82 FR 17515 - Mercedes-Benz USA, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 82, Issue 68 (April 11, 2017)
National Highway Traffic Safety Administration
Federal Register Volume 82, Issue 68 (April 11, 2017)
| Page Range | 17515-17517 | |
| FR Document | 2017-07167 |
[Federal Register Volume 82, Number 68 (Tuesday, April 11, 2017)] [Notices] [Pages 17515-17517] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-07167] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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
![Federal Register / Vol. 82, No. 68 / Tuesday, April 11, 2017 / Notices 17515
United States, certified under 49 U.S.C. Vehicle Brake Systems, 138 Tire m. Passenger air bag status indicator
30115, and of the same model year as Pressure Monitoring Systems, 201 light system, including related display
the model of the motor vehicle to be Occupant Protection in Interior Impact, components and wiring
compared, and is capable of being 202a Head Restraints, 203 Impact n. Wiring harnesses between the
readily altered to conform to all Protection from Steering Control restraint control module, occupant
applicable FMVSS. System, 204 Steering Control Rearward classification system and restraint
Petitions for eligibility decisions may Displacement, 205 Glazing Materials, system components
be submitted by either manufacturers or 206 Door Locks and Door Retention o. Control system computer software
importers who have registered with Components, 207 Seating Systems, 208 and firmware
NHTSA pursuant to 49 CFR part 592. As Occupant Crash Protection, 209 Seat All comments received before the
specified in 49 CFR 593.7, NHTSA Belt Assemblies, 210 Seat Belt Assembly close of business on the closing date
publishes notice in the Federal Register Anchorages, 212 Windshield Mounting, indicated above will be considered, and
of each petition that it receives, and 214 Side Impact Protection, 216 Roof will be available for examination in the
affords interested persons an Crush Resistance, 219 Windshield Zone docket at the above addresses both
opportunity to comment on the petition. Intrusion, 225 Child Restraint before and after that date. To the extent
At the close of the comment period, Anchorage Systems, 301 Fuel System possible, comments filed after the
NHTSA decides, on the basis of the Integrity, 302 Flammability of Interior closing date will also be considered.
petition and any comments that it has Materials. Notice of final action on the petition
received, whether the vehicle is eligible The petitioner also contends that the will be published in the Federal
for importation. The agency then subject non-U.S certified vehicles are Register pursuant to the authority
publishes this decision in the Federal capable of being readily altered to meet indicated below.
Register. the following standards, in the manner
Skytop Rover Co. (Skytop), Inc. of Authority: 49 U.S.C. 30141(a)(1)(A),
indicated: (a)(1)(B), and (b)(1); 49 CFR 593.7; delegation
Philadelphia, Pennsylvania (Registered Standard No. 110 Tire Selection and
Importer R–06–343) has petitioned of authority at 49 CFR 1.95 and 501.8.
Rims: installation of the required tire
NHTSA to decide whether information placard. Jeffrey M. Giuseppe,
nonconforming 2010 Jeep Wrangler The petitioner additionally states that Director, Office of Vehicle Safety Compliance.
MPV’s are eligible for importation into a vehicle identification plate must be [FR Doc. 2017–07163 Filed 4–10–17; 8:45 am]
the United States. The vehicles which affixed to the vehicle near the left BILLING CODE 4910–59–P
Skytop believes are substantially similar windshield pillar to meet the
are MY 2010 Jeep Wrangler MPV’s sold requirements of 49 CFR part 565.
in the United States and certified by Because the subject petition covers DEPARTMENT OF TRANSPORTATION
their manufacturer as conforming to all
nonconforming vehicles that have been
applicable FMVSS. National Highway Traffic Safety
manufactured on or after September 1,
The petitioner claims that it compared Administration
non-U.S. certified MY 2010 Jeep 2006, compliance with the advanced air
Wrangler MPV’s to their U.S.-certified bag requirements of FMVSS No. 208 is
of significant concern to the agency. [Docket No. NHTSA–2016–0143; Notice 1]
counterparts, and found the vehicles to
be substantially similar with respect to NHTSA is therefore particularly
Mercedes-Benz USA, LLC, Receipt of
compliance with most FMVSS. interested in comments regarding the
Petition for Decision of
Skytop submitted information with its ability of a Registered Importer to
Inconsequential Noncompliance
petition intended to demonstrate that readily alter the subject vehicles to fully
non-U.S. certified MY 2010 Jeep meet the driver and front outboard AGENCY: National Highway Traffic
Wrangler MPV’s, as originally passenger frontal crash protection and Safety Administration (NHTSA),
manufactured, conform to many child passenger protection requirements Department of Transportation (DOT).
applicable FMVSS in the same manner of FMVSS No. 208. The following is a ACTION: Receipt of petition.
as their U.S.-certified counterparts, or partial listing of the components that
are capable of being readily altered to may be affected: SUMMARY: Mercedes-Benz USA, LLC
conform to those standards. a. Driver’s frontal air bag module (MBUSA) on behalf of itself and its
Specifically, the petitioner claims that b. Passenger frontal air bag module parent company Daimler AG (DAG), has
the non U.S.-certified MY 2010 Jeep c. Passenger frontal air bag cover determined that certain model year
Wrangler MPV’s, as originally d. Knee air bags (MY) 2016 and 2017 Mercedes-Benz
manufactured, conform to: Standard e. Knee bolsters GLE and GLS-Class motor vehicles do
Nos. 101 Controls and Displays 102 f. Passenger outboard frontal seat belt not fully comply with Federal Motor
Transmission Shift Lever Sequence, system Vehicle Safety Standard (FMVSS) No.
Starter Interlock, and Transmission g. Driver and front outboard seat 110, Tire selection and rims and motor
Braking Effect, 103 Windshield assemblies including seat tracks and home/recreation vehicle trailer load
Defrosting and Defogging Systems, 104 internal seat components carrying capacity information for motor
Windshield Wiping and Washing h. Steering wheel components, vehicles with a GVWR of 4,536
Systems, 106 Brake Hoses, 108 Lamps, including the clock spring assembly, kilograms (10,000 pounds) or Less.
Reflective Devices and Associated the steering column, and all MBUSA filed a noncompliance
Equipment, 111 Rear Visibility, 113 connecting components information report dated December 12,
srobinson on DSK5SPTVN1PROD with NOTICES
Hood Latch System, 114 Theft i. Instrument panel 2016. MBUSA also petitioned NHTSA
Protection and Rollaway Prevention, j. Instrument panel support structure on December 22, 2016, for a decision
116 Motor Vehicle Brake Fluids, 118 (i.e., cross beam) that the subject noncompliance is
Power-Operated Window, Partition, and k. Occupant sensing and classification inconsequential as it relates to motor
Roof Panel System, 124 Accelerator systems, including sensors and vehicle safety.
Control Systems, 126 Electronic processors DATES: The closing date for comments
Stability Control Systems, 135 Light l. Restraint control modules on the petition is May 11, 2017.
VerDate Sep<11>2014 20:18 Apr 10, 2017 Jkt 241001 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 E:\FR\FM\11APN1.SGM 11APN1](https://thefederalregister.org/doc/82_FR_17583/page/1.svg)
![Federal Register / Vol. 82, No. 68 / Tuesday, April 11, 2017 / Notices 17517
exempt manufacturers only from the Background other evidence that NHTSA decides to
duties found in sections 30118 and Under 49 U.S.C 30141(a)(1)(B), a be adequate as set forth in 49 U.S.C.
30120, respectively, to notify owners, motor vehicle that was not originally 30141(a)(1)(B). Nevertheless, the
purchasers, and dealers of a defect or manufactured to conform to all petitioner contends that the non-U.S.
noncompliance and to remedy the applicable FMVSS shall be refused certified MY 1997 Ferrari F50 PCs use
defect or noncompliance. Therefore, any admission into the United States unless the same components as the U.S.-
decision on this petition only applies to NHTSA has decided its safety features certified MY 1995 Ferrari F50 PCs in
the subject vehicles that MBUSA no comply with, or are capable of being virtually all of the systems subject to
longer controlled at the time it applicable FMVSS.
altered to comply with, all applicable
determined that the noncompliance NHTSA has reviewed the petition and
FMVSS based on destructive test data or
existed. However, any decision on this has concluded that the nonconforming
such other evidence that NHTSA versions of the MY 1996 and 1997
petition does not relieve vehicle decides to be adequate.
distributors and dealers of the Ferrari F50 PCs are similar to the U.S.-
Petitions for eligibility decisions may
prohibitions on the sale, offer for sale, certified versions of the MY 1995 Ferrari
be submitted by either manufacturers or F50 PCs and are capable of being readily
or introduction or delivery for importers who have registered with
introduction into interstate commerce of altered to comply with all applicable
NHTSA pursuant to 49 CFR part 592. As FMVSS with respect to all FMVSS
the noncompliant vehicles under their specified in 49 CFR 593.7, NHTSA
control after MBUSA notified them that applicable prior to September 1, 1997.
publishes notice in the Federal Register NHTSA has limited this decision to
the subject noncompliance existed. of each petition that it receives, and vehicles manufactured prior to
Authority: (49 U.S.C. 30118, 30120: affords interested persons an September 1, 1997, because the U.S.-
Delegations of authority at 49 CFR 1.95 and opportunity to comment on the petition. certified MY 1995 Ferrari F50 PCs that
501.8) At the close of the comment period, are the basis for this decision were not
Jeffrey M. Giuseppe, NHTSA decides, on the basis of the required to conform to the air bag
Director, Office of Vehicle Safety Compliance. petition and any comments that it has system requirements of FMVSS No. 208
received, whether the vehicle is eligible Occupant Crash Protection and the
[FR Doc. 2017–07167 Filed 4–10–17; 8:45 am]
for importation. The agency then petitioner made no representation as to
BILLING CODE 4910–59–P
publishes this decision in the Federal compliance with air bag system
Register. requirements of FMVSS No. 208 for the
DEPARTMENT OF TRANSPORTATION J. K. Technologies, LLC (J.K.), Inc. of subject vehicles.
Baltimore, Maryland (Registered NHTSA has long taken the position
National Highway Traffic Safety Importer R–90–006) petitioned NHTSA that RIs are not subject to the
Administration to decide whether nonconforming 1996 requirements of standards that are being
and 1997 Ferrari F50 PC’s are eligible phased in, but must comply with those
for importation into the United States. requirements once they apply to 100
[Docket No. NHTSA–2015–0094, Notice 2]
NHTSA published a notice of the percent of a manufacturer’s production.
Decision That Certain Nonconforming petition on October 16, 2016 (81 FR The requirement for air bags to be
Model Year 1996 and 1997 Ferrari F50 72852) to afford an opportunity for installed at the driver’s and front
Passenger Cars Are Eligible for public comment. No comments were outboard passenger’s seating position
Importation received in response to this notice. The applies to 100 percent of passenger cars
reader is referred to the notice for a manufactured on or after September 1,
AGENCY: National Highway Traffic thorough description of the petition. 1997. As a consequence, an RI can meet
Safety Administration (NHTSA), the automatic protection requirements
Department of Transportation (DOT). NHTSA Conclusions
of the standard by installing conforming
ACTION: Grant of petition. In its petition, J.K. noted that the automatic seat belts in passenger cars
original manufacturer, Ferrari, S.p.A., manufactured prior to that date.
SUMMARY: This document announces a certified the MY 1995 F50 PCs to all Therefore, J.K. or another RI could meet
decision by the National Highway applicable FMVSS and offered those the standard by installing automatic seat
Traffic Safety Administration that vehicles for sale in the United States. belts in 1996 and 1997 Ferrari F50
certain model year (MY) 1996 and 1997 J.K. also contends that the non-U.S passenger cars manufactured prior to
Ferrari F50 passenger cars (PC) certified MY 1996 and 1997 Ferrari F50 September 1, 1997. Vehicles
manufactured prior to September 1, PCs share the same platform with the manufactured on or after that date
1997 that were not originally U.S.-certified MY 1995 Ferrari F50 PC, would require the installation of U.S.-
manufactured to comply with all and on that basis compares the non-U.S. model air bag systems to meet the
applicable Federal motor vehicle safety certified model to those vehicles to standard. The agency further notes that
standards (FMVSS) are eligible for establish its conformity with many conformity packages submitted for
importation into the United States applicable FMVSS. Because there is no vehicles imported under this decision
because those vehicles have safety U.S.-certified counterpart for the MY must demonstrate that the vehicle is
features that comply with, or are 1997 Ferrari F50 PC, the petitioner equipped with components that allow it
capable of being altered to comply with, acknowledged that it could not base its to achieve compliance with the
all applicable FMVSS. petition solely on the substantial standard. Any modification or
similarity of those vehicles to the U.S.- replacement of components necessary to
srobinson on DSK5SPTVN1PROD with NOTICES
DATES: This decision became effective
on March 21, 2017. certified MY 1995 Ferrari F50 PC. meet the requirements of the standard
Instead, the petitioner chose to establish must be shown to bring the vehicle into
ADDRESSES: For further information, import eligibility on the basis that the compliance. Such proof must be
contact George Stevens, Office of vehicles have safety features that submitted by an RI as part of any
Vehicle Safety Compliance, NHTSA comply with, or are capable of being conformity package submitted for
(202–366–5308). modified to comply with, the FMVSS nonconforming 1996 and 1997 Ferrari
SUPPLEMENTARY INFORMATION: based on destructive test data or such F50 passenger cars.
VerDate Sep<11>2014 20:18 Apr 10, 2017 Jkt 241001 PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 E:\FR\FM\11APN1.SGM 11APN1](https://thefederalregister.org/doc/82_FR_17583/page/3.svg)
Document Created: 2017-04-11 00:48:46
Document Modified: 2017-04-11 00:48:46
| 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 May 11, 2017. | |
| FR Citation | 82 FR 17515 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR