82_FR_5651 82 FR 5640 - Mercedes-Benz USA, LLC, Grant of Petition for Decision of Inconsequential Noncompliance

82 FR 5640 - 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 11 (January 18, 2017)

Page Range5640-5641
FR Document2017-01006

Mercedes-Benz USA, LLC (MBUSA), has determined that certain model year (MY) 2016 Mercedes GL-Class multipurpose passenger 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 defect report dated August 12, 2016, and amended it on August 29, 2016. MBUSA then petitioned NHTSA on August 31, 2016, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety.

Federal Register, Volume 82 Issue 11 (Wednesday, January 18, 2017) 
[Federal Register Volume 82, Number 11 (Wednesday, January 18, 2017)]
[Notices]
[Pages 5640-5641]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01006]



[[Page 5640]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0092; 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.

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SUMMARY: Mercedes-Benz USA, LLC (MBUSA), has determined that certain 
model year (MY) 2016 Mercedes GL-Class multipurpose passenger vehicles 
do not fully comply with 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 defect 
report dated August 12, 2016, and amended it on August 29, 2016. MBUSA 
then petitioned NHTSA on August 31, 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 Mr. 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) 2016 Mercedes GL-Class multipurpose passenger vehicles do not 
fully comply with paragraph S4.3(d) of Federal Motor Vehicle Safety 
Standard (FMVSS) No. 110, Tire Selection and Rims and Motor Home/
Recreation Vehicle Trailer Load Carrying Capacity Information for Motor 
Vehicles with a GVWR of 4,536 kilograms (10,000 pounds) or Less. MBUSA 
filed a report dated August 12, 2016, and amended it on August 29, 
2016, pursuant to 49 CFR part 573, Defect and Noncompliance 
Responsibility and Reports. MBUSA then petitioned NHTSA on August 31, 
2016, pursuant to 49 U.S.C. 30118(d) and 30120(h) and their 
implementing regulations at 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 November 14, 2016, in the Federal Register 
(81 FR 79558). No comments were received. To view the petition and all 
supporting documents log onto the Federal Docket Management System 
(FDMS) Web site at: http://www.regulations.gov/. Then follow the online 
search instructions to locate docket number ``NHTSA-2016-0092.''

II. Vehicles Involved

    Affected are 2,917 of the following MY 2016 Mercedes-Benz GL-Class 
multipurpose passenger vehicles manufactured between December 1, 2015, 
and February 5, 2016:

 GL 350 Bluetec 4Matic SUV (155 vehicles)
 GL 450 4Matic SUV (2,482 vehicles)
 GL 550 4Matic SUV (280 vehicles)

III. Noncompliance

    MBUSA explains that the noncompliance is due to a labeling error. 
The subject vehicles are equipped with a spare tire, size T155/80 R19 
114M; however, the tire information placard affixed to the vehicles' B-
pillar incorrectly identifies the spare tire size as T165/90 R19 119M. 
The placard therefore does not comply with requirements specified in 
paragraph S4.3(d) of FMVSS No. 110.

IV. Rule Text

    Paragraph S4.3 of FMVSS No. 110 states, in pertinent part:

    S4.3 Placard. Each vehicle, except for a trailer or incomplete 
vehicle shall show the information specified in S4.3 (a) through 
(g), and may show, at the manufacturer's option, the information 
specified in S4.3 (h) through (i), on a placard permanently affixed 
to the driver's side B-pillar. In each vehicle without a driver's 
side B-pillar and two doors on the driver's side of the vehicle 
opening in the opposite directions, the placard shall be affixed on 
the forward edge of the rear side door . . .
    (d) Tire size designation, indicated by the headings ``size'' or 
``original tire size'' or ``original size,'' and ``spare tire'' or 
``spare,'' for the tires installed at the time of the first purchase 
for purposes other than resale. For full size spare tires, the 
statement ``see above'' may, at the manufacturer's option replace 
the tire size designation. If no spare tire is provided, the word 
``none'' must replace the tire size designation; . . .

V. Summary of MBUSA's Petition

    MBUSA described the subject noncompliance and stated its belief 
that the noncompliance is inconsequential as it relates to motor 
vehicle safety.
    In support of its petition, MBUSA stated the following:
    (a) Both tire sizes can be used on the vehicle. The spare tire with 
the size of T165/90 R19 119M (the size stated on the B-pillar label) is 
equipped on older models produced before November 2015. The purpose of 
FMVSS No. 110 is to ``prevent tire overloading,'' see 40 CFR 571. S1, 
and no overloading will result from the incorrect label because either 
tire size (the one stated on the label or the one actually on the 
vehicle) can be used.
    (b) The tire pressure is the same for both spare tire sizes. When 
checking the tire pressure for the spare tire, the customer will find 
the correct tire pressure values on the label. Again, no overloading 
will result from the incorrect label because the correct tire pressure 
values are provided.
    (c) Information regarding the correct spare tire is available to 
the vehicle owner. The vehicles are equipped with an Operator's Manual 
which describes both spare tire sizes. Also, if a tire needs to be 
replaced on the spare wheel, the dealer Electronic Parts Catalogue 
(EPC) correctly specifies the proper tire part number. Additionally, 
further assistance regarding the correct spare tire can be provided by 
the customer assistance center.
    (d) The presumption that the issue described above will have an 
inconsequential impact on safety is supported by field data: MBUSA is 
not aware of any customer complaints, accidents, or injuries alleged to 
have occurred as a result of this tire label discrepancy in the United 
States.
    MBUSA concluded by expressing the belief that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety, 
and that its petition to be exempted from providing notification of the 
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the 
noncompliance, as required by 49 U.S.C. 30120, should be granted.

NHTSA'S Decision

    NHTSA's Analysis: The intent of FMVSS No. 110 is to ensure that 
vehicles are equipped with tires appropriate to handle maximum vehicle 
loads and prevent overloading. MBUSA explained that the tire placard on 
the affected GL-Class vehicles specifies a spare tire size (T165/90 R19 
119M) that is different than the originally equipped spare tire size 
(T155/80R19 114M). MBUSA stated that no overloading will occur if 
either tire is used. The agency analyzed the load rating specifications 
of both spare tire sizes and confirmed that either tire could be used 
and are appropriate for the subject vehicle's maximum loaded weight 
conditions.

[[Page 5641]]

    MBUSA explained that the recommended tire inflation pressure for 
the labeled spare tire listed on the FMVSS No. 110 tire placard is the 
same inflation pressure that MBUSA would recommend for the originally 
equipped spare tire. The agency verified that both spare tire sizes at 
the labeled recommended inflation pressure are appropriate for the 
maximum loaded weight of the subject vehicles. If a consumer 
inadvertently used the labeled inflation pressure to inflate the 
originally equipped spare tire, the tire load rating would be 
sufficient for the maximum loaded vehicle weight.
    Furthermore, MBUSA explained that the subject vehicle's owner's 
manuals describe both spare tire sizes. The agency believes this 
additional information can be used by the consumer to ensure either 
size is appropriate for use.
    NHTSA's Decision: In consideration of the foregoing, NHTSA finds 
that MBUSA has met its burden of persuasion that the subject FMVSS No. 
110 noncompliance in the affected vehicles is inconsequential to motor 
vehicle safety. Accordingly, MBUSA's petition is hereby granted and 
MBUSA is consequently exempted from the obligation of providing 
notification of, and a free remedy for, the subject 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. 2017-01006 Filed 1-17-17; 8:45 am]
 BILLING CODE 4910-59-P

5640 Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Notices DEPARTMENT OF TRANSPORTATION Notice of receipt of the petition was (a) Both tire sizes can be used on the published, with a 30-day public vehicle. The spare tire with the size of National Highway Traffic Safety comment period, on November 14, T165/90 R19 119M (the size stated on Administration 2016, in the Federal Register (81 FR the B-pillar label) is equipped on older 79558). No comments were received. To models produced before November [Docket No. NHTSA–2016–0092; Notice 2] view the petition and all supporting 2015. The purpose of FMVSS No. 110 is Mercedes-Benz USA, LLC, Grant of documents log onto the Federal Docket to ‘‘prevent tire overloading,’’ see 40 Petition for Decision of Management System (FDMS) Web site CFR 571. S1, and no overloading will Inconsequential Noncompliance at: http://www.regulations.gov/. Then result from the incorrect label because follow the online search instructions to either tire size (the one stated on the AGENCY: National Highway Traffic locate docket number ‘‘NHTSA–2016– label or the one actually on the vehicle) Safety Administration (NHTSA), 0092.’’ can be used. Department of Transportation (DOT). (b) The tire pressure is the same for II. Vehicles Involved ACTION: Grant of petition. both spare tire sizes. When checking the Affected are 2,917 of the following tire pressure for the spare tire, the SUMMARY: Mercedes-Benz USA, LLC MY 2016 Mercedes-Benz GL-Class customer will find the correct tire (MBUSA), has determined that certain multipurpose passenger vehicles pressure values on the label. Again, no model year (MY) 2016 Mercedes GL- manufactured between December 1, overloading will result from the Class multipurpose passenger vehicles 2015, and February 5, 2016: incorrect label because the correct tire do not fully comply with Federal Motor • GL 350 Bluetec 4Matic SUV (155 pressure values are provided. Vehicle Safety Standard (FMVSS) No. vehicles) (c) Information regarding the correct 110, Tire Selection and Rims and Motor • GL 450 4Matic SUV (2,482 vehicles) spare tire is available to the vehicle Home/Recreation Vehicle Trailer Load • GL 550 4Matic SUV (280 vehicles) owner. The vehicles are equipped with Carrying Capacity Information for Motor an Operator’s Manual which describes Vehicles with a GVWR of 4,536 III. Noncompliance both spare tire sizes. Also, if a tire needs kilograms (10,000 pounds) or Less. MBUSA explains that the to be replaced on the spare wheel, the MBUSA filed a defect report dated noncompliance is due to a labeling dealer Electronic Parts Catalogue (EPC) August 12, 2016, and amended it on error. The subject vehicles are equipped correctly specifies the proper tire part August 29, 2016. MBUSA then with a spare tire, size T155/80 R19 number. Additionally, further assistance petitioned NHTSA on August 31, 2016, 114M; however, the tire information regarding the correct spare tire can be for a decision that the subject placard affixed to the vehicles’ B-pillar provided by the customer assistance noncompliance is inconsequential as it incorrectly identifies the spare tire size center. relates to motor vehicle safety. as T165/90 R19 119M. The placard (d) The presumption that the issue ADDRESSES: For further information on therefore does not comply with described above will have an this decision contact Mr. Kerrin requirements specified in paragraph inconsequential impact on safety is Bressant, Office of Vehicle Safety S4.3(d) of FMVSS No. 110. supported by field data: MBUSA is not Compliance, the National Highway aware of any customer complaints, IV. Rule Text Traffic Safety Administration (NHTSA), accidents, or injuries alleged to have telephone (202) 366–1110, facsimile Paragraph S4.3 of FMVSS No. 110 occurred as a result of this tire label (202) 366–5930. states, in pertinent part: discrepancy in the United States. SUPPLEMENTARY INFORMATION: S4.3 Placard. Each vehicle, except for a MBUSA concluded by expressing the trailer or incomplete vehicle shall show the belief that the subject noncompliance is I. Overview information specified in S4.3 (a) through (g), inconsequential as it relates to motor Mercedes-Benz USA, LLC (MBUSA), and may show, at the manufacturer’s option, vehicle safety, and that its petition to be has determined that certain model year the information specified in S4.3 (h) through exempted from providing notification of (MY) 2016 Mercedes GL-Class (i), on a placard permanently affixed to the the noncompliance, as required by 49 driver’s side B-pillar. In each vehicle without multipurpose passenger vehicles do not U.S.C. 30118, and a remedy for the a driver’s side B-pillar and two doors on the fully comply with paragraph S4.3(d) of driver’s side of the vehicle opening in the noncompliance, as required by 49 Federal Motor Vehicle Safety Standard opposite directions, the placard shall be U.S.C. 30120, should be granted. (FMVSS) No. 110, Tire Selection and affixed on the forward edge of the rear side NHTSA’S Decision Rims and Motor Home/Recreation door . . . Vehicle Trailer Load Carrying Capacity (d) Tire size designation, indicated by the NHTSA’s Analysis: The intent of Information for Motor Vehicles with a headings ‘‘size’’ or ‘‘original tire size’’ or FMVSS No. 110 is to ensure that GVWR of 4,536 kilograms (10,000 ‘‘original size,’’ and ‘‘spare tire’’ or ‘‘spare,’’ vehicles are equipped with tires pounds) or Less. MBUSA filed a report for the tires installed at the time of the first appropriate to handle maximum vehicle purchase for purposes other than resale. For dated August 12, 2016, and amended it loads and prevent overloading. MBUSA full size spare tires, the statement ‘‘see on August 29, 2016, pursuant to 49 CFR above’’ may, at the manufacturer’s option explained that the tire placard on the part 573, Defect and Noncompliance replace the tire size designation. If no spare affected GL-Class vehicles specifies a Responsibility and Reports. MBUSA tire is provided, the word ‘‘none’’ must spare tire size (T165/90 R19 119M) that then petitioned NHTSA on August 31, replace the tire size designation; . . . is different than the originally equipped 2016, pursuant to 49 U.S.C. 30118(d) spare tire size (T155/80R19 114M). mstockstill on DSK3G9T082PROD with NOTICES and 30120(h) and their implementing V. Summary of MBUSA’s Petition MBUSA stated that no overloading will regulations at 49 CFR part 556, for an MBUSA described the subject occur if either tire is used. The agency exemption from the notification and noncompliance and stated its belief that analyzed the load rating specifications remedy requirements of 49 U.S.C. the noncompliance is inconsequential of both spare tire sizes and confirmed Chapter 301 on the basis that this as it relates to motor vehicle safety. that either tire could be used and are noncompliance is inconsequential as it In support of its petition, MBUSA appropriate for the subject vehicle’s relates to motor vehicle safety. stated the following: maximum loaded weight conditions. VerDate Sep<11>2014 17:41 Jan 17, 2017 Jkt 241001 PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 E:\FR\FM\18JAN1.SGM 18JAN1

Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Notices 5641 MBUSA explained that the DEPARTMENT OF TRANSPORTATION submitted by mail were received, please recommended tire inflation pressure for enclose a stamped, self-addressed the labeled spare tire listed on the National Highway Traffic Safety postcard with the comments. Note that FMVSS No. 110 tire placard is the same Administration all comments received will be posted inflation pressure that MBUSA would without change to https:// [Docket No. NHTSA–2016–0115; Notice 1] recommend for the originally equipped www.regulations.gov, including any spare tire. The agency verified that both BMW Group of America, LLC, personal information provided. spare tire sizes at the labeled Incorporated, Receipt of Petition for All comments and supporting recommended inflation pressure are Decision of Inconsequential materials received before the close of appropriate for the maximum loaded Noncompliance business on the closing date indicated weight of the subject vehicles. If a above will be filed in the docket and consumer inadvertently used the AGENCY: National Highway Traffic will be considered. All comments and labeled inflation pressure to inflate the Safety Administration (NHTSA), supporting materials received after the originally equipped spare tire, the tire Department of Transportation (DOT). closing date will also be filed and will load rating would be sufficient for the ACTION: Receipt of petition. be considered to the fullest extent maximum loaded vehicle weight. possible. SUMMARY: BMW of North America, LLC When the petition is granted or Furthermore, MBUSA explained that (BMW), has determined that certain denied, notice of the decision will also the subject vehicle’s owner’s manuals model year (MY) 2016–2017 BMW, be published in the Federal Register describe both spare tire sizes. The Mini, and Rolls-Royce vehicles do not pursuant to the authority indicated at agency believes this additional fully comply with Federal Motor the end of this notice. information can be used by the Vehicle Safety Standard (FMVSS) No. All comments, background consumer to ensure either size is 209, Seat Belt Assemblies. BMW filed a documentation, and supporting appropriate for use. report dated October 13, 2016. BMW materials submitted to the docket may NHTSA’s Decision: In consideration also petitioned NHTSA on November 4, be viewed by anyone at the address and of the foregoing, NHTSA finds that 2016, for a decision that the subject times given above. The documents may MBUSA has met its burden of noncompliance is inconsequential as it also be viewed on the Internet at https:// persuasion that the subject FMVSS No. relates to motor vehicle safety. www.regulations.gov by following the 110 noncompliance in the affected DATES: The closing date for comments online instructions for accessing the vehicles is inconsequential to motor on the petition is February 17, 2017. dockets. The docket ID number for this vehicle safety. Accordingly, MBUSA’s petition is shown in the heading of this ADDRESSES: Interested persons are petition is hereby granted and MBUSA notice. is consequently exempted from the invited to submit written data, views, and arguments on this petition. DOT’s complete Privacy Act obligation of providing notification of, Comments must refer to the docket and Statement is available for review in a and a free remedy for, the subject notice number cited in the title of this Federal Register notice published on noncompliance under 49 U.S.C. 30118 notice and submitted by any of the April 11, 2000, (65 FR 19477–78). and 30120. following methods: SUPPLEMENTARY INFORMATION: NHTSA notes that the statutory • Mail: Send comments by mail provisions (49 U.S.C. 30118(d) and addressed to U.S. Department of I. Overview 30120(h)) that permit manufacturers to Transportation, Docket Operations, M– BMW of North America, LLC (BMW), file petitions for a determination of 30, West Building Ground Floor, Room has determined that certain model year inconsequentiality allow NHTSA to W12–140, 1200 New Jersey Avenue SE., (MY) 2016–2017 BMW, Mini, and Rolls- exempt manufacturers only from the Washington, DC 20590. Royce vehicles do not fully comply with duties found in sections 30118 and • Hand Delivery: Deliver comments paragraph 4.3(j)(2)(ii) of Federal Motor 30120, respectively, to notify owners, by hand to U.S. Department of Vehicle Safety Standard (FMVSS) No. purchasers, and dealers of a defect or Transportation, Docket Operations, M– 209, Seat Belt Assemblies. BMW filed a noncompliance and to remedy the 30, West Building Ground Floor, Room report dated October 13, 2016, pursuant defect or noncompliance. Therefore, this W12–140, 1200 New Jersey Avenue SE., to 49 CFR part 573, Defect and decision only applies to the subject Washington, DC 20590. The Docket Noncompliance Responsibility and vehicles that MBUSA no longer Section is open on weekdays from 10 Reports. BMW also petitioned NHTSA controlled at the time it determined that a.m. to 5 p.m. except Federal Holidays. on November 4, 2016, pursuant to 49 the noncompliance existed. However, • Electronically: Submit comments U.S.C. 30118(d) and 30120(h) and 49 the granting of this petition does not electronically by logging onto the CFR part 556, for an exemption from the relieve vehicle distributors and dealers Federal Docket Management System notification and remedy requirements of of the prohibitions on the sale, offer for (FDMS) Web site at https:// 49 U.S.C. Chapter 301 on the basis that sale, or introduction or delivery for www.regulations.gov/. Follow the online this noncompliance is inconsequential introduction into interstate commerce of instructions for submitting comments. as it relates to motor vehicle safety. the noncompliant vehicles under their • Comments may also be faxed to This notice of receipt of BMW’s control after MBUSA notified them that (202) 493–2251. petition is published under 49 U.S.C. the subject noncompliance existed. Comments must be written in the 30118 and 30120 and does not represent English language, and be no greater than any agency decision or other exercise of mstockstill on DSK3G9T082PROD with NOTICES Authority: 49 U.S.C. 30118, 30120: delegations of authority at 49 CFR 1.95 and 15 pages in length, although there is no judgment concerning the merits of the 501.8. limit to the length of necessary petition. attachments to the comments. If Jeffrey M. Giuseppe, comments are submitted in hard copy II. Vehicles Involved Director, Office of Vehicle Safety Compliance. form, please ensure that two copies are Approximately 15,630 of the [FR Doc. 2017–01006 Filed 1–17–17; 8:45 am] provided. If you wish to receive following MY 2016–2017 BMW, Mini, BILLING CODE 4910–59–P confirmation that comments you have and Rolls-Royce vehicles manufactured VerDate Sep<11>2014 17:41 Jan 17, 2017 Jkt 241001 PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 E:\FR\FM\18JAN1.SGM 18JAN1


Document Created: 2018-02-01 15:19:42
Document Modified: 2018-02-01 15:19:42
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 5640 
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