81 FR 92964 - 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 244 (December 20, 2016)
National Highway Traffic Safety Administration
Federal Register Volume 81, Issue 244 (December 20, 2016)
| Page Range | 92964-92966 | |
| FR Document | 2016-30579 |
[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)] [Notices] [Pages 92964-92966] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-30579] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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: ---------------------------------------------------------------------------------------------------------------- Maximum vehicle load (per tire) Tire dimension Maximum tire ------------------------------- load (lbs) CLS 400 4MATIC CLS 400 (lbs) (lbs) ---------------------------------------------------------------------------------------------------------------- 18'' front...................................................... 1708 1243 1289 18'' rear....................................................... 1609 1256 1278 19'' front...................................................... 1565 1243 1289 19'' rear....................................................... 1653 1256 1278 ---------------------------------------------------------------------------------------------------------------- [[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] BILLING CODE 4910-59-P
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that the 2.44 mm height is preserved motor vehicle safety. Specifically, the inconsequentiality allow NHTSA to
across the width of the word. lettering height for the park brake exempt manufacturers only from the
(b) In addition to the park brake applied indicator ‘‘Park’’ at 2.44 mm duties found in sections 30118 and
applied telltale required by FMVSS No. versus the FMVSS No. 135 requirement 30120, respectively, to notify owners,
135, all of the affected vehicles also of 3.2 mm poses little if any risk to purchasers, and dealers of a defect or
have a driver information center (DIC) motor vehicle safety. This decision is noncompliance and to remedy the
message ‘‘Park Brake Set’’ that based on the following: defect or noncompliance. Therefore, this
illuminates when the parking brake is 1. The subject vehicles appear to meet decision only applies to the subject
applied. The lettering height of this DIC all of the other parking brake indicator vehicles that GM no longer controlled at
message is 3.24 mm, greater than the 3.2 labeling requirements as specified in the time it determined that the
mm minimum specified for visual S5.5.5 of FMVSS No. 135. If a separate noncompliance existed. However, the
indicators in FMVSS No. 135. The DIC indicator is provided for application of granting of this petition does not relieve
message is also substantially wider than the parking brake, the single word vehicle distributors and dealers of the
the typical width of the telltale required ‘‘Park’’ or the words ‘‘Parking Brake’’ prohibitions on the sale, offer for sale,
by the standard. The redundant telltale may be used. GM has opted to comply or introduction or delivery for
and the DIC message, assure ample with this section by use of the single introduction into interstate commerce of
communication to the driver that the word ‘‘PARK’’ and has capitalized all the noncompliant vehicles under their
parking brake is applied. four letters of the word providing a control after GM notified them that the
(c) The operation and performance of more pronounced indicator. The subject noncompliance existed.
the park brake itself is unaffected by this indicator used is legible to the driver
Authority (49 U.S.C. 30118, 30120:
telltale condition. The park brake under all daytime and nighttime
Delegations of authority at 49 CFR 1.95 and
complies with all applicable conditions when activated. The 501.8)
requirements of FMVSS No. 135. indicator is conspicuously located in
(d) The NHTSA has previously the top left-of-center position on the Jeffrey M. Giuseppe,
granted inconsequential treatment for instrument panel which is in front of Director, Office of Vehicle Safety Compliance.
labeling issues across various motor and in clear view of the driver. The [FR Doc. 2016–30578 Filed 12–19–16; 8:45 am]
vehicle safety standards, including for ‘‘Park’’ indicator is red in color when BILLING CODE 4910–59–P
discrepancies involving lettering height, illuminated and has a black contrasting
missing information, incorrect background. All of these required
information, and misplaced or obscured features help ensure that the indicator DEPARTMENT OF TRANSPORTATION
information. For example, two can be seen and recognized by the
comparable petitions for driver when illuminated. National Highway Traffic Safety
inconsequential treatment involving 2. The affected vehicles are equipped Administration
brake telltale lettering height were with a driver information center which
granted to Kia and Hyundai (reference is located in the instrument cluster and [Docket No. NHTSA–2016–0109; Notice 1]
Docket numbers ‘‘NHTSA–2004– adjacent to the speedometer, in direct
17439’’, Notice 2 and ‘‘NHTSA–2004– view of the driver. When the parking Mercedes-Benz USA, LLC, Receipt of
17439’’ (sic), Notice 2, published in the brake is applied, the FMVSS No. 135 Petition for Decision of
Federal Register on July 8, 2004, and required ‘‘PARK’’ indicator is Inconsequential Noncompliance
July 9, 2004, respectively). The Kia illuminated. Simultaneously, in AGENCY: National Highway Traffic
petition cited multiple previous addition to the ‘‘PARK’’ indicator, the Safety Administration (NHTSA),
petitions for inconsequential treatment information center provides a message Department of Transportation (DOT).
for brake telltale noncompliance granted that the parking brake is activated with
the wording ‘‘Park Brake Set.’’ GM ACTION: Receipt of petition.
by NHTSA, and we ask to incorporate
them here by reference. stated that the height of this message is SUMMARY: Mercedes-Benz USA, LLC
(e) After searching VOQ, TREAD and 3.24 mm and is substantially wider than (MBUSA), has determined that certain
internal GM databases, GM is not aware the typical width of the required model year (MY) 2015–2016 Mercedes-
of any crashes, injuries, or customer indicators. Illumination of both the Benz CLS-Class motor vehicles do not
complaints associated with this ‘‘PARK’’ indicator combined with the fully comply with Federal Motor
condition. information center statement ‘‘Park Vehicle Safety Standard (FMVSS) No.
(f) GM has corrected this condition in Brake Set’’ provides ample 110, Tire Selection and Rims and Motor
production. All vehicles produced after communication to the driver that the Home/Recreation Vehicle Trailer Load
June 13, 2016, comply with the telltale parking brake has been applied. Carrying Capacity Information for Motor
lettering height specified in FMVSS No. NHTSA’S Decision: In consideration
Vehicles with a GVWR of 4,536
135. of the foregoing, NHTSA decided that
kilograms (10,000 pounds) or Less.
GM concluded by expressing the GM has met its burden of persuasion
MBUSA filed a Safety Recall Report
belief that the subject noncompliance is that the FMVSS No. 135 noncompliance
dated September 12, 2016. MBUSA also
inconsequential as it relates to motor in the affected vehicles is
petitioned NHTSA on October 4, 2016,
vehicle safety, and that its petition to be inconsequential to motor vehicle safety.
for a decision that the subject
exempted from providing notification of Accordingly, GM’s petition is hereby
noncompliance is inconsequential as it
the noncompliance, as required by 49 granted and GM is consequently
relates to motor vehicle safety.
exempted from the obligation of
mstockstill on DSK3G9T082PROD with NOTICES
U.S.C. 30118, and a remedy for the
providing notification of, and a free DATES: The closing date for comments
noncompliance, as required by 49
U.S.C. 30120, should be granted. remedy for, that noncompliance under on the petition is January 19, 2017.
49 U.S.C. 30118 and 30120. ADDRESSES: Interested persons are
NHTSA’S Decision NHTSA notes that the statutory invited to submit written data, views,
NHTSA’s Analysis: NHTSA has provisions (49 U.S.C. 30118(d) and and arguments on this petition.
reviewed GM’s analysis that the subject 30120(h)) that permit manufacturers to Comments must refer to the docket and
noncompliance is inconsequential to file petitions for a determination of notice number cited in the title of this
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![92966 Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices
(b) Should the driver follow the distributors and dealers of the www.regulations.gov, including any
values displayed on the tire label, motor prohibitions on the sale, offer for sale, personal information provided.
vehicle safety is not negatively or introduction or delivery for FOR FURTHER INFORMATION CONTACT:
impacted. The vehicle platform introduction into interstate commerce of Amy Coyle, Senior Attorney Advisor,
(including chassis and axles) serves the noncompliant vehicles under their U.S. Department of Transportation,
other CLS vehicle lines and is designed control after MBUSA notified them that Office of the General Counsel, 1200 New
for vehicles with a higher gross vehicle the subject noncompliance existed. Jersey Avenue SE., Washington, DC
weight rating (‘‘GVWR’’). The platform Authority: (49 U.S.C. 30118, 30120: 20590, 202–366–0691, amy.coyle@
therefore can handle the potential delegations of authority at 49 CFR 1.95 and dot.gov; or Camille Mittelholtz,
additional weight. 501.8) Environmental Policies Team Leader,
(c) Subject vehicles are equipped with U.S. Department of Transportation,
the B-pillar certification information Jeffrey M. Giuseppe,
Office of the Assistant Secretary for
label in accordance with 49 CFR part Director, Office of Vehicle Safety Compliance. Transportation Policy, 1200 New Jersey
567 indicating a GVWR of 2260 [FR Doc. 2016–30579 Filed 12–19–16; 8:45 am] Avenue SE., Washington, DC 20590,
kilograms (4982 pounds) for vehicle BILLING CODE 4910–59–P 202–366–4861, camille.mittelholtz@
type 218.365, the CLS 400, and a GVWR dot.gov.
of 2330 kg (5137 pounds) for vehicle
SUPPLEMENTARY INFORMATION:
type 218.367, the CLS 400 4MATIC. The DEPARTMENT OF TRANSPORTATION
information detailed on the B-pillar I. Introduction
certification information label is correct. Office of the Secretary
The U.S. Department of
Therefore, the driver can refer to this [No. DOT–OST–2016–0239] Transportation (Department or DOT) is
alternative source of information in proposing to update its National
order to determine the correct maximum Update to U.S. Department of Environmental Policy Act (NEPA)
load weight of the vehicle. Transportation’s NEPA Implementing implementing procedures. The
(d) After identifying the potentially Procedures Department last updated its current
incorrect values in the tire label, procedures, DOT Order 5610.1C,
Daimler AG (DAG) analyzed potential AGENCY: Office of the Secretary, DOT.
ACTION: Notice of availability and Procedures for Considering
technical implications, specifically with Environmental Impacts, in 1985
respect to the requirements of FMVSS request for comment.
(5610.1C).1 The proposed Order, DOT
No. 110, including potential effects on Order 5610.1D, Procedures for
SUMMARY: The United States Department
axles, suspension, brakes, driving
of Transportation (Department) is Considering Environmental Impacts
dynamic, and crashworthiness. Based
issuing a proposed update to its (updated NEPA Order) seeks to achieve
on this analysis, an impact on steering,
National Environmental Policy Act the following objectives: (1) Ensure a
braking or other vehicle dynamics as a
(NEPA) implementing procedures, DOT full and fair NEPA process that includes
result of the tire label weight
Order 5610.1D, Procedures for meaningful public involvement
discrepancy can be excluded.
(e) Moreover, MBUSA is not aware of Considering Environmental Impacts. throughout, and the balanced
any customer complaints, accidents or Consistent with the Council on consideration of a reasonable range of
injuries alleged to have occurred as a Environmental Quality’s regulations alternatives and their impacts on the
result of this non-compliance. Hence, implementing NEPA, the Department is human environment; (2) improve
field data supports the assertion that the proposing this update and seeking efficiency and expedite project delivery;
issue described above will have an public review and comment on the (3) provide good customer service to
inconsequential impact on safety. proposals. stakeholders through consistent
MBUSA concluded by expressing the DATES: Submit comments on or before implementation of NEPA across the
belief that the subject noncompliance is January 10, 2017. Department; (4) provide the requisite
inconsequential as it relates to motor flexibility for the Department’s
ADDRESSES: To ensure you do not
vehicle safety, and that its petition to be Operating Administrations (OAs) to
duplicate your docket submissions,
exempted from providing notification of apply their NEPA implementing
please submit them by only one of the
the noncompliance, as required by 49 procedures to their specific programs;
following means:
U.S.C. 30118, and a remedy for the Federal eRulemaking Portal: Go to and (5) balance the needs of all OAs,
noncompliance, as required by 49 http://www.regulations.gov and follow from those with well-established NEPA
U.S.C. 30120, should be granted. the online instructions for submitting programs to those seeking more
NHTSA notes that the statutory comments. guidance.
provisions (49 U.S.C. 30118(d) and Mail: Docket Management Facility, Additionally, the updated NEPA
30120(h)) that permit manufacturers to U.S. Department of Transportation, 1200 Order addresses relevant project
file petitions for a determination of New Jersey Ave. SE., West Building delivery provisions of the Fixing
inconsequentiality allow NHTSA to Ground Floor, Room W12–140, America’s Surface Transportation Act
exempt manufacturers only from the Washington, DC 20590–0001. (FAST Act) that apply Department-
duties found in sections 30118 and Hand Delivery: West Building Ground wide, including the following:
30120, respectively, to notify owners, Floor, Room W12–140, 1200 New Jersey D Section 1301 directs the Secretary
purchasers, and dealers of a defect or Ave. SE., between 9 a.m. and 5 p.m., to align, to the maximum extent
noncompliance and to remedy the Monday through Friday, except Federal practicable, the requirements of Section
mstockstill on DSK3G9T082PROD with NOTICES
defect or noncompliance. Therefore, any holidays. The telephone number is (202) 4(f) (23 U.S.C. 138/49 U.S.C. 303),
decision on this petition only applies to 366–9329. Section 106 of the Historic Preservation
the subject vehicles that MBUSA no Instructions: You must include the Act (54 U.S.C. 306108), and NEPA.
longer controlled at the time it agency name and docket number at the 1 44 FR 56420, Oct. 1, 1979, available at https://
determined that the noncompliance beginning of your comments. All www.transportation.gov/office-policy/
existed. However, any decision on this comments received will be posted transportation-policy/procedures-considering-
petition does not relieve vehicle without change to http:// environmental-impacts-dot-order-56101c.
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Document Created: 2018-02-14 09:10:00
Document Modified: 2018-02-14 09:10:00
| 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 January 19, 2017. | |
| FR Citation | 81 FR 92964 |
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