82_FR_33685 82 FR 33547 - Mercedes-Benz USA, LLC, Grant of Petition for Decision of Inconsequential Noncompliance

82 FR 33547 - Mercedes-Benz USA, LLC, Grant of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 82, Issue 138 (July 20, 2017)

Page Range33547-33549
FR Document2017-15255

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.

Federal Register, Volume 82 Issue 138 (Thursday, July 20, 2017)
[Federal Register Volume 82, Number 138 (Thursday, July 20, 2017)]
[Notices]
[Pages 33547-33549]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15255]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0109; Notice 2]


Mercedes-Benz USA, LLC, Grant of Petition for Decision of 
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Grant 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.

ADDRESSES: For further information on this decision contact Kerrin 
Bressant, Office of Vehicle Safety Compliance, the National Highway 
Traffic Safety Administration (NHTSA), telephone (202) 366-1110, 
facsimile (202) 366-5930.

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.
    Notice of receipt of the petition was published, with a 30-day 
public comment period on December 20, 2016,

[[Page 33548]]

in the Federal Register (81 FR 92964). No comments were received. To 
view the petition and all supporting documents log onto the Federal 
Docket Management System (FDMS) Web page at: http://www.regulations.gov/. Then follow the online search instruction to 
locate docket number ``NHTSA-2016-0109.''

II. Vehicles Involved

    Approximately 6,773 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 
and loading information placard that identifies a maximum combined 
weight of 420 kilograms (926 pounds) and the Mercedes CLS 400 4MATIC 
was manufactured with a tire and loading 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 and loading 
information placard. Further, the tire pressure detailed on the placard 
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
----------------------------------------------------------------------------------------------------------------

    (b) Should the driver follow the maximum combined weight of 
occupants and cargo displayed on the tire and information placard, 
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 GVWR 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'S Decision

    NHTSA's Analysis: FMVSS No. 110 specifies requirements for tire 
selection to prevent tire overload. The intent of the standard is to 
ensure that vehicles are equipped with tires appropriate to handle the 
vehicle manufacturer's designed maximum vehicle weight.
    The maximum weight of a vehicle is determined by adding to the 
vehicle the manufacturer specified maximum weight of occupants and 
cargo. FMVSS No. 110, paragraph 4.3(a) requires that vehicles be 
labeled with a ``Vehicle Capacity Weight (VCW)'' value which is the 
specified maximum occupant and cargo weight that can be loaded into a 
vehicle. This value is equal to 68 kgs times the vehicle's designated 
seating capacity plus the rated cargo/payload of the vehicle. FMVSS No. 
110, (S4.2.1.1 and S4.3.4(b)), requires that the vehicle maximum load 
on the tire shall not be greater than the applicable maximum load 
rating as marked on the sidewall of the tire or greater than the load 
rating of the tire at the manufacturer specified cold inflation 
pressure listed on the tire and loading information placard.
    For the subject vehicles, MBUSA noted that the VCW values on the 
placards are incorrect. The tire and information placard on the CLS 400 
model vehicle specifies a 420 kg VCW which should have been 315 kg, an

[[Page 33549]]

increase of 105 kg. The label on the CLS 400 4MATIC model vehicle 
specifies a 355 kg VCW which should have been 325 kg, an increase of 30 
kg. These errors could cause a consumer to load the subject vehicles 
beyond their original design specifications.
    In its' petition, MBUSA provided an analysis indicating the mounted 
tires on the subject vehicles are sufficient for carrying the maximum 
vehicle loads derived from the higher, incorrect, VCW values. For the 
CLS 400 vehicles the analysis indicates the tire load carrying 
capabilities exceed the maximum tire load by at least 147 kg (710 kg 
tire load rating minus 563 kg maximum tire load). For the CLS 400 
4MATIC vehicles the analysis indicates the tire load carrying 
capabilities exceed the maximum tire load by at least 125 kg (709 kg 
tire load rating minus 584 kg maximum tire load). NHTSA verified the 
tire load ratings specified by MBUSA in accordance with the European 
Tyre and Rim Technical Organisation (ETRTO) manual. As shown by MBUSA, 
the tire capacities are more than adequate to handle the additional 
weight of the higher VCW values. MBUSA's analysis shows that the tires 
mounted on the subject vehicles exceed the load requirements of FMVSS 
No. 110.
    MBUSA also mentioned that the certification labels affixed to the 
subject vehicles provide the vehicle's gross axle weight ratings 
(GAWRs) and the gross vehicle weight rating (GVWR)in accordance with 49 
CFR 567, Certification. MBUSA stated that the GAWRs and GVWR values 
provided on the subject vehicles are correct as labeled. These ratings 
are established by the vehicle manufacturer and provided as an 
alternative source of information consumers can use to ensure a vehicle 
and its' axles are not overloaded. Vehicle manufacturers specify that 
these ratings should not be exceeded when loading any vehicle. The 
agency reviewed the maximum loads on the axles and vehicles, using the 
higher labeled VCW values, against the certified GAWRs and GVWR of the 
subject vehicles. For the CLS 400 4MATIC vehicles, maximum loads were 
well below the GAWR and GVWR values. For the CLS 400 vehicles, the 
maximum loads are essentially at the certified GAWRs and GVWR values. 
MBUSA also stated in its petition that the platform (chassis and axles) 
utilized on the subject vehicles is used with other CLS vehicle lines 
and is designed for vehicles with higher GVWRs. It appears from this 
analysis the subject vehicles can safely accommodate the higher VCW 
loads without overload concerns.
    No comments were received during the receipt notice comment period.
    NHTSA Decision: In consideration of the foregoing, NHTSA finds that 
MBUSA has met its burden of persuasion that the FMVSS No. 110 
noncompliance is inconsequential as it relates to motor vehicle safety. 
Accordingly, MBUSA's petition is hereby granted and MBUSA is exempted 
from the obligation to provide notification of, and a remedy for, that 
noncompliance under 49 U.S.C. 30118 and 30120.
    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, this decision 
only applies to the subject vehicles that MBUSA no longer controlled at 
the time it determined that the noncompliance existed. However, the 
granting of 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. 2017-15255 Filed 7-19-17; 8:45 am]
 BILLING CODE 4910-59-P



                                                                                   Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Notices                                           33547

                                                    Responsibility and Reports. MTI also                     certification label as required by 49 CFR             DEPARTMENT OF TRANSPORTATION
                                                    petitioned NHTSA on February 28,                         567. The information printed on the
                                                    2017, pursuant to 49 U.S.C. 30118(d)                     label is the correct size, a 22.5″ tire and           National Highway Traffic Safety
                                                    and 30120(h) and 49 CFR part 556, and                    reflects the tires that were installed                Administration
                                                    revised its petition on April 29, 2017, to               when manufactured. The certification                  [Docket No. NHTSA–2016–0109; Notice 2]
                                                    obtain an exemption from the                             label is located inside the driver’s door
                                                    notification and remedy requirements of                  and can be easily accessed by the tire                Mercedes-Benz USA, LLC, Grant of
                                                    49 U.S.C. Chapter 301 on the basis that                  installer.                                            Petition for Decision of
                                                    this noncompliance is inconsequential                                                                          Inconsequential Noncompliance
                                                    as it relates to motor vehicle safety.                      MTI concluded by expressing the
                                                      This notice of receipt of MTI’s                        belief that the subject noncompliance is              AGENCY: National Highway Traffic
                                                    petition is published under 49 U.S.C.                    inconsequential as it relates to motor                Safety Administration (NHTSA),
                                                    30118 and 30120 and does not represent                   vehicle safety, and that its petition to be           Department of Transportation (DOT).
                                                    any agency decision or other exercise of                 exempted from providing notification of               ACTION: Grant of petition.
                                                    judgment concerning the merits of the                    the noncompliance, as required by 49
                                                    petition.                                                U.S.C. 30118, and a remedy for the                    SUMMARY:   Mercedes-Benz USA, LLC
                                                      II. Vehicles Involved: Approximately                   noncompliance, as required by 49                      (MBUSA), has determined that certain
                                                    226 MY 2017 Mack Pinnacle, Granite,                      U.S.C. 30120, should be granted.                      model year (MY) 2015–2016 Mercedes-
                                                    TerraPro and LR heavy duty trucks,                                                                             Benz CLS-Class motor vehicles do not
                                                    manufactured between August 15, 2016,                       To view MTI’s petition analyses in its
                                                                                                                                                                   fully comply with Federal Motor
                                                    and December 12, 2016, are potentially                   entirety you can visit https://                       Vehicle Safety Standard (FMVSS) No.
                                                    involved.                                                www.regulations.gov by following the                  110, Tire Selection and Rims and Motor
                                                      III. Noncompliance: MTI explains that                  online instructions for accessing the                 Home/Recreation Vehicle Trailer Load
                                                    the noncompliance is that the wheels on                  dockets and by using the docket ID                    Carrying Capacity Information for Motor
                                                    the subject vehicles incorrectly identify                number for this petition shown in the                 Vehicles with a GVWR of 4,536
                                                    the rim size as 24.5″ x 8.25″ instead of                 heading of this notice.                               kilograms (10,000 pounds) or Less.
                                                    22.5″ x 8.25″, and therefore do not meet                    NHTSA notes that the statutory                     MBUSA filed a Safety Recall Report
                                                    the requirements of paragraph S5.2(b) of                 provisions (49 U.S.C. 30118(d) and                    dated September 12, 2016. MBUSA also
                                                    FMVSS No. 120. Specifically, the                         30120(h)) that permit manufacturers to                petitioned NHTSA on October 4, 2016,
                                                    marking error overstates the wheel                       file petitions for a determination of                 for a decision that the subject
                                                    diameter by 2″.                                                                                                noncompliance is inconsequential as it
                                                      IV. Rule Text: Paragraph S5.2 of                       inconsequentiality allow NHTSA to
                                                                                                             exempt manufacturers only from the                    relates to motor vehicle safety.
                                                    FMVSS No. 120 states:
                                                                                                             duties found in sections 30118 and                    ADDRESSES: For further information on
                                                      S5.2 Rim marking. Each rim or, at the                                                                        this decision contact Kerrin Bressant,
                                                                                                             30120, respectively, to notify owners,
                                                    option of the manufacturer in the case of a                                                                    Office of Vehicle Safety Compliance, the
                                                    single-piece wheel, wheel disc shall be                  purchasers, and dealers of a defect or
                                                    marked with the information listed in                    noncompliance and to remedy the                       National Highway Traffic Safety
                                                    paragraphs (a) through (e) of this paragraph,            defect or noncompliance. Therefore, any               Administration (NHTSA), telephone
                                                    in lettering not less than 3 millimeters high,           decision on this petition only applies to             (202) 366–1110, facsimile (202) 366–
                                                    impressed to a depth or, at the option of the            the subject vehicles that MTI no longer               5930.
                                                    manufacturer, embossed to a height of not
                                                                                                             controlled at the time it determined that             SUPPLEMENTARY INFORMATION:
                                                    less than 0.125 millimeters. . .
                                                      (b) The rim size designation, and in case              the noncompliance existed. However,                   I. Overview
                                                    of multipiece rims, the rim type designation.            any decision on this petition does not
                                                    For example: 20 x 5.50, or 20 x 5.5.                     relieve vehicle distributors and dealers                Mercedes-Benz USA, LLC (MBUSA),
                                                                                                             of the prohibitions on the sale, offer for            has determined that certain model year
                                                      V. Summary of MTI’s Petition: MTI
                                                                                                             sale, or introduction or delivery for                 (MY) 2015–2016 Mercedes-Benz CLS-
                                                    described the subject noncompliance
                                                                                                             introduction into interstate commerce of              Class motor vehicles do not fully
                                                    and stated its belief that the
                                                    noncompliance is inconsequential as it                   the noncompliant vehicles under their                 comply with paragraph S4.3(a) of
                                                    relates to motor vehicle safety.                                                                               Federal Motor Vehicle Safety Standard
                                                                                                             control after MTI notified them that the
                                                      In support of its petition, MTI                                                                              (FMVSS) No. 110, Tire Selection and
                                                                                                             subject noncompliance existed.
                                                    referenced a letter to NHTSA, dated                                                                            Rims and Motor Home/Recreation
                                                                                                               Authority: 49 U.S.C. 30118, 30120:                  Vehicle Trailer Load Carrying Capacity
                                                    December 5, 2016, from Arconic Wheel
                                                                                                             delegations of authority at 49 CFR 1.95 and           Information for Motor Vehicles with a
                                                    and Transportation Products (Arconic),
                                                                                                             501.8.                                                GVWR of 4,536 kilograms (10,000
                                                    which is the rim manufacturer, and
                                                    provided the following:                                  Jeffrey M. Giuseppe,
                                                                                                                                                                   pounds) or Less. MBUSA filed a report
                                                      1. A 24.5″ tire will not seat on the rim;                                                                    dated September 12, 2016, pursuant to
                                                                                                             Director, Office of Vehicle Safety Compliance.
                                                    therefore, if someone tries to mount a                                                                         49 CFR part 573, Defect and
                                                                                                             [FR Doc. 2017–15254 Filed 7–19–17; 8:45 am]           Noncompliance Responsibility and
                                                    24.5″ tire to the rim, it will not hold air
                                                    and therefore cannot be inflated.                        BILLING CODE 4910–59–P                                Reports. MBUSA also petitioned
                                                      2. When tires are replaced, the                                                                              NHTSA on October 4, 2016, pursuant to
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    technician will select the tire based on                                                                       49 U.S.C. 30118(d) and 30120(h) and 49
                                                    the size and rating of the tire being                                                                          CFR part 556, for an exemption from the
                                                    replaced. When Mack manufactured the                                                                           notification and remedy requirements of
                                                    vehicle, the tire used was a 22.5″ (i.e.,                                                                      49 U.S.C. Chapter 301 on the basis that
                                                    the correct size for the rim). Therefore,                                                                      this noncompliance is inconsequential
                                                    the tires installed by Mack have the                                                                           as it relates to motor vehicle safety.
                                                    correct size on the sidewall of the tire.                                                                        Notice of receipt of the petition was
                                                      3. Mack is required to list the tires                                                                        published, with a 30-day public
                                                    size and inflation pressures on the                                                                            comment period on December 20, 2016,


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                                                    33548                                     Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Notices

                                                    in the Federal Register (81 FR 92964).                                       Mercedes CLS 400 was manufactured                                         on a placard permanently affixed to the
                                                    No comments were received. To view                                           with a tire and loading information                                       driver’s side B-pillar. . . .
                                                    the petition and all supporting                                              placard that identifies a maximum                                            (a) Vehicle capacity weight expressed as
                                                    documents log onto the Federal Docket                                                                                                                  ‘‘The combined weight of occupants and
                                                                                                                                 combined weight of 420 kilograms (926
                                                                                                                                                                                                           cargo should never exceed XXX kilograms or
                                                    Management System (FDMS) Web page                                            pounds) and the Mercedes CLS 400                                          XXX pounds
                                                    at: http://www.regulations.gov/. Then                                        4MATIC was manufactured with a tire
                                                    follow the online search instruction to                                      and loading information placard that                                      V. Summary of MBUSA’s Petition
                                                    locate docket number ‘‘NHTSA–2016–                                           identifies a maximum combined weight                                        MBUSA described the subject
                                                    0109.’’                                                                      of 355 kilograms (783 pounds).                                            noncompliance and stated its belief that
                                                    II. Vehicles Involved                                                        However, the maximum combined                                             the noncompliance is inconsequential
                                                                                                                                 weight of occupants and cargo should                                      as it relates to motor vehicle safety.
                                                       Approximately 6,773 MY 2015–2016                                          be 315 kilograms (694 pounds) for the
                                                    Mercedes-Benz CLS 400 and Mercedes-                                                                                                                      In support of its petition, MBUSA
                                                                                                                                 Mercedes CLS 400 and 325 kg (717                                          submitted the following reasoning:
                                                    Benz CLS 400 4MATIC motor vehicles                                           pounds) for the CLS 400 4MATIC.
                                                    manufactured between May 23, 2014                                                                                                                        (a) The tires originally equipped on
                                                                                                                                 Therefore, the vehicles do not comply                                     the subject vehicles are able to carry the
                                                    and April 21, 2016, are potentially                                          with paragraph S4.3 of FMVSS No. 110.
                                                    involved.                                                                                                                                              additional weight indicated on the tire
                                                                                                                                 IV. Rule Text                                                             and loading information placard.
                                                    III. Noncompliance                                                                                                                                     Further, the tire pressure detailed on the
                                                       MBUSA explains that the                                                     Paragraph S4.3 of FMVSS No. 110                                         placard is sufficient to carry those
                                                    noncompliance is that the subject                                            states:                                                                   weights. The maximum tire and vehicle
                                                    vehicles have tire and loading                                                  S4.3 Placard. Each vehicle, except for a                               load information detailed in the table
                                                    information placards affixed to their B-                                     trailer or incomplete vehicle, shall show the                             below demonstrates that the tire is
                                                    pillars that incorrectly identify the                                        information specified in S4.3 (a) through (g),                            designed to carry a higher load than that
                                                    maximum combined weight of                                                   and may show, at the manufacturer’s option,                               which was incorrectly set out on the tire
                                                    occupants and cargo. Specifically, the                                       the information specified in S4.3 (h) and (i),                            label:

                                                                                                                                                                                                                            Maximum vehicle load
                                                                                                                                                                                                                                 (per tire)
                                                                                                                                                                                                          Maximum tire
                                                                                                                 Tire dimension                                                                               load                         CLS 400
                                                                                                                                                                                                              (lbs)        CLS 400         4MATIC
                                                                                                                                                                                                                             (lbs)           (lbs)

                                                    18″   front .......................................................................................................................................           1708           1243              1289
                                                    18″   rear ........................................................................................................................................           1609           1256              1278
                                                    19″   front .......................................................................................................................................           1565           1243              1289
                                                    19″   rear ........................................................................................................................................           1653           1256              1278



                                                       (b) Should the driver follow the                                          respect to the requirements of FMVSS                                      are equipped with tires appropriate to
                                                    maximum combined weight of                                                   No. 110, including potential effects on                                   handle the vehicle manufacturer’s
                                                    occupants and cargo displayed on the                                         axles, suspension, brakes, driving                                        designed maximum vehicle weight.
                                                    tire and information placard, motor                                          dynamic, and crashworthiness. Based                                         The maximum weight of a vehicle is
                                                    vehicle safety is not negatively                                             on this analysis, an impact on steering,                                  determined by adding to the vehicle the
                                                    impacted. The vehicle platform                                               braking or other vehicle dynamics as a                                    manufacturer specified maximum
                                                    (including chassis and axles) serves                                         result of the tire label weight                                           weight of occupants and cargo. FMVSS
                                                    other CLS vehicle lines and is designed                                      discrepancy can be excluded.                                              No. 110, paragraph 4.3(a) requires that
                                                    for vehicles with a higher gross vehicle                                        (e) Moreover, MBUSA is not aware of                                    vehicles be labeled with a ‘‘Vehicle
                                                    weight rating (‘‘GVWR’’). The platform                                       any customer complaints, accidents or                                     Capacity Weight (VCW)’’ value which is
                                                    therefore can handle the potential                                           injuries alleged to have occurred as a                                    the specified maximum occupant and
                                                    additional weight.                                                           result of this non-compliance. Hence,                                     cargo weight that can be loaded into a
                                                       (c) Subject vehicles are equipped with                                    field data supports the assertion that the                                vehicle. This value is equal to 68 kgs
                                                    the B-pillar certification information                                       issue described above will have an                                        times the vehicle’s designated seating
                                                    label in accordance with 49 CFR part                                         inconsequential impact on safety.                                         capacity plus the rated cargo/payload of
                                                    567 indicating a GVWR of 2260                                                   MBUSA concluded by expressing the                                      the vehicle. FMVSS No. 110, (S4.2.1.1
                                                    kilograms (4982 pounds) for vehicle                                          belief that the subject noncompliance is                                  and S4.3.4(b)), requires that the vehicle
                                                    type 218.365, the CLS 400, and a GVWR                                        inconsequential as it relates to motor                                    maximum load on the tire shall not be
                                                    of 2330 kg (5137 pounds) for vehicle                                         vehicle safety, and that its petition to be                               greater than the applicable maximum
                                                    type 218.367, the CLS 400 4MATIC. The                                        exempted from providing notification of                                   load rating as marked on the sidewall of
                                                    GVWR information detailed on the B-                                          the noncompliance, as required by 49                                      the tire or greater than the load rating of
                                                    pillar certification information label is                                                                                                              the tire at the manufacturer specified
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                                                 U.S.C. 30118, and a remedy for the
                                                    correct. Therefore, the driver can refer to                                  noncompliance, as required by 49                                          cold inflation pressure listed on the tire
                                                    this alternative source of information in                                    U.S.C. 30120, should be granted.                                          and loading information placard.
                                                    order to determine the correct maximum                                                                                                                   For the subject vehicles, MBUSA
                                                    load weight of the vehicle.                                                  NHTSA’S Decision
                                                                                                                                                                                                           noted that the VCW values on the
                                                       (d) After identifying the potentially                                       NHTSA’s Analysis: FMVSS No. 110                                         placards are incorrect. The tire and
                                                    incorrect values in the tire label,                                          specifies requirements for tire selection                                 information placard on the CLS 400
                                                    Daimler AG (DAG) analyzed potential                                          to prevent tire overload. The intent of                                   model vehicle specifies a 420 kg VCW
                                                    technical implications, specifically with                                    the standard is to ensure that vehicles                                   which should have been 315 kg, an


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                                                                                   Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Notices                                          33549

                                                    increase of 105 kg. The label on the CLS                 higher VCW loads without overload                     Vehicle Safety Standard (FMVSS) No.
                                                    400 4MATIC model vehicle specifies a                     concerns.                                             120, Tire selection and rims and motor
                                                    355 kg VCW which should have been                           No comments were received during                   home/recreation vehicle trailer load
                                                    325 kg, an increase of 30 kg. These                      the receipt notice comment period.                    carrying capacity information for motor
                                                    errors could cause a consumer to load                       NHTSA Decision: In consideration of                vehicles with a GVWR of more than
                                                    the subject vehicles beyond their                        the foregoing, NHTSA finds that                       4,536 kilograms (10,000 pounds). VTNA
                                                    original design specifications.                          MBUSA has met its burden of                           filed a noncompliance information
                                                      In its’ petition, MBUSA provided an                    persuasion that the FMVSS No. 110                     report dated February 9, 2017. VTNA
                                                    analysis indicating the mounted tires on                 noncompliance is inconsequential as it                also petitioned NHTSA on February 28,
                                                    the subject vehicles are sufficient for                  relates to motor vehicle safety.                      2017, and revised its petition on April
                                                    carrying the maximum vehicle loads                       Accordingly, MBUSA’s petition is                      29, 2017, for a decision that the subject
                                                    derived from the higher, incorrect, VCW                  hereby granted and MBUSA is                           noncompliance is inconsequential as it
                                                    values. For the CLS 400 vehicles the                     exempted from the obligation to provide               relates to motor vehicle safety.
                                                    analysis indicates the tire load carrying                notification of, and a remedy for, that               DATES: The closing date for comments
                                                    capabilities exceed the maximum tire                     noncompliance under 49 U.S.C. 30118                   on the petition is August 21, 2017.
                                                    load by at least 147 kg (710 kg tire load                and 30120.                                            ADDRESSES: Interested persons are
                                                    rating minus 563 kg maximum tire                            NHTSA notes that the statutory                     invited to submit written data, views,
                                                    load). For the CLS 400 4MATIC vehicles                   provisions (49 U.S.C. 30118(d) and                    and arguments on this petition.
                                                    the analysis indicates the tire load                     30120(h)) that permit manufacturers to                Comments must refer to the docket and
                                                    carrying capabilities exceed the                         file petitions for a determination of                 notice number cited in the title of this
                                                    maximum tire load by at least 125 kg                     inconsequentiality allow NHTSA to                     notice and submitted by any of the
                                                    (709 kg tire load rating minus 584 kg                    exempt manufacturers only from the                    following methods:
                                                    maximum tire load). NHTSA verified                       duties found in sections 30118 and                       • Mail: Send comments by mail
                                                    the tire load ratings specified by                       30120, respectively, to notify owners,                addressed to U.S. Department of
                                                    MBUSA in accordance with the                             purchasers, and dealers of a defect or                Transportation, Docket Operations, M–
                                                    European Tyre and Rim Technical                          noncompliance and to remedy the                       30, West Building Ground Floor, Room
                                                    Organisation (ETRTO) manual. As                          defect or noncompliance. Therefore, this              W12–140, 1200 New Jersey Avenue SE.,
                                                    shown by MBUSA, the tire capacities                      decision only applies to the subject                  Washington, DC 20590.
                                                    are more than adequate to handle the                     vehicles that MBUSA no longer                            • Hand Delivery: Deliver comments
                                                    additional weight of the higher VCW                      controlled at the time it determined that             by hand to U.S. Department of
                                                    values. MBUSA’s analysis shows that                      the noncompliance existed. However,                   Transportation, Docket Operations, M–
                                                    the tires mounted on the subject                         the granting of this petition does not                30, West Building Ground Floor, Room
                                                    vehicles exceed the load requirements                    relieve vehicle distributors and dealers              W12–140, 1200 New Jersey Avenue SE.,
                                                    of FMVSS No. 110.                                        of the prohibitions on the sale, offer for            Washington, DC 20590. The Docket
                                                      MBUSA also mentioned that the                          sale, or introduction or delivery for                 Section is open on weekdays from 10
                                                    certification labels affixed to the subject              introduction into interstate commerce of              a.m. to 5 p.m. except Federal holidays.
                                                                                                             the noncompliant vehicles under their                    • Electronically: Submit comments
                                                    vehicles provide the vehicle’s gross axle
                                                                                                             control after MBUSA notified them that                electronically by logging onto the
                                                    weight ratings (GAWRs) and the gross
                                                                                                             the subject noncompliance existed.                    Federal Docket Management System
                                                    vehicle weight rating (GVWR)in
                                                                                                                                                                   (FDMS) Web site at https://
                                                    accordance with 49 CFR 567,                                Authority: 49 U.S.C. 30118, 30120:
                                                                                                                                                                   www.regulations.gov/. Follow the online
                                                    Certification. MBUSA stated that the                     delegations of authority at 49 CFR 1.95 and
                                                                                                                                                                   instructions for submitting comments.
                                                    GAWRs and GVWR values provided on                        501.8.
                                                                                                                                                                      • Comments may also be faxed to
                                                    the subject vehicles are correct as                      Jeffrey M. Giuseppe,                                  (202) 493–2251.
                                                    labeled. These ratings are established by                Director, Office of Vehicle Safety Compliance.           Comments must be written in the
                                                    the vehicle manufacturer and provided                                                                          English language, and be no greater than
                                                                                                             [FR Doc. 2017–15255 Filed 7–19–17; 8:45 am]
                                                    as an alternative source of information                                                                        15 pages in length, although there is no
                                                                                                             BILLING CODE 4910–59–P
                                                    consumers can use to ensure a vehicle                                                                          limit to the length of necessary
                                                    and its’ axles are not overloaded.                                                                             attachments to the comments. If
                                                    Vehicle manufacturers specify that these                                                                       comments are submitted in hard copy
                                                                                                             DEPARTMENT OF TRANSPORTATION
                                                    ratings should not be exceeded when                                                                            form, please ensure that two copies are
                                                    loading any vehicle. The agency                          National Highway Traffic Safety                       provided. If you wish to receive
                                                    reviewed the maximum loads on the                        Administration                                        confirmation that comments you have
                                                    axles and vehicles, using the higher                                                                           submitted by mail were received, please
                                                    labeled VCW values, against the                          [Docket No. NHTSA–2017–0015; Notice 1]
                                                                                                                                                                   enclose a stamped, self-addressed
                                                    certified GAWRs and GVWR of the                                                                                postcard with the comments. Note that
                                                                                                             Volvo Trucks North America, Receipt
                                                    subject vehicles. For the CLS 400                                                                              all comments received will be posted
                                                                                                             of Petition for Decision of
                                                    4MATIC vehicles, maximum loads were                                                                            without change to https://
                                                                                                             Inconsequential Noncompliance
                                                    well below the GAWR and GVWR                                                                                   www.regulations.gov, including any
                                                    values. For the CLS 400 vehicles, the                    AGENCY:  National Highway Traffic                     personal information provided.
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    maximum loads are essentially at the                     Safety Administration (NHTSA),                           All comments and supporting
                                                    certified GAWRs and GVWR values.                         Department of Transportation (DOT).                   materials received before the close of
                                                    MBUSA also stated in its petition that                   ACTION: Receipt of petition.                          business on the closing date indicated
                                                    the platform (chassis and axles) utilized                                                                      above will be filed in the docket and
                                                    on the subject vehicles is used with                     SUMMARY:   Volvo Trucks North America                 will be considered. All comments and
                                                    other CLS vehicle lines and is designed                  (VTNA), has determined that certain                   supporting materials received after the
                                                    for vehicles with higher GVWRs. It                       model year (MY) 2017 Volvo VNL and                    closing date will also be filed and will
                                                    appears from this analysis the subject                   2017 Volvo VNM heavy duty trucks do                   be considered to the fullest extent
                                                    vehicles can safely accommodate the                      not fully comply with Federal Motor                   possible.


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Document Created: 2017-07-20 06:58:09
Document Modified: 2017-07-20 06:58:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionGrant of petition.
FR Citation82 FR 33547 

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