SUPPLEMENTARY INFORMATION:

I. Overview: Mercedes-Benz has determined that certain MY 2020-2021 GLE and GLS Class motor vehicles do not fully comply with the requirements of paragraph S4.3(c) of 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 (49 CFR 571.110). Mercedes-Benz filed a noncompliance report dated October 30, 2020, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. Mercedes-Benz subsequently petitioned NHTSA on November 16, 2020, 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, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, Exemption for Inconsequential Defect or Noncompliance. ( printed page 55670)

Notice of receipt of Mercedes-Benz's petition was published with a 30-day public comment period, on April 23, 2021, in the Federal Register (86 FR 21792). One comment was received. To view the petition and all supporting documents log onto the Federal Docket Management System (FDMS) website at www.regulations.gov/​. Then follow the online search instructions to locate docket number “NHTSA-2020-0116.”

II. Vehicles Involved: Approximately 22,439 MY 2020-2021 Mercedes-Benz GLE350, GLE450, GLE580, GLS450, and GLS580 motor vehicles, manufactured between July 7, 2018, and October 16, 2020, are potentially involved.

III. Noncompliance: Mercedes-Benz explains that the noncompliance is that the subject vehicles are equipped with a vehicle placard affixed to the driver's side B-pillar of the vehicle that erroneously overstates maximum permissible cold tire pressure and therefore, does not fully meet the requirements specified in paragraph S4.3(c) of FMVSS No. 110. Specifically, the vehicle placard overstates the maximum permissible cold tire pressure as 320 kPa (46.41 psi), when it should state a maximum cold tire pressure of 300 kPa (43.5 psi).

IV. Rule Requirements: Paragraph S4.3(c) of FMVSS No. 110 includes the requirements relevant to this petition. 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. At the manufacturer's option, the information specified in S4.3 (c), (d), and, as appropriate, (h) and (i) may be shown, alternatively to being shown on the placard, on a tire inflation pressure label which must conform in color and format, not including the border surrounding the entire label, as shown in the example set forth in Figure 2 in this standard.

V. Summary of Mercedes-Benz's Petition: The following views and arguments presented in this section, “V. Summary of Mercedes-Benz's Petition,” are the views and arguments provided by Mercedes-Benz and do not reflect the views of the Agency. Mercedes-Benz describes the subject noncompliance and contends that the noncompliance is inconsequential as it relates to motor vehicle safety.

Mercedes-Benz says that although the placard and gas tank flap contain the incorrect tire inflation pressure of 320 kPa (46.41 psi), the tire sidewall indicates that the maximum cold tire inflation pressure is 300 kPa (43.5 psi). Mercedes-Benz believes that this discrepancy does not cause any risk of over-inflation because the tires were designed to have a maximum tire inflation pressure of 350 kPa (50.8 psi).

Mercedes-Benz states that if a consumer were to rely upon the incorrect tire inflation pressure of 320 kPa (46.41 psi), there is no risk of tire overloading because the subject tires are designed and manufactured to withstand a maximum tire pressure of 350 kPa (50.7 psi). Mercedes-Benz says that the supplier confirmed that inflating the tires to the 320 kPa (46.41 psi) limit listed on the placard or the 300 kPa (43.5 psi) limit listed on the side wall would not affect vehicle performance or safety. Mercedes-Benz says that other than the subject noncompliance, the affected tires meet or exceed all applicable FMVSS performance requirements.

Mercedes-Benz contends that in the past, for petitions involving a similar noncompliance, NHTSA “has recognized that slight discrepancies in the listed tire pressure and deviations in the information listed in the placard do not have a consequential effect on motor vehicle safety” Mercedes-Benz says that the Agency granted a petition submitted by Chrysler Group, LLC, in 2013 where the placards equipped on the affected vehicles did not correctly identify the size of the tires that were installed on the vehicles. According to Mercedes-Benz, the Agency concluded that the noncompliance was inconsequential to motor vehicle safety because, among other reasons, the vehicles were equipped with tires that were “appropriate to handle the vehicle maximum loads when inflated to the maximum tire pressure.” ^[1] Mercedes-Benz claims that the Agency has used the same rationale when specific information was missing from the vehicle placard.^[2] Mercedes-Benz also claims that the Agency has “recognized that the maximum tire inflation pressure indicated on the tire sidewall have somewhat limited safety value” and that the Agency ultimately decided to retain maximum inflation pressure labeling requirements as an aid in preventing over-inflation.^[3]

Mercedes-Benz argues that because the subject tires were designed and engineered to have a greater maximum inflation pressure than is indicated on the placard or under the gas tank flap, there is no risk of over-inflation. Furthermore, Mercedes-Benz says that 300 kPa (43.5 psi). is a sufficient maximum pressure for the tires installed on the subject vehicles. Therefore, Mercedes-Benz claims that if the consumer relied on the value provided on the tire sidewall, there is also no risk of under pressurizing the tire. Both 300 kPa (43.5 psi) and 320 kPa (46.41 psi) are appropriate pressures for the GVWR of the subject vehicle and would not affect the operation of the tire pressure monitoring system. Further, if the tire is inflated to 320 kPa (46.41 psi) as listed on the placard and gas tank flap, the load-carrying capacity of the vehicle would not be affected.

Mercedes-Benz says owners of the subject vehicle may seek guidance from their Roadside Assistance program during the vehicle warranty period and any Mercedes-Benz customer may contact the Mercedes-Benz Customer Assistance center. Mercedes-Benz adds that all of the remaining information provided on the vehicle placard is accurate, “including the vehicle loading capacity and tire size and dimensions, which further confirms that the vehicle is not susceptible to overloading even if the tires are inflated to 320 kPa (46.41 psi).”

Mercedes-Benz cites NHTSA as stating that the Agency has “historically granted petitions for inconsequentiality for inaccurate tire placards where the grantee has supplied sufficient reasoning to support . . . a conclusion [that there is no adverse safety impact.”] ^[4]

Mercedes-Benz concludes by contending 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.

VI. Public Comment: NHTSA received one comment from a member of the general public expressing concern with the subject noncompliance.^[5] The ( printed page 55671) commenter stated that Mercedes-Benz should not have made the error and appeared to be dissatisfied with the use of metric measurements in the U.S. market.

VII. NHTSA's Analysis: Mercedes-Benz acknowledges that the tire placard and information listed in the gas tank cap/placard label indicate that the maximum tire pressure is 320 kPa (46.41 psi) while the tire sidewall lists a maximum tire pressure of 300 kPa (43.5 psi). Pursuant to FMVSS 110 S4.3.4, the maximum tire inflation pressure shown on the placard must be equal to or less than the maximum tire inflation pressure on the tire sidewall.

The intent of FMVSS No. 110 is to ensure that vehicles are equipped with tires appropriate to handle maximum vehicle loads and to prevent overloading. FMVSS No. 110 requires that the original tires on a vehicle and the tires listed on the vehicle placard be the same size and that the tires, at the manufacturer recommended inflation pressure, be appropriate for the designed vehicle maximum load conditions.

NHTSA agrees with Mercedes-Benz that the tire placard on certain MY 2020-2021 GLE and GLS Class vehicles overstating the maximum cold tire pressure as 320 kPa (46.41 psi) instead of 300 kPa (43.5 psi) does not present a safety risk, because the tires are designed to safely withstand inflation pressures up to 350 kPa (50.8 psi) without affecting vehicle performance, load capacity, or the Tire Pressure Monitoring System (TPMS). Mercedes-Benz explains that the difference between the tire sidewall and what was included on the vehicle placard does not present any risk of over-inflation since, per the tire manufacturer, the tires were designed to withstand a maximum permissible inflation pressure of 350 kPa (50.8 psi). However, vehicle owners should always maintain their tires at the manufacturer's recommended inflation pressure, as over-inflation can lead to serious safety issues like tire blowouts, decreased traction, faster treadwear and potential crashes. In addition, the supplier has confirmed that there are no effects on vehicle performance and there would be no adverse safety consequences if the tires were inflated to either the 300 kPa (43.5 psi) limit on the tire sidewall or the 320 kPa (46.41 psi) limit indicated on the placard. Inflating the tires at either 300 kPa (43.5 psi) or 320 kPa (46.41 psi) is appropriate for the vehicle's GVWR. Inflating the tires to the pressure listed on either the tire sidewall or the value listed on the placard would not impact the operation of the Tire Pressure Monitoring System (TPMS) and the vehicle's load carrying capacity would not be impacted or reduced if the tire is inflated to 320 kPa (46.41 psi) if the consumer followed the inflation level on the placard or under the gas tank flap.

NHTSA observes that a member of the public commented that Mercedes-Benz should not have made this error and further appeared to disagree with metric measurements being used in the U.S. market. While NHTSA appreciates and encourages public participation in making determinations, we did not find these comments relevant to the issue raised by this petition.

Based upon the arguments presented, NHTSA has reviewed and accepts Mercedes-Benz's analyses and supporting documentation that the noncompliance is inconsequential to motor vehicle safety. The difference in the tire pressure listed on the placard is 20 kPa (3 psi) higher than the pressure on the tire sidewall and the tire manufacturer specifies that the tires are actually designed to withstand a maximum permissible inflation pressure of 350 kPa (50.8 psi) which is 9.4 percent more than what is listed on placard. Further, the tires meet or exceed all applicable FMVSS performance requirements.

VIII. NHTSA's Decision: In consideration of the foregoing, NHTSA finds that Mercedes-Benz has met its burden of persuasion that the subject FMVSS No. 110 noncompliance in the affected vehicles is inconsequential to motor vehicle safety. Accordingly, Mercedes-Benz's petition is hereby granted, and Mercedes-Benz is consequently exempted from the obligation of providing notification of, and a free 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 Mercedes-Benz 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 Mercedes-Benz 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.)

91 FR 55669