Mercedes-Benz USA, LLC, Grant of Petition for Decision of Inconsequential Noncompliance, 33547-33549 [2017-15255]
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Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Notices
Responsibility and Reports. MTI also
petitioned NHTSA on February 28,
2017, pursuant to 49 U.S.C. 30118(d)
and 30120(h) and 49 CFR part 556, and
revised its petition on April 29, 2017, to
obtain 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 MTI’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
226 MY 2017 Mack Pinnacle, Granite,
TerraPro and LR heavy duty trucks,
manufactured between August 15, 2016,
and December 12, 2016, are potentially
involved.
III. Noncompliance: MTI explains that
the noncompliance is that the wheels on
the subject vehicles incorrectly identify
the rim size as 24.5″ x 8.25″ instead of
22.5″ x 8.25″, and therefore do not meet
the requirements of paragraph S5.2(b) of
FMVSS No. 120. Specifically, the
marking error overstates the wheel
diameter by 2″.
IV. Rule Text: Paragraph S5.2 of
FMVSS No. 120 states:
asabaliauskas on DSKBBXCHB2PROD with NOTICES
S5.2 Rim marking. Each rim or, at the
option of the manufacturer in the case of a
single-piece wheel, wheel disc shall be
marked with the information listed in
paragraphs (a) through (e) of this paragraph,
in lettering not less than 3 millimeters high,
impressed to a depth or, at the option of the
manufacturer, embossed to a height of not
less than 0.125 millimeters. . .
(b) The rim size designation, and in case
of multipiece rims, the rim type designation.
For example: 20 x 5.50, or 20 x 5.5.
V. Summary of MTI’s Petition: MTI
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, MTI
referenced a letter to NHTSA, dated
December 5, 2016, from Arconic Wheel
and Transportation Products (Arconic),
which is the rim manufacturer, and
provided the following:
1. A 24.5″ tire will not seat on the rim;
therefore, if someone tries to mount a
24.5″ tire to the rim, it will not hold air
and therefore cannot be inflated.
2. When tires are replaced, the
technician will select the tire based on
the size and rating of the tire being
replaced. When Mack manufactured the
vehicle, the tire used was a 22.5″ (i.e.,
the correct size for the rim). Therefore,
the tires installed by Mack have the
correct size on the sidewall of the tire.
3. Mack is required to list the tires
size and inflation pressures on the
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18:50 Jul 19, 2017
Jkt 241001
certification label as required by 49 CFR
567. The information printed on the
label is the correct size, a 22.5″ tire and
reflects the tires that were installed
when manufactured. The certification
label is located inside the driver’s door
and can be easily accessed by the tire
installer.
MTI 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.
To view MTI’s petition analyses in its
entirety you can visit https://
www.regulations.gov by following the
online instructions for accessing the
dockets and by using the docket ID
number for this petition shown in the
heading of this notice.
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, any
decision on this petition only applies to
the subject vehicles that MTI no longer
controlled at the time it determined that
the noncompliance existed. However,
any decision on 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 MTI 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. 2017–15254 Filed 7–19–17; 8:45 am]
BILLING CODE 4910–59–P
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33547
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2016–0109; 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:
Mercedes-Benz USA, LLC
(MBUSA), has determined that certain
model year (MY) 2015–2016 MercedesBenz CLS-Class motor 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 Safety Recall Report
dated September 12, 2016. MBUSA also
petitioned NHTSA on October 4, 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 Kerrin Bressant,
Office of Vehicle Safety Compliance, the
National Highway Traffic Safety
Administration (NHTSA), telephone
(202) 366–1110, facsimile (202) 366–
5930.
SUMMARY:
SUPPLEMENTARY INFORMATION:
I. Overview
Mercedes-Benz USA, LLC (MBUSA),
has determined that certain model year
(MY) 2015–2016 Mercedes-Benz CLSClass motor vehicles do not fully
comply with paragraph S4.3(a) 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 September 12, 2016, pursuant to
49 CFR part 573, Defect and
Noncompliance Responsibility and
Reports. MBUSA also petitioned
NHTSA on October 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.
Notice of receipt of the petition was
published, with a 30-day public
comment period on December 20, 2016,
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33548
Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Notices
in the Federal Register (81 FR 92964).
No comments were received. To view
the petition and all supporting
documents log onto the Federal Docket
Management System (FDMS) Web page
at: https://www.regulations.gov/. Then
follow the online search instruction to
locate docket number ‘‘NHTSA–2016–
0109.’’
II. Vehicles Involved
Approximately 6,773 MY 2015–2016
Mercedes-Benz CLS 400 and MercedesBenz CLS 400 4MATIC motor vehicles
manufactured between May 23, 2014
and April 21, 2016, are potentially
involved.
III. Noncompliance
MBUSA explains that the
noncompliance is that the subject
vehicles have tire and loading
information placards affixed to their Bpillars that incorrectly identify the
maximum combined weight of
occupants and cargo. Specifically, the
Mercedes CLS 400 was manufactured
with a tire and loading information
placard that identifies a maximum
combined weight of 420 kilograms (926
pounds) and the Mercedes CLS 400
4MATIC was manufactured with a tire
and loading information placard that
identifies a maximum combined weight
of 355 kilograms (783 pounds).
However, the maximum combined
weight of occupants and cargo should
be 315 kilograms (694 pounds) for the
Mercedes CLS 400 and 325 kg (717
pounds) for the CLS 400 4MATIC.
Therefore, the vehicles do not comply
with paragraph S4.3 of FMVSS No. 110.
IV. Rule Text
Paragraph S4.3 of FMVSS No. 110
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),
asabaliauskas on DSKBBXCHB2PROD with NOTICES
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
submitted the following reasoning:
(a) The tires originally equipped on
the subject vehicles are able to carry the
additional weight indicated on the tire
and loading information placard.
Further, the tire pressure detailed on the
placard is sufficient to carry those
weights. The maximum tire and vehicle
load information detailed in the table
below demonstrates that the tire is
designed to carry a higher load than that
which was incorrectly set out on the tire
label:
Maximum tire
load
(lbs)
Tire dimension
18″
18″
19″
19″
on a placard permanently affixed to the
driver’s side B-pillar. . . .
(a) Vehicle capacity weight expressed as
‘‘The combined weight of occupants and
cargo should never exceed XXX kilograms or
XXX pounds
front .......................................................................................................................................
rear ........................................................................................................................................
front .......................................................................................................................................
rear ........................................................................................................................................
(b) Should the driver follow the
maximum combined weight of
occupants and cargo displayed on the
tire and information placard, motor
vehicle safety is not negatively
impacted. The vehicle platform
(including chassis and axles) serves
other CLS vehicle lines and is designed
for vehicles with a higher gross vehicle
weight rating (‘‘GVWR’’). The platform
therefore can handle the potential
additional weight.
(c) Subject vehicles are equipped with
the B-pillar certification information
label in accordance with 49 CFR part
567 indicating a GVWR of 2260
kilograms (4982 pounds) for vehicle
type 218.365, the CLS 400, and a GVWR
of 2330 kg (5137 pounds) for vehicle
type 218.367, the CLS 400 4MATIC. The
GVWR information detailed on the Bpillar certification information label is
correct. Therefore, the driver can refer to
this alternative source of information in
order to determine the correct maximum
load weight of the vehicle.
(d) After identifying the potentially
incorrect values in the tire label,
Daimler AG (DAG) analyzed potential
technical implications, specifically with
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18:50 Jul 19, 2017
Jkt 241001
respect to the requirements of FMVSS
No. 110, including potential effects on
axles, suspension, brakes, driving
dynamic, and crashworthiness. Based
on this analysis, an impact on steering,
braking or other vehicle dynamics as a
result of the tire label weight
discrepancy can be excluded.
(e) Moreover, MBUSA is not aware of
any customer complaints, accidents or
injuries alleged to have occurred as a
result of this non-compliance. Hence,
field data supports the assertion that the
issue described above will have an
inconsequential impact on safety.
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: FMVSS No. 110
specifies requirements for tire selection
to prevent tire overload. The intent of
the standard is to ensure that vehicles
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1708
1609
1565
1653
Maximum vehicle load
(per tire)
CLS 400
(lbs)
1243
1256
1243
1256
CLS 400
4MATIC
(lbs)
1289
1278
1289
1278
are equipped with tires appropriate to
handle the vehicle manufacturer’s
designed maximum vehicle weight.
The maximum weight of a vehicle is
determined by adding to the vehicle the
manufacturer specified maximum
weight of occupants and cargo. FMVSS
No. 110, paragraph 4.3(a) requires that
vehicles be labeled with a ‘‘Vehicle
Capacity Weight (VCW)’’ value which is
the specified maximum occupant and
cargo weight that can be loaded into a
vehicle. This value is equal to 68 kgs
times the vehicle’s designated seating
capacity plus the rated cargo/payload of
the vehicle. FMVSS No. 110, (S4.2.1.1
and S4.3.4(b)), requires that the vehicle
maximum load on the tire shall not be
greater than the applicable maximum
load rating as marked on the sidewall of
the tire or greater than the load rating of
the tire at the manufacturer specified
cold inflation pressure listed on the tire
and loading information placard.
For the subject vehicles, MBUSA
noted that the VCW values on the
placards are incorrect. The tire and
information placard on the CLS 400
model vehicle specifies a 420 kg VCW
which should have been 315 kg, an
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asabaliauskas on DSKBBXCHB2PROD with NOTICES
Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Notices
increase of 105 kg. The label on the CLS
400 4MATIC model vehicle specifies a
355 kg VCW which should have been
325 kg, an increase of 30 kg. These
errors could cause a consumer to load
the subject vehicles beyond their
original design specifications.
In its’ petition, MBUSA provided an
analysis indicating the mounted tires on
the subject vehicles are sufficient for
carrying the maximum vehicle loads
derived from the higher, incorrect, VCW
values. For the CLS 400 vehicles the
analysis indicates the tire load carrying
capabilities exceed the maximum tire
load by at least 147 kg (710 kg tire load
rating minus 563 kg maximum tire
load). For the CLS 400 4MATIC vehicles
the analysis indicates the tire load
carrying capabilities exceed the
maximum tire load by at least 125 kg
(709 kg tire load rating minus 584 kg
maximum tire load). NHTSA verified
the tire load ratings specified by
MBUSA in accordance with the
European Tyre and Rim Technical
Organisation (ETRTO) manual. As
shown by MBUSA, the tire capacities
are more than adequate to handle the
additional weight of the higher VCW
values. MBUSA’s analysis shows that
the tires mounted on the subject
vehicles exceed the load requirements
of FMVSS No. 110.
MBUSA also mentioned that the
certification labels affixed to the subject
vehicles provide the vehicle’s gross axle
weight ratings (GAWRs) and the gross
vehicle weight rating (GVWR)in
accordance with 49 CFR 567,
Certification. MBUSA stated that the
GAWRs and GVWR values provided on
the subject vehicles are correct as
labeled. These ratings are established by
the vehicle manufacturer and provided
as an alternative source of information
consumers can use to ensure a vehicle
and its’ axles are not overloaded.
Vehicle manufacturers specify that these
ratings should not be exceeded when
loading any vehicle. The agency
reviewed the maximum loads on the
axles and vehicles, using the higher
labeled VCW values, against the
certified GAWRs and GVWR of the
subject vehicles. For the CLS 400
4MATIC vehicles, maximum loads were
well below the GAWR and GVWR
values. For the CLS 400 vehicles, the
maximum loads are essentially at the
certified GAWRs and GVWR values.
MBUSA also stated in its petition that
the platform (chassis and axles) utilized
on the subject vehicles is used with
other CLS vehicle lines and is designed
for vehicles with higher GVWRs. It
appears from this analysis the subject
vehicles can safely accommodate the
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18:50 Jul 19, 2017
Jkt 241001
higher VCW loads without overload
concerns.
No comments were received during
the receipt notice comment period.
NHTSA Decision: In consideration of
the foregoing, NHTSA finds that
MBUSA has met its burden of
persuasion that the FMVSS No. 110
noncompliance is inconsequential as it
relates to motor vehicle safety.
Accordingly, MBUSA’s petition is
hereby granted and MBUSA is
exempted from the obligation to provide
notification of, and a 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 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. 2017–15255 Filed 7–19–17; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2017–0015; Notice 1]
Volvo Trucks North America, Receipt
of Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
AGENCY:
Volvo Trucks North America
(VTNA), has determined that certain
model year (MY) 2017 Volvo VNL and
2017 Volvo VNM heavy duty trucks do
not fully comply with Federal Motor
SUMMARY:
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33549
Vehicle Safety Standard (FMVSS) No.
120, Tire selection and rims and motor
home/recreation vehicle trailer load
carrying capacity information for motor
vehicles with a GVWR of more than
4,536 kilograms (10,000 pounds). VTNA
filed a noncompliance information
report dated February 9, 2017. VTNA
also petitioned NHTSA on February 28,
2017, and revised its petition on April
29, 2017, 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 August 21, 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
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.
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]]>Agencies
[Federal Register Volume 82, Number 138 (Thursday, July 20, 2017)]
[Notices]
[Pages 33547-33549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15255]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2016-0109; 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) 2015-2016 Mercedes-Benz CLS-Class motor 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 Safety Recall
Report dated September 12, 2016. MBUSA also petitioned NHTSA on October
4, 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 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) 2015-2016 Mercedes-Benz CLS-Class motor vehicles do not fully
comply with paragraph S4.3(a) 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 September 12, 2016, pursuant to 49 CFR part 573, Defect
and Noncompliance Responsibility and Reports. MBUSA also petitioned
NHTSA on October 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.
Notice of receipt of the petition was published, with a 30-day
public comment period on December 20, 2016,
[[Page 33548]]
in the Federal Register (81 FR 92964). No comments were received. To
view the petition and all supporting documents log onto the Federal
Docket Management System (FDMS) Web page at: https://www.regulations.gov/. Then follow the online search instruction to
locate docket number ``NHTSA-2016-0109.''
II. Vehicles Involved
Approximately 6,773 MY 2015-2016 Mercedes-Benz CLS 400 and
Mercedes-Benz CLS 400 4MATIC motor vehicles manufactured between May
23, 2014 and April 21, 2016, are potentially involved.
III. Noncompliance
MBUSA explains that the noncompliance is that the subject vehicles
have tire and loading information placards affixed to their B-pillars
that incorrectly identify the maximum combined weight of occupants and
cargo. Specifically, the Mercedes CLS 400 was manufactured with a tire
and loading information placard that identifies a maximum combined
weight of 420 kilograms (926 pounds) and the Mercedes CLS 400 4MATIC
was manufactured with a tire and loading information placard that
identifies a maximum combined weight of 355 kilograms (783 pounds).
However, the maximum combined weight of occupants and cargo should be
315 kilograms (694 pounds) for the Mercedes CLS 400 and 325 kg (717
pounds) for the CLS 400 4MATIC. Therefore, the vehicles do not comply
with paragraph S4.3 of FMVSS No. 110.
IV. Rule Text
Paragraph S4.3 of FMVSS No. 110 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. . . .
(a) Vehicle capacity weight expressed as ``The combined weight
of occupants and cargo should never exceed XXX kilograms or XXX
pounds
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 submitted the following
reasoning:
(a) The tires originally equipped on the subject vehicles are able
to carry the additional weight indicated on the tire and loading
information placard. Further, the tire pressure detailed on the placard
is sufficient to carry those weights. The maximum tire and vehicle load
information detailed in the table below demonstrates that the tire is
designed to carry a higher load than that which was incorrectly set out
on the tire label:
----------------------------------------------------------------------------------------------------------------
Maximum vehicle load (per
tire)
Tire dimension Maximum tire -------------------------------
load (lbs) CLS 400 4MATIC
CLS 400 (lbs) (lbs)
----------------------------------------------------------------------------------------------------------------
18'' front...................................................... 1708 1243 1289
18'' rear....................................................... 1609 1256 1278
19'' front...................................................... 1565 1243 1289
19'' rear....................................................... 1653 1256 1278
----------------------------------------------------------------------------------------------------------------
(b) Should the driver follow the maximum combined weight of
occupants and cargo displayed on the tire and information placard,
motor vehicle safety is not negatively impacted. The vehicle platform
(including chassis and axles) serves other CLS vehicle lines and is
designed for vehicles with a higher gross vehicle weight rating
(``GVWR''). The platform therefore can handle the potential additional
weight.
(c) Subject vehicles are equipped with the B-pillar certification
information label in accordance with 49 CFR part 567 indicating a GVWR
of 2260 kilograms (4982 pounds) for vehicle type 218.365, the CLS 400,
and a GVWR of 2330 kg (5137 pounds) for vehicle type 218.367, the CLS
400 4MATIC. The GVWR information detailed on the B-pillar certification
information label is correct. Therefore, the driver can refer to this
alternative source of information in order to determine the correct
maximum load weight of the vehicle.
(d) After identifying the potentially incorrect values in the tire
label, Daimler AG (DAG) analyzed potential technical implications,
specifically with respect to the requirements of FMVSS No. 110,
including potential effects on axles, suspension, brakes, driving
dynamic, and crashworthiness. Based on this analysis, an impact on
steering, braking or other vehicle dynamics as a result of the tire
label weight discrepancy can be excluded.
(e) Moreover, MBUSA is not aware of any customer complaints,
accidents or injuries alleged to have occurred as a result of this non-
compliance. Hence, field data supports the assertion that the issue
described above will have an inconsequential impact on safety.
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: FMVSS No. 110 specifies requirements for tire
selection to prevent tire overload. The intent of the standard is to
ensure that vehicles are equipped with tires appropriate to handle the
vehicle manufacturer's designed maximum vehicle weight.
The maximum weight of a vehicle is determined by adding to the
vehicle the manufacturer specified maximum weight of occupants and
cargo. FMVSS No. 110, paragraph 4.3(a) requires that vehicles be
labeled with a ``Vehicle Capacity Weight (VCW)'' value which is the
specified maximum occupant and cargo weight that can be loaded into a
vehicle. This value is equal to 68 kgs times the vehicle's designated
seating capacity plus the rated cargo/payload of the vehicle. FMVSS No.
110, (S4.2.1.1 and S4.3.4(b)), requires that the vehicle maximum load
on the tire shall not be greater than the applicable maximum load
rating as marked on the sidewall of the tire or greater than the load
rating of the tire at the manufacturer specified cold inflation
pressure listed on the tire and loading information placard.
For the subject vehicles, MBUSA noted that the VCW values on the
placards are incorrect. The tire and information placard on the CLS 400
model vehicle specifies a 420 kg VCW which should have been 315 kg, an
[[Page 33549]]
increase of 105 kg. The label on the CLS 400 4MATIC model vehicle
specifies a 355 kg VCW which should have been 325 kg, an increase of 30
kg. These errors could cause a consumer to load the subject vehicles
beyond their original design specifications.
In its' petition, MBUSA provided an analysis indicating the mounted
tires on the subject vehicles are sufficient for carrying the maximum
vehicle loads derived from the higher, incorrect, VCW values. For the
CLS 400 vehicles the analysis indicates the tire load carrying
capabilities exceed the maximum tire load by at least 147 kg (710 kg
tire load rating minus 563 kg maximum tire load). For the CLS 400
4MATIC vehicles the analysis indicates the tire load carrying
capabilities exceed the maximum tire load by at least 125 kg (709 kg
tire load rating minus 584 kg maximum tire load). NHTSA verified the
tire load ratings specified by MBUSA in accordance with the European
Tyre and Rim Technical Organisation (ETRTO) manual. As shown by MBUSA,
the tire capacities are more than adequate to handle the additional
weight of the higher VCW values. MBUSA's analysis shows that the tires
mounted on the subject vehicles exceed the load requirements of FMVSS
No. 110.
MBUSA also mentioned that the certification labels affixed to the
subject vehicles provide the vehicle's gross axle weight ratings
(GAWRs) and the gross vehicle weight rating (GVWR)in accordance with 49
CFR 567, Certification. MBUSA stated that the GAWRs and GVWR values
provided on the subject vehicles are correct as labeled. These ratings
are established by the vehicle manufacturer and provided as an
alternative source of information consumers can use to ensure a vehicle
and its' axles are not overloaded. Vehicle manufacturers specify that
these ratings should not be exceeded when loading any vehicle. The
agency reviewed the maximum loads on the axles and vehicles, using the
higher labeled VCW values, against the certified GAWRs and GVWR of the
subject vehicles. For the CLS 400 4MATIC vehicles, maximum loads were
well below the GAWR and GVWR values. For the CLS 400 vehicles, the
maximum loads are essentially at the certified GAWRs and GVWR values.
MBUSA also stated in its petition that the platform (chassis and axles)
utilized on the subject vehicles is used with other CLS vehicle lines
and is designed for vehicles with higher GVWRs. It appears from this
analysis the subject vehicles can safely accommodate the higher VCW
loads without overload concerns.
No comments were received during the receipt notice comment period.
NHTSA Decision: In consideration of the foregoing, NHTSA finds that
MBUSA has met its burden of persuasion that the FMVSS No. 110
noncompliance is inconsequential as it relates to motor vehicle safety.
Accordingly, MBUSA's petition is hereby granted and MBUSA is exempted
from the obligation to provide notification of, and a 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 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. 2017-15255 Filed 7-19-17; 8:45 am]
BILLING CODE 4910-59-P
