petition is December 14, 2016. | |
| FR Citation | 81 FR 79558 |
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