Mercedes-Benz USA, LLC, on Behalf of Daimler AG, Receipt of Petition for Decision of Inconsequential Noncompliance, 56698-56700 [2012-22559]

Download as PDF 56698 Federal Register / Vol. 77, No. 178 / Thursday, September 13, 2012 / Notices the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236–3 of August 28, 2000 (and, as appropriate, Delegation of Authority No. 257 of April 15, 2003), I hereby determine that the object to be included in the exhibition ‘‘Steve McQueen,’’ imported from abroad for temporary exhibition within the United States, is of cultural significance. The object is imported pursuant to a loan agreement with the foreign owner or custodian. I also determine that the exhibition or display of the exhibit object at The Art Institute of Chicago, Chicago, IL, from on or about October 21, 2012, until on or about January 6, 2013, and at possible additional exhibitions or venues yet to be determined, is in the national interest. I have ordered that Public Notice of these Determinations be published in the Federal Register. FOR FURTHER INFORMATION CONTACT: For further information, including a list of the exhibit object, contact Julie Simpson, Attorney-Adviser, Office of the Legal Adviser, U.S. Department of State (telephone: 202–632–6467). The mailing address is U.S. Department of State, SA–5, L/PD, Fifth Floor (Suite 5H03), Washington, DC 20522–0505. Dated: September 7, 2012. J. Adam Ereli, Principal Deputy Assistant Secretary, Bureau of Educational and Cultural Affairs, Department of State. BILLING CODE 4710–05–P DEPARTMENT OF STATE [Public Notice 8023] Culturally Significant Objects Imported for Exhibition Determinations: ‘‘Opera Nobile: Masterpieces From Ancient Italy’’ Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236–3 of August 28, 2000 (and, as appropriate, Delegation of Authority No. 257 of April 15, 2003), I hereby determine that the objects to be mstockstill on DSK4VPTVN1PROD with NOTICES VerDate Mar<15>2010 19:13 Sep 12, 2012 Jkt 226001 Dated: September 6, 2012. J. Adam Ereli, Principal Deputy Assistant Secretary, Bureau of Educational and Cultural Affairs, Department of State. [FR Doc. 2012–22565 Filed 9–12–12; 8:45 am] BILLING CODE 4710–05–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Air Traffic Procedures Advisory Committee Federal Aviation Administration (FAA), DOT. SUMMARY: The FAA is issuing this notice to advise the public that a meeting of the Federal Aviation Administration Air Traffic Procedures Advisory Committee (ATPAC) will be held to review present air traffic control procedures and practices for standardization, revision, clarification, and upgrading of terminology and procedures. DATES: The meeting will be held Monday, October 1, Tuesday, October 2, and Wednesday, October 3, 2012 from 8:30 a.m. to 5 p.m. ADDRESSES: The meeting will be held at the Gaylord Hotel & Resort National Harbor, MD 801355. FOR FURTHER INFORMATION CONTACT: Mr. Gary Norek, ATPAC Executive Director, 800 Independence Avenue SW., Washington, DC 20591. SUPPLEMENTARY INFORMATION: Pursuant to Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92– AGENCY: [FR Doc. 2012–22567 Filed 9–12–12; 8:45 am] SUMMARY: included in the exhibition ‘‘Opera Nobile: Masterpieces from Ancient Italy,’’ imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at the Princeton University Art Museum, Princeton, NJ, from on or about September 17, 2012, until on or about September 15, 2016, and at possible additional exhibitions or venues yet to be determined, is in the national interest. I have ordered that Public Notice of these Determinations be published in the Federal Register. FOR FURTHER INFORMATION CONTACT: For further information, including a list of the exhibit objects, contact Julie Simpson, Attorney-Adviser, Office of the Legal Adviser, U.S. Department of State (telephone: 202–632–6467). The mailing address is U.S. Department of State, SA–5, L/PD, Fifth Floor (Suite 5H03), Washington, DC 20522–0505. PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 463; 5 U.S.C. App.2), notice is hereby given of a meeting of the ATPAC to be held Monday, October 1, Tuesday, October 2, and Wednesday, October 3, 2012 from 8:30 a.m. to 5 p.m. The agenda for this meeting will cover a continuation of the ATPAC’s review of present air traffic control procedures and practices for standardization, revision, clarification, and upgrading of terminology and procedures. It will also include: 1. Approval of Minutes; 2. Submission and Discussion of Areas of Concern; 3. Discussion of Potential Safety Items; 4. Report from Executive Director; 5. Items of Interest; and 6. Discussion and agreement of location and dates for subsequent meetings. Attendance is open to the interested public but limited to space available. With the approval of the Chairperson, members of the public may present oral statements at the meeting. Persons desiring to attend and persons desiring to present oral statements should notify Mr. Gary Norek no later than September 28, 2012. Any member of the public may present a written statement to the ATPAC at any time at the address given above. Issued in Washington, DC, on September 4, 2012. Gary A. Norek, Executive Director, Air Traffic Procedures Advisory Committee. [FR Doc. 2012–22575 Filed 9–12–12; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2012–0115; Notice 1] Mercedes-Benz USA, LLC, on Behalf of Daimler AG, Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration, DOT. ACTION: Receipt of petition. AGENCY: Mercedes-Benz USA, LLC (MBUSA),1 on behalf of itself and its parent company Daimler AG (DAG) 2, has determined that certain model year 2012 Mercedes-Benz C-Class (204 platform) passenger cars manufactured SUMMARY: 1 Mercedes-Benz USA, LLC, is a U.S. company that manufacturers and imports motor vehicles. 2 Daimler AG, is a German company that manufactures motor vehicles. E:\FR\FM\13SEN1.SGM 13SEN1 Federal Register / Vol. 77, No. 178 / Thursday, September 13, 2012 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES between March and August 2011, 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 has filed an appropriate report dated May 4, 2012, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 CFR part 556), MBUSA submitted a petition for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential to motor vehicle safety. This notice of receipt of MBUSA’s petition is published under 49 U.S.C. 30118 and 30120 and does not represent any agency decision or other exercise of judgment concerning the merits of the petition. Vehicles involved: Affected are approximately 1,479 model year 2012 Mercedes-Benz C-Class (204 platform) passenger vehicles manufactured between March and August 2011. 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, these provisions only apply to the subject 1,479 3 vehicles that MBUSA no longer controlled at the time it determined that the noncompliance existed. Noncompliance: MBUSA explains that the noncompliance is that the vehicle placard on the affected vehicles incorrectly identifies the tire size designation of the spare tire in the vehicle. Rule text: Paragraph S4.3(d) of FMVSS No. 110 requires in pertinent part: 3 MBUSA’s petition, which was filed under 49 CFR part 556, requests an agency decision to exempt MBUSA as a vehicle manufacturer from the notification and recall responsibilities of 49 CFR part 573 for the 1,479 affected vehicles. However, a decision on this petition will not relieve vehicle distributors and dealers of the prohibitions on the sale, offer for sale, introduction or delivery for introduction into interstate commerce of the noncompliant vehicles under their control after MBUSA notified them that the subject noncompliance existed. VerDate Mar<15>2010 19:13 Sep 12, 2012 Jkt 226001 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. * * * (b) 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. * * * Summary of MBUSA’s Analysis and Arguments MBUSA explains that while the vehicle placard incorrectly identifies the designated spare tire size corresponding to the actual size of the spare tire originally installed in the vehicle, the recommended cold tire inflation pressure for the spare tire is correctly stated. In addition, all information required under S4.3 for maintaining and replacing the front and rear tires, as well as vehicle weight and seating capacity, is correct. MBUSA also stated that if a vehicle owner were to question the correct spare tire size they would be able to check the size by comparing it with the size stamped on the sidewall of the originally provided spare tire. If the vehicle owner were to attempt to put a spare tire of the size indicated on the vehicle placard on the spare tire rim originally provided with the vehicle, it would be immediately apparent that the tire is too large to be installed on the rim and hold any inflation pressure. Both the actually provided spare tire and a tire of the size indicated on the vehicle placard for the spare tire meet the FMVSS No. 110 loading requirements at the recommended cold inflation pressure stated on the vehicle placard. Both the originally installed spare tire and a spare tire of the size listed on the vehicle placard, when inflated to the labeled recommended cold inflation pressure, are appropriate to handle the vehicle maximum loads. MBUSA has additionally informed NHTSA that it has corrected future production and that all other required markings are present and correct. MBUSA is not aware of any incidents or customer complaints related to the noncompliant vehicle placard. MBUSA also expressed its belief that NHTSA has previously granted similar petitions. In summation, MBUSA believes that the described noncompliance of its vehicle placards regarding the spare tire size is inconsequential to motor vehicle safety, and that its petition, to exempt from providing recall notification of noncompliance as required by 49 U.S.C. PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 56699 30118 and remedying the recall noncompliance as required by 49 U.S.C. 30120 should be granted. Comments: Interested persons are invited to submit written data, views, and arguments on this petition. Comments must refer to the docket and notice number cited at the beginning of this notice and be submitted by any of the following methods: a. By mail addressed to: U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. b. By hand delivery to: U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. except Federal Holidays. c. Electronically: by logging onto the Federal Docket Management System (FDMS) Web site at http://www. regulations.gov/. Follow the online instructions for submitting comments. Comments may also be faxed to 1–202– 493–2251. Comments must be written in the English language, and be no greater than 15 pages in length, although there is no limit to the length of necessary attachments to the comments. If comments are submitted in hard copy form, please ensure that two copies are provided. If you wish to receive confirmation that your comments were received, please enclose a stamped, selfaddressed postcard with the comments. Note that all comments received will be posted without change to http://www. regulations.gov, including any personal information provided. Documents submitted to a docket may be viewed by anyone at the address and times given above. The documents may also be viewed on the Internet at http://www.regulations.gov by following the online instructions for accessing the dockets. DOT’s complete Privacy Act Statement is available for review in the Federal Register published on April 11, 2000, (65 FR 19477–78). The petition, supporting materials, and all comments received before the close of business on the closing date indicated below will be filed and will be considered. All comments and supporting materials received after the closing date will also be filed and will be considered to the extent possible. When the petition is granted or denied, notice of the decision will be published in the Federal Register pursuant to the authority indicated below. E:\FR\FM\13SEN1.SGM 13SEN1 56700 Federal Register / Vol. 77, No. 178 / Thursday, September 13, 2012 / Notices Comment Closing Date: October 15, 2012. Authority: 49 U.S.C. 30118, 30120: delegations of authority at CFR 1.50 and 501.8. Issued on: September 6, 2012. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. 2012–22559 Filed 9–12–12; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2012–0116; Notice 1] BMW of North America, LLC, a Subsidiary of BMW AG, Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration, DOT. ACTION: Receipt of petition. AGENCY: BMW of North America, LLC (BMW),1 a subsidiary of BMW AG,2 Munich, Germany, has determined that certain model year 2012 MINI Cooper Countryman passenger cars with optional three passenger rear seating manufactured between August 1, 2011 and May 23, 2012, do not fully comply with paragraph S4.3(b) 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. BMW has filed an appropriate report dated June 1, 2012, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 CFR part 556), BMW submitted a petition for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential to motor vehicle safety. This notice of receipt of BMW’s petition is published under 49 U.S.C. 30118 and 30120 and does not represent any agency decision or other exercise of judgment concerning the merits of the petition. Vehicles Involved: Affected are approximately 5,700 model year 2012 MINI Cooper Countryman passenger vehicles with optional three passenger mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: 1 BMW of North America, LLC, is a U.S. company that manufacturers and imports motor vehicles. 2 BMW AG, is a German company that manufacturers motor vehicles. VerDate Mar<15>2010 19:13 Sep 12, 2012 Jkt 226001 rear seating manufactured between August 1, 2011 and May 23, 2012. 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, these provisions only apply to the subject 5,700 3 vehicles that BMW no longer controlled at the time it determined that the noncompliance existed. Noncompliance: BMW explains that the noncompliance is that the vehicle placard on the affected vehicles incorrectly identifies the rear designated seating capacity as ‘‘2’’ when in fact it should be ‘‘3,’’ and the total designated seating capacity as ‘‘4’’ when in fact it should be ‘‘5.’’ Rule Text: Paragraph S4.3(b) of FMVSS No. 110 requires 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), * * *, on a placard permanently affixed to the driver’s side B-pillar. * * * (b)Designated seated capacity (expressed in terms of total number of occupants and number of occupants for each front and rear seat location);* * * Summary of BMW’S Analysis and Arguments BMW states that while the vehicle placard incorrectly identifies the vehicle seating capacity, this noncompliance is inconsequential to motor vehicle safety for the following reasons: 1. It would become clear to a vehicle owner that the rear seat of the affected vehicles contains three sets of seat belts, and provides adequate space for three people to occupy the rear seat and that the vehicle in fact does accommodate five passengers not four as labeled. 2. The tire pressure value on the vehicle placard is correct. In fact, the recommended tire inflation pressure for both the five passenger and the four passenger vehicles is the same. 3 BMW’s petition, which was filed under 49 CFR part 556, requests an agency decision to exempt BMW as a vehicle manufacturer from the notification and recall responsibilities of 49 CFR part 573 for the 5,700 affected vehicles. However, a decision on this petition will not relieve vehicle distributors and dealers of the prohibitions on the sale, offer for sale, introduction or delivery for introduction into interstate commerce of the noncompliant vehicles under their control after BMW notified them that the subject noncompliance existed. PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 Therefore, there is no risk of underinflation. 3. The vehicle capacity weight listed on the vehicle placard is correct, and is the same for Countryman model vehicles built for four or five occupants. Therefore, there is no risk of overloading. 4. The vehicle’s Monroney label 4 contains a listing of all options that have been equipped on the affected vehicles. The option regarding the rear seat for three occupants is noted on the Monroney label; therefore, an owner would have been notified at time of purchase of the vehicle that the rear seat is equipped to accommodate three occupants. 5. The vehicle Owner’s Manual contains information pertaining to the vehicle’s tires, tire pressure, and the vehicle capacity weight. Therefore, if owners check the Owner’s Manual, correct information is available for their use. 6. BMW also provides vehicle drivers with help determining the correct tire, tire pressure and loading information by way of toll-free telephone numbers for MINI Roadside AssistanceTM (available 24 hours/day)and MINI Customer Relations. 7. BMW has received no customer complaints and are unaware of any accidents or injuries regarding this noncompliance of the affected vehicles. BMW has additionally informed NHTSA that it has corrected future production and that all other required markings are present and correct. BMW also expressed its belief that NHTSA has previously granted similar petitions. In summation, BMW believes that the described noncompliance of its vehicle placards regarding seating capacity is inconsequential to motor vehicle safety, and that its petition, to exempt from providing recall notification of noncompliance as required by 49 U.S.C. 30118 and remedying the recall noncompliance as required by 49 U.S.C. 30120 should be granted. Comments: Interested persons are invited to submit written data, views, and arguments on this petition. Comments must refer to the docket and notice number cited at the beginning of this notice and be submitted by any of the following methods: a. By mail addressed to: U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. 4 Automobile Information Disclosure Act (AIDA), 15 U.S.C. 1231–1233 E:\FR\FM\13SEN1.SGM 13SEN1

Agencies

[Federal Register Volume 77, Number 178 (Thursday, September 13, 2012)]
[Notices]
[Pages 56698-56700]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22559]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2012-0115; Notice 1]


Mercedes-Benz USA, LLC, on Behalf of Daimler AG, Receipt of 
Petition for Decision of Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Receipt of petition.

-----------------------------------------------------------------------

SUMMARY: Mercedes-Benz USA, LLC (MBUSA),\1\ on behalf of itself and its 
parent company Daimler AG (DAG) \2\, has determined that certain model 
year 2012 Mercedes-Benz C-Class (204 platform) passenger cars 
manufactured

[[Page 56699]]

between March and August 2011, 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 has filed an appropriate 
report dated May 4, 2012, pursuant to 49 CFR part 573, Defect and 
Noncompliance Responsibility and Reports.
---------------------------------------------------------------------------

    \1\ Mercedes-Benz USA, LLC, is a U.S. company that manufacturers 
and imports motor vehicles.
    \2\ Daimler AG, is a German company that manufactures motor 
vehicles.
---------------------------------------------------------------------------

    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 
at 49 CFR part 556), MBUSA submitted a petition for an exemption from 
the notification and remedy requirements of 49 U.S.C. Chapter 301 on 
the basis that this noncompliance is inconsequential to motor vehicle 
safety.
    This notice of receipt of MBUSA's petition is published under 49 
U.S.C. 30118 and 30120 and does not represent any agency decision or 
other exercise of judgment concerning the merits of the petition.
    Vehicles involved: Affected are approximately 1,479 model year 2012 
Mercedes-Benz C-Class (204 platform) passenger vehicles manufactured 
between March and August 2011.
    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, these provisions 
only apply to the subject 1,479 \3\ vehicles that MBUSA no longer 
controlled at the time it determined that the noncompliance existed.
---------------------------------------------------------------------------

    \3\ MBUSA's petition, which was filed under 49 CFR part 556, 
requests an agency decision to exempt MBUSA as a vehicle 
manufacturer from the notification and recall responsibilities of 49 
CFR part 573 for the 1,479 affected vehicles. However, a decision on 
this petition will not relieve vehicle distributors and dealers of 
the prohibitions on the sale, offer for sale, introduction or 
delivery for introduction into interstate commerce of the 
noncompliant vehicles under their control after MBUSA notified them 
that the subject noncompliance existed.
---------------------------------------------------------------------------

    Noncompliance: MBUSA explains that the noncompliance is that the 
vehicle placard on the affected vehicles incorrectly identifies the 
tire size designation of the spare tire in the vehicle.
    Rule text: Paragraph S4.3(d) of FMVSS No. 110 requires 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) and (i), on a placard permanently affixed to 
the driver's side B-pillar. * * *
    (b) 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. * * *

Summary of MBUSA's Analysis and Arguments

    MBUSA explains that while the vehicle placard incorrectly 
identifies the designated spare tire size corresponding to the actual 
size of the spare tire originally installed in the vehicle, the 
recommended cold tire inflation pressure for the spare tire is 
correctly stated. In addition, all information required under S4.3 for 
maintaining and replacing the front and rear tires, as well as vehicle 
weight and seating capacity, is correct.
    MBUSA also stated that if a vehicle owner were to question the 
correct spare tire size they would be able to check the size by 
comparing it with the size stamped on the sidewall of the originally 
provided spare tire. If the vehicle owner were to attempt to put a 
spare tire of the size indicated on the vehicle placard on the spare 
tire rim originally provided with the vehicle, it would be immediately 
apparent that the tire is too large to be installed on the rim and hold 
any inflation pressure. Both the actually provided spare tire and a 
tire of the size indicated on the vehicle placard for the spare tire 
meet the FMVSS No. 110 loading requirements at the recommended cold 
inflation pressure stated on the vehicle placard. Both the originally 
installed spare tire and a spare tire of the size listed on the vehicle 
placard, when inflated to the labeled recommended cold inflation 
pressure, are appropriate to handle the vehicle maximum loads.
    MBUSA has additionally informed NHTSA that it has corrected future 
production and that all other required markings are present and 
correct.
    MBUSA is not aware of any incidents or customer complaints related 
to the noncompliant vehicle placard.
    MBUSA also expressed its belief that NHTSA has previously granted 
similar petitions.
    In summation, MBUSA believes that the described noncompliance of 
its vehicle placards regarding the spare tire size is inconsequential 
to motor vehicle safety, and that its petition, to exempt from 
providing recall notification of noncompliance as required by 49 U.S.C. 
30118 and remedying the recall noncompliance as required by 49 U.S.C. 
30120 should be granted.
    Comments: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket and notice number cited at the beginning of this notice and be 
submitted by any of the following methods:
    a. By mail addressed to: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
    b. By hand delivery to: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590. The Docket Section is open on 
weekdays from 10 a.m. to 5 p.m. except Federal Holidays.
    c. Electronically: by logging onto the Federal Docket Management 
System (FDMS) Web site at http://www.regulations.gov/. Follow the 
online instructions for submitting comments. Comments may also be faxed 
to 1-202-493-2251.
    Comments must be written in the English language, and be no greater 
than 15 pages in length, although there is no limit to the length of 
necessary attachments to the comments. If comments are submitted in 
hard copy form, please ensure that two copies are provided. If you wish 
to receive confirmation that your comments were received, please 
enclose a stamped, self-addressed postcard with the comments. Note that 
all comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
    Documents submitted to a docket may be viewed by anyone at the 
address and times given above. The documents may also be viewed on the 
Internet at http://www.regulations.gov by following the online 
instructions for accessing the dockets. DOT's complete Privacy Act 
Statement is available for review in the Federal Register published on 
April 11, 2000, (65 FR 19477-78).
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated below will 
be filed and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the extent possible. When the petition is granted or 
denied, notice of the decision will be published in the Federal 
Register pursuant to the authority indicated below.

[[Page 56700]]

    Comment Closing Date: October 15, 2012.

    Authority: 49 U.S.C. 30118, 30120: delegations of authority at 
CFR 1.50 and 501.8.

    Issued on: September 6, 2012.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2012-22559 Filed 9-12-12; 8:45 am]
BILLING CODE 4910-59-P