Mercedes-Benz USA, LLC, on Behalf of Daimler AG, Grant of Petition for Decision of Inconsequential Noncompliance, 43967-43968 [2013-17438]

Download as PDF Federal Register / Vol. 78, No. 140 / Monday, July 22, 2013 / Notices 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. Comment Closing Date: August 21, 2013. Authority: (49 U.S.C. 30118, 30120: delegations of authority at 49 CFR 1.95 and 501.8) Issued on: July 9, 2013. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. 2013–17427 Filed 7–19–13; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 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) and the rule implementing those provisions at 49 CFR Part 556, MBUSA has petitioned 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. Notice of receipt of the petition was published, with a 30day public comment period, on September 13, 2012 in the Federal Register (77 FR 56698). 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–2012–0115.’’ Contact Information: For further information on this decision contact Ms. Amina Fisher, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366–1018, facsimile (202) 366–5930. Vehicles Involved: Affected are approximately 1,479 MY 2012 Mercedes-Benz C-Class (204 platform) passenger vehicles manufactured between March and August 2011. Rule Text: Section S4.3(d) of FMVSS No. 110 specifically states: SUMMARY: 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. * * * 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. Summary of MBUSA’S Analyses: 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. 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 [Docket No. NHTSA–2012–0115; Notice 2] Mercedes-Benz USA, LLC, on Behalf of Daimler AG, Grant of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration, DOT. ACTION: Grant of petition . tkelley on DSK3SPTVN1PROD with NOTICES 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 (MY) 2012 Mercedes-Benz C-Class (204 platform) passenger cars manufactured 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 VerDate Mar<15>2010 17:15 Jul 19, 2013 Jkt 229001 PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 43967 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 the subject vehicles 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. NHTSA Decision: NHTSA has reviewed and accepts MBUSA’s analyses that the noncompliance is inconsequential to motor vehicle safety. MBUSA has provided sufficient documentation that other than the vehicle placard error, the vehicles comply with all other safety performance requirements of FMVSS No. 110. Since the correct information is provided in other locations, MBUSA has met its burden of persuasion. Accordingly, MBUSA’s petition is hereby granted, and MBUSA is exempted from the obligation of providing notification of, and a remedy for, that noncompliance under 49 U.S.C. 30118 and 30120. E:\FR\FM\22JYN1.SGM 22JYN1 43968 Federal Register / Vol. 78, No. 140 / Monday, July 22, 2013 / Notices 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 1,479 vehicles that MBUSA no longer controlled at the time it determined that a noncompliance existed. However, the granting of this petition does not relieve 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) Issued on: July 9, 2013. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. 2013–17438 Filed 7–19–13; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Research and Innovative Technology Administration [Docket ID Number RITA 2008–0002] Agency Information Collection; Activity Under OMB Review; Passenger Origin-Destination Survey Report Research & Innovative Technology Administration (RITA), Bureau of Transportation Statistics (BTS), DOT. ACTION: Notice. AGENCY: In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for extension of currently approved collections. The ICR describes the nature of the information collection and its expected burden. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on May 16, 2013 (78 FR 28943). No comments were received. DATES: Written comments should be submitted by August 21, 2013. tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:15 Jul 19, 2013 Jkt 229001 FOR FURTHER INFORMATION CONTACT: James Bouse, Office of Airline Information, RTS–42, Room E34–441, RITA, BTS, 1200 New Jersey Avenue SE., Washington, DC 20590–0001, Telephone Number (202) 366–4876, Fax Number (202) 366–3383 or EMAIL james.bouse@dot.gov. SUPPLEMENTARY INFORMATION: OMB Approval No. 2139–0001 Title: Passenger Origin-Destination Survey Report. Form No.: None. Type of Review: Extension of a currently approved collection. Respondents: Large certificated air carriers that provide scheduled passenger service. Number of Respondents: 30. Total Number of Annual Responses: 120. Estimated Time per Response: 210 hours. Total Annual Burden: 25,200 hours. Needs and Uses: Survey data are used in monitoring the airline industry, negotiating international agreements, reviewing requests for the grant of antitrust immunity for air carrier alliance agreements, selecting new international routes, selecting U.S. carriers to operate limited entry foreign routes, and modeling the spread of contagious diseases. The Passenger OriginDestination Survey Report is the only aviation data collection by DOT where the air carriers report the true origins and destinations of passengers’ flight itineraries. The Department does have another aviation data collection (T–100) which (1) gives passenger totals for citypairs served on a nonstop basis and (2) market totals for passengers traveling on a single flight number. If the passenger travels on multiple flight numbers, a new market is recorded for each change in flight number. The Confidential Information Protection and Statistical Efficiency Act of 2002 (44 U.S.C. 3501 note), requires a statistical agency to clearly identify information it collects for non-statistical purposes. BTS hereby notifies the respondents and the public that BTS uses the information it collects under this OMB approval for non-statistical purposes including, but not limited to, publication of both Respondent’s identity and its data, submission of the information to agencies outside BTS for review, analysis and possible use in regulatory and other administrative matters. ADDRESSES: Send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street NW., PO 00000 Frm 00121 Fmt 4703 Sfmt 9990 Washington, DC 20503, Attention BTS Desk Officer. Comments are invited on: whether the proposed collection of information is necessary for the proper performance of the functions of the Department. Comments should address whether the information will have practical utility; the accuracy of the Department’s estimate of the burden of the proposed information collection; ways to enhance the quality, utility and clarity of the information to be collected; and ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. Issued in Washington, DC, on July 16, 2013. William Chadwick, Director, Office of Airline Information. [FR Doc. 2013–17503 Filed 7–19–13; 8:45 am] BILLING CODE 4910–HY–P UNITED STATES INSTITUTE OF PEACE Notice of Meeting AGENCY: United States Institute of Peace. Monday, July 29, 2013 (9:30 a.m.–3:00 p.m.) DATE/TIME: 2301 Constitution Avenue NW., Washington, DC 20037. LOCATION: Open Session—Portions may be closed pursuant to Subsection (c) of Section 552(b) of Title 5, United States Code, as provided in subsection 1706(h)(3) of the United States Institute of Peace Act, Public Law 98–525. STATUS: July 29, 2013 Board Meeting; Approval of Minutes of the One Hundred Forty-Seventh Meeting (April 19, 2013) of the Board of Directors; Chairman’s Report; President’s Report; Status Reports; Strategic Plan; Board Executive Session; Other General Issues. AGENDA: Tessie F. Higgs, Executive Office, Telephone: (202) 429–3836. CONTACT: Dated: July 12, 2013. Michael Graham, Senior Vice President for Management, United States Institute of Peace. [FR Doc. 2013–17310 Filed 7–19–13; 8:45 am] BILLING CODE 6820–AR–M E:\FR\FM\22JYN1.SGM 22JYN1

Agencies

[Federal Register Volume 78, Number 140 (Monday, July 22, 2013)]
[Notices]
[Pages 43967-43968]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17438]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2012-0115; Notice 2]


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

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Grant of petition .

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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 (MY) 2012 Mercedes-Benz C-Class (204 platform) passenger 
cars manufactured 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) and the rule 
implementing those provisions at 49 CFR Part 556, MBUSA has petitioned 
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. Notice of receipt of the 
petition was published, with a 30-day public comment period, on 
September 13, 2012 in the Federal Register (77 FR 56698). 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-2012-0115.''
    Contact Information: For further information on this decision 
contact Ms. Amina Fisher, Office of Vehicle Safety Compliance, the 
National Highway Traffic Safety Administration (NHTSA), telephone (202) 
366-1018, facsimile (202) 366-5930.
    Vehicles Involved: Affected are approximately 1,479 MY 2012 
Mercedes-Benz C-Class (204 platform) passenger vehicles manufactured 
between March and August 2011.
    Rule Text: Section S4.3(d) of FMVSS No. 110 specifically 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.* * *
    (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 Analyses: 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.
    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 
the subject vehicles 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.
    NHTSA Decision: NHTSA has reviewed and accepts MBUSA's analyses 
that the noncompliance is inconsequential to motor vehicle safety. 
MBUSA has provided sufficient documentation that other than the vehicle 
placard error, the vehicles comply with all other safety performance 
requirements of FMVSS No. 110. Since the correct information is 
provided in other locations, MBUSA has met its burden of persuasion. 
Accordingly, MBUSA's petition is hereby granted, and MBUSA is exempted 
from the obligation of providing notification of, and a remedy for, 
that noncompliance under 49 U.S.C. 30118 and 30120.

[[Page 43968]]

    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 1,479 vehicles that MBUSA no longer controlled at 
the time it determined that a noncompliance existed. However, the 
granting of this petition does not relieve 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)

    Issued on: July 9, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-17438 Filed 7-19-13; 8:45 am]
BILLING CODE 4910-59-P