Mercedes-Benz USA, LLC, Grant of Petition for Decision of Inconsequential Noncompliance, 5640-5641 [2017-01006]
Download as PDF
5640
Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Notices
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
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition.
AGENCY:
II. Vehicles Involved
Mercedes-Benz USA, LLC
(MBUSA), has determined that certain
model year (MY) 2016 Mercedes GLClass 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:
SUMMARY:
mstockstill on DSK3G9T082PROD with NOTICES
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.
VerDate Sep<11>2014
17:41 Jan 17, 2017
Jkt 241001
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: https://www.regulations.gov/. Then
follow the online search instructions to
locate docket number ‘‘NHTSA–2016–
0092.’’
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:
PO 00000
Frm 00119
Fmt 4703
Sfmt 4703
(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.
E:\FR\FM\18JAN1.SGM
18JAN1
Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Notices
mstockstill on DSK3G9T082PROD with NOTICES
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
VerDate Sep<11>2014
17:41 Jan 17, 2017
Jkt 241001
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2016–0115; Notice 1]
BMW Group of America, LLC,
Incorporated, Receipt of Petition for
Decision of Inconsequential
Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
AGENCY:
BMW of North America, LLC
(BMW), has determined that certain
model year (MY) 2016–2017 BMW,
Mini, and Rolls-Royce vehicles do not
fully comply with Federal Motor
Vehicle Safety Standard (FMVSS) No.
209, Seat Belt Assemblies. BMW filed a
report dated October 13, 2016. BMW
also petitioned NHTSA on November 4,
2016, for a decision that the subject
noncompliance is inconsequential as it
relates to motor vehicle safety.
DATES: The closing date for comments
on the petition is February 17, 2017.
ADDRESSES: Interested persons are
invited to submit written data, views,
and arguments on this petition.
Comments must refer to the docket and
notice number cited in the title of this
notice and submitted by any of the
following methods:
• Mail: Send comments 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.
• Hand Delivery: Deliver comments
by hand 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.
• Electronically: Submit comments
electronically by logging onto the
Federal Docket Management System
(FDMS) Web site at https://
www.regulations.gov/. Follow the online
instructions for submitting comments.
• Comments may also be faxed to
(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 comments you have
SUMMARY:
PO 00000
Frm 00120
Fmt 4703
Sfmt 4703
5641
submitted by mail were received, please
enclose a stamped, self-addressed
postcard with the comments. Note that
all comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
All comments and supporting
materials received before the close of
business on the closing date indicated
above will be filed in the docket and
will be considered. All comments and
supporting materials received after the
closing date will also be filed and will
be considered to the fullest extent
possible.
When the petition is granted or
denied, notice of the decision will also
be published in the Federal Register
pursuant to the authority indicated at
the end of this notice.
All comments, background
documentation, and supporting
materials submitted to the docket may
be viewed by anyone at the address and
times given above. The documents may
also be viewed on the Internet at https://
www.regulations.gov by following the
online instructions for accessing the
dockets. The docket ID number for this
petition is shown in the heading of this
notice.
DOT’s complete Privacy Act
Statement is available for review in a
Federal Register notice published on
April 11, 2000, (65 FR 19477–78).
SUPPLEMENTARY INFORMATION:
I. Overview
BMW of North America, LLC (BMW),
has determined that certain model year
(MY) 2016–2017 BMW, Mini, and RollsRoyce vehicles do not fully comply with
paragraph 4.3(j)(2)(ii) of Federal Motor
Vehicle Safety Standard (FMVSS) No.
209, Seat Belt Assemblies. BMW filed a
report dated October 13, 2016, pursuant
to 49 CFR part 573, Defect and
Noncompliance Responsibility and
Reports. BMW also petitioned NHTSA
on November 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.
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.
II. Vehicles Involved
Approximately 15,630 of the
following MY 2016–2017 BMW, Mini,
and Rolls-Royce vehicles manufactured
E:\FR\FM\18JAN1.SGM
18JAN1
Agencies
[Federal Register Volume 82, Number 11 (Wednesday, January 18, 2017)]
[Notices]
[Pages 5640-5641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01006]
[[Page 5640]]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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: https://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