Daimler Vans USA, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance, 48702-48704 [2019-19918]

Download as PDF 48702 Federal Register / Vol. 84, No. 179 / Monday, September 16, 2019 / Notices government entity acting on behalf of such user) regarding cessation of service over the Line either is pending with the Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of complainant within the two-year period; and (4) the applicable requirements at 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(l) (notice to governmental agencies) have been met. Any employee of ESPN adversely affected by the discontinuance of service shall be protected under Oregon Short Line Railroad—Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) 1 to subsidize continued rail service has been received, this exemption will be effective on October 16, 2019, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues and formal expressions of intent to file an OFA to subsidize continued rail service under 49 CFR 1152.27(c)(2) 2 must be filed by September 26, 2019. 3 Petitions for reconsideration must be filed by October 7, 2019, with the Surface Transportation Board, 395 E Street SW, Washington, DC 20423–0001. A copy of any petition filed with the Board should be sent to ESPN’s representatives, William A. Mullins and Crystal M. Zorbaugh, Baker & Miller PLLC, 2401 Pennsylvania Ave. NW, Suite 300, Washington, DC 20037. If the verified notice contains false or misleading information, the exemption is void ab initio. Board decisions and notices are available at www.stb.gov. jspears on DSK3GMQ082PROD with NOTICES Decided: September 11, 2019. 1 Persons interested in submitting an OFA to subsidize continued rail service must first file a formal expression of intent to file an offer, indicating the intent to file an OFA for subsidy and demonstrating that they are preliminarily financially responsible. See 49 CFR 1152.27(c)(2)(i). 2 The filing fee for OFAs can be found at 49 CFR 1002.2(f)(25). 3 Because this is a discontinuance proceeding and not an abandonment, trail use/rail banking and public use conditions are not appropriate. Because there will be an environmental review during abandonment, this discontinuance does not require environmental review. VerDate Sep<11>2014 18:14 Sep 13, 2019 Jkt 247001 By the Board, Allison C. Davis, Director, Office of Proceedings. Andrea Pope-Matheson, Clearance Clerk. [FR Doc. 2019–19938 Filed 9–13–19; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2018–0106 Notice 1] Daimler Vans USA, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. AGENCY: Daimler Vans USA, LLC, (Daimler Vans) on behalf of Daimler AG (DAG) has determined that certain model year (MY) 2016–2018 MercedesBenz Metris vans 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. Daimler Vans filed a noncompliance report dated October 24, 2018, and later amended it on November 9, 2018. Daimler Vans also petitioned NHTSA on November 9, 2018, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This document announces receipt of the Daimler Vans petition. DATES: The closing date for comments on the petition is October 16, 2019. ADDRESSES: Interested persons are invited to submit written data, views, and arguments on this petition. Comments must refer to the docket number cited in the title of this notice and may be submitted by any of the following methods: • Mail: Send comments by mail addressed to the 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 the 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 for Federal Holidays. SUMMARY: PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 • Electronically: Submit comments electronically by logging onto the Federal Docket Management System (FDMS) website 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. 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: Daimler Vans has determined that certain MY 2016–2018 Mercedes-Benz Metris vans do not fully comply with FMVSS No. 110, Tire Selection and Rims and Motor Home/ Recreation Vehicle Trailer Load Carrying Capacity Information for Motor Vehicles with a GVWR of 4,536 kilograms (10,000 pounds) or Less (49 CFR 571.110). Daimler Vans filed a noncompliance report dated October 24, 2018, and later amended it on November 9, 2018, pursuant to 49 CFR part 573, Defect and Noncompliance E:\FR\FM\16SEN1.SGM 16SEN1 jspears on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 84, No. 179 / Monday, September 16, 2019 / Notices Responsibility and Reports. Daimler Vans also petitioned NHTSA on November 9, 2018, for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential as it relates to motor vehicle safety, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, Exemption for Inconsequential Defect or Noncompliance. This notice of receipt, of the Daimler Vans petition, is published under 49 U.S.C. 30118 and 30120 and does not represent any agency decision or other exercises of judgment concerning the merits of the petition. II. Vehicles Involved: Approximately 24,438 MY 2016–2018 Mercedes BenzMetris vans, manufactured between June 1, 2016, and September 28, 2018, are potentially involved. III. Noncompliance: The purpose of FMVSS No. 110 is to ensure that each vehicle is equipped with tires and rims that are appropriate to carry up to the maximum weight of the vehicle in order to prevent vehicle overloading. Manufacturers are permitted to install passenger car tires on an MPV, truck, bus or trailer. However, when passenger car tires are used in one of these other light vehicle applications, paragraph S4.2.2.2 of FMVSS No. 110, provides that each tire’s maximum load rating is to be divided by 1.10 before the manufacturer determines the maximum load ratings of the tires fitted to each axle. Specifically, the subject vehicles were certified with a maximum load rating of 775 kg (1708 pounds) per tire or 1,550 kg (3417 pounds) combined per axle, however, after dividing the maximum load rating by 1.10, the tires on the subject vehicles have a maximum load rating of 750 kg (1653 pounds) per tire and 1500 kg (3307 pounds) per axle—values below the GAWR for the front and rear axles. IV. Rule Requirements: Paragraph S4.2.2.2 of FMVSS No. 110 includes the requirement relevant to this petition. When passenger car tires are installed on an MPV, truck, bus, or trailer, each tire’s load rating is reduced by dividing it by 1.10 before determining, under paragraph S4.2.2.1, the sum of the maximum load ratings of the tires fitted to an axle. V. Summary of Petition: Daimler Vans 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, Daimler Vans USA, LLC submitted the following reasoning: 1. There is no safety risk posed with this noncompliance because the tires are VerDate Sep<11>2014 18:14 Sep 13, 2019 Jkt 247001 designed to carry significantly more than the GAWR listed on the certification label. 2. The Metris vans also have installed the same tire size as the Metris vans sold in Europe that have the same axle weight ratings and those vehicles have performed without incident for years. 3. Despite the discrepancy in calculating the maximum load rating, the Metris vans are more than able to accommodate additional weight loaded onto the vehicle. Per the specifications provided by the tire supplier, based on the tire’s load index rating of 101, each tire, in fact, has a maximum load rating of 825 kg (1,818 pounds) per tire and a combined maximum load rating of 1,650 kg (3,637 pounds) per axle. Thus, the tires were designed and manufactured to safely and effectively manage weights that are well beyond the GAWR for each axle. 4. The GAWR listed on the vehicle certification label is accurate so that a consumer relying on and following the values for the front and rear GAWR, for purposes of vehicle loading, would not be at risk of overloading the axles. 5. The tires on the Metris vans have a payload reserve of 6.5 percent at a load of 1,550 kg per axle, which is slightly below the payload reserve of 10 percent specified by FMVSS No. 110. Moreover, the tire pressure specified for each tire on the Metris Van is at least 11% higher (tire pressure reserve) then the ETRTO recommended tire pressure. This tire pressure reserve reduces the stress on the tire, due to reduced deflection of the tire under load. 6. Further, the Metris vans are equipped with a standard tire pressure monitoring system (TPMS) that is compliant with FMVSS No. 138. Depending on the severity of the loss of tire pressure, the Metris vans display one of three specialized TPMS warnings in the instrument panel advising the operator of the loss of pressure and how quickly the operator should take corrective action. If the tires were to experience a loss of tire pressure, the driver would be alerted to this condition and could take appropriate measures. Thus, if there were to be a loss of tire pressure, consistent with the standard, the TPMS system would warn the operator. 7. After identifying the discrepancy in the values listed on the tire and loading information placard, DAG reviewed what, if any, impact there could be on various vehicle systems that could potentially be affected by the discrepancy. This review considered the effect on steering, breaking, axle strength, and crashworthiness if the operator loaded the vehicle to the PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 48703 maximum amount listed on the tire and loading information placard. As a result of the review, DAG was able to confirm that the discrepancy will not adversely impact any of these systems or otherwise diminish the performance or crashworthiness of the Metris vans. 8. DAG is not aware of any consumer complaints or reports of accidents or injuries related to overloading the vehicles that could reasonably be related to not derating the reinforced passenger car tires prior to certification. In addition, Metris vans sold in Europe are equipped with tires that are the same size and the vehicles have the same axle weight ratings. The European vehicles have similarly performed without incident. 9. The agency has previously granted petitions for inconsequential noncompliance involving similar inconsistencies involving tire maximum load ratings. In 2017, the agency granted a petition for inconsequential noncompliance where a manufacturer had incorrectly overstated the maximum occupant and cargo weight on the tire and loading information placard, by a total of 30 kg. Although on its face, this discrepancy would have appeared to have led consumers to potentially overload the vehicle, the agency concluded that when the vehicle was loaded to the value listed on the placard, the specific tires installed on the vehicles were nonetheless technically capable of handling the overstated weight and cargo. In this instance, for one vehicle variation, the maximum loads were below the GAWR and gross vehicle weight rating (GVWR) and for another vehicle variation, the maximum loads were ‘‘essentially at the certified GAWR and GVWR values.’’ The agency concluded that the tires were ‘‘more than adequate’’ to manage the additional vehicle and cargo weight and that the vehicles could safely manage the additional weight without overload concerns. See 82 FR 33547 (July 20, 2017) (grant of petition for inconsequential noncompliance by Mercedes-Benz USA, LLC). 10. The noncompliance at issue here is similar to the above petition. In this case, there is also little concern of vehicle overloading because the specifications for the tires installed on the Metris vans are technically capable of managing the additional weight even without the reinforced passenger car tires having been derated. Daimler Vans 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 E:\FR\FM\16SEN1.SGM 16SEN1 48704 Federal Register / Vol. 84, No. 179 / Monday, September 16, 2019 / Notices 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. The Daimler Vans complete petition and all supporting documents are available by logging onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov and following the online search instructions to locate the docket number listed in the title 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 Daimler Vans 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 Daimler Vans 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. Otto G. Matheke III, Director, Office of Vehicle Safety Compliance. [FR Doc. 2019–19918 Filed 9–13–19; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF THE TREASURY Office of Foreign Assets Control Issuance of Russia-Related Directive Pursuant to Executive Order 13883 of August 1, 2019 Office of Foreign Assets Control, Treasury. ACTION: Issuance of directive. AGENCY: The Department of the Treasury’s Office of Foreign Assets Control (OFAC) has issued a RussiaRelated Directive under Executive Order 13883 of August 1, 2019. DATES: OFAC’s action described in this notice was effective on August 26, 2019. FOR FURTHER INFORMATION CONTACT: OFAC: Associate Director for Global Targeting, 202–622–2420; Assistant Director for Licensing, 202–622–2480; jspears on DSK3GMQ082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:14 Sep 13, 2019 Jkt 247001 Assistant Director for Regulatory Affairs, 202–622–4855; or Assistant Director for Sanctions Compliance & Evaluation, 202–622–2490. SUPPLEMENTARY INFORMATION: On August 6, 2018, the Secretary of State, acting pursuant to delegated authority under section 306(a) of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991, as amended, 22 U.S.C. 5601 et seq. (CBW Act), determined that the Government of the Russian Federation (Russia) had used chemical weapons in violation of international law or had used lethal chemical weapons against its own nationals. On August 27, 2018, pursuant to his August 6, 2018 determination, the Secretary of State imposed an initial round of sanctions on Russia (83 FR 43723, August 27, 2018). Section 307(b)(1) of the CBW Act requires the imposition of additional sanctions on Russia unless, within three months after making such a determination, the Secretary of State finds Russia has met certain conditions. On November 6, 2018, the Secretary of State found that Russia had not met the required conditions. On August 2, 2019, the Secretary of State selected three additional sanctions to impose on Russia (84 FR 44671, August 26, 2019). On August 1, 2019, the President, invoking the authority of, inter alia, the International Emergency Economic Powers Act (50 U.S.C. 1701–1706) (IEEPA) and the CBW Act, issued Executive Order (E.O.) 13883 (‘‘Administration of Proliferation Sanctions and Amendment of Executive Order 12851’’) (84 FR 38113, August 5, 2019). The President issued E.O. 13883 in order to take additional steps with respect to the national emergency described and declared in Executive Order 12938 of November 14, 1994, as amended by and relied on for additional steps in subsequent Executive Orders. In E.O. 13883, the President directed the Secretary of the Treasury, in consultation with the Secretary of State, to take the following actions when necessary to implement certain sanctions set forth in E.O. 13883 and section 307(b)(2) of the CBW Act selected for imposition on a country by the President or the Secretary of State pursuant to section 307(b)(1) of the CBW Act: (i) Oppose, in accordance with section 701 of the International Financial Institutions Act (22 U.S.C. 262d), the extension of any loan or financial or technical assistance to that country by international financial institutions; and (ii) prohibit any United States bank from making any loan or providing any credit to the government PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 of that country, except for loans or credits for the purpose of purchasing food or other agricultural commodities or products. Accordingly, on August 2, 2019, pursuant to the Secretary of State’s August 2, 2019 decision to impose additional sanctions on Russia, E.O. 13883, and the Weapons of Mass Destruction Proliferators Sanctions Regulations, 31 CFR 544.802, the Director of OFAC issued the RussiaRelated Directive Under Executive Order 13883 of August 1, 2019 (CBW Act Directive). OFAC made the CBW Act Directive available on its website on August 3, 2019. OFAC is publishing the CBW Act Directive in the Federal Register, updated to include the number of the Executive Order of August 1, 2019. Russia–Related Directive Under Executive Order of August 1, 2019 (‘‘CBW Act Directive’’) Pursuant to sections 1(a)(ii), 1(b), and 5 of Executive Order 13883 of August 1, 2019 ‘‘Administration of Proliferation Sanctions and Amendment of Executive Order 12851’’ (the ‘‘Order’’) and 31 CFR 544.802, and following the Secretary of State’s selection of the sanction related to bank loans pursuant to delegated authority under section 307(b) of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991, as amended (22 U.S.C. 5605(b)), the Director of the Office of Foreign Assets Control has determined, in consultation with the Department of State, that the following activities by a U.S. bank, as defined below, including foreign branches, are prohibited, except to the extent provided by law or unless licensed or otherwise authorized by the Office of Foreign Assets Control: (1) Participation in the primary market for non-ruble denominated bonds issued by the Russian sovereign, as defined below, after August 26, 2019; and (2) lending non-ruble denominated funds to the Russian sovereign, as defined below, after August 26, 2019. For purposes of this Directive, the term ‘‘U.S. bank’’ means, consistent with the Order and 31 CFR 544.311, any entity organized under the laws of the United States or any jurisdiction within the United States (including its foreign branches), or any entity in the United States, that is engaged in the business of accepting deposits, making, granting, transferring, holding, or brokering loans or credits, or purchasing or selling foreign exchange, securities, commodity futures, or options, or procuring purchasers and sellers thereof, as principal or agent. The term ‘‘U.S. bank’’ includes but is not limited to E:\FR\FM\16SEN1.SGM 16SEN1

Agencies

[Federal Register Volume 84, Number 179 (Monday, September 16, 2019)]
[Notices]
[Pages 48702-48704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19918]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2018-0106 Notice 1]


Daimler Vans USA, LLC, Receipt of Petition for Decision of 
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Receipt of petition.

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

SUMMARY: Daimler Vans USA, LLC, (Daimler Vans) on behalf of Daimler AG 
(DAG) has determined that certain model year (MY) 2016-2018 Mercedes-
Benz Metris vans 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. 
Daimler Vans filed a noncompliance report dated October 24, 2018, and 
later amended it on November 9, 2018. Daimler Vans also petitioned 
NHTSA on November 9, 2018, for a decision that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety. 
This document announces receipt of the Daimler Vans petition.

DATES: The closing date for comments on the petition is October 16, 
2019.

ADDRESSES: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket number cited in the title of this notice and may be submitted by 
any of the following methods:
     Mail: Send comments by mail addressed to the 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 the 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 for Federal Holidays.
     Electronically: Submit comments electronically by logging 
onto the Federal Docket Management System (FDMS) website 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.
    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: Daimler Vans has determined that certain MY 2016-2018 
Mercedes-Benz Metris vans do not fully comply with FMVSS No. 110, Tire 
Selection and Rims and Motor Home/Recreation Vehicle Trailer Load 
Carrying Capacity Information for Motor Vehicles with a GVWR of 4,536 
kilograms (10,000 pounds) or Less (49 CFR 571.110). Daimler Vans filed 
a noncompliance report dated October 24, 2018, and later amended it on 
November 9, 2018, pursuant to 49 CFR part 573, Defect and Noncompliance

[[Page 48703]]

Responsibility and Reports. Daimler Vans also petitioned NHTSA on 
November 9, 2018, for an exemption from the notification and remedy 
requirements of 49 U.S.C. Chapter 301 on the basis that this 
noncompliance is inconsequential as it relates to motor vehicle safety, 
pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, 
Exemption for Inconsequential Defect or Noncompliance.
    This notice of receipt, of the Daimler Vans petition, is published 
under 49 U.S.C. 30118 and 30120 and does not represent any agency 
decision or other exercises of judgment concerning the merits of the 
petition.
    II. Vehicles Involved: Approximately 24,438 MY 2016-2018 Mercedes 
Benz-Metris vans, manufactured between June 1, 2016, and September 28, 
2018, are potentially involved.
    III. Noncompliance: The purpose of FMVSS No. 110 is to ensure that 
each vehicle is equipped with tires and rims that are appropriate to 
carry up to the maximum weight of the vehicle in order to prevent 
vehicle overloading. Manufacturers are permitted to install passenger 
car tires on an MPV, truck, bus or trailer. However, when passenger car 
tires are used in one of these other light vehicle applications, 
paragraph S4.2.2.2 of FMVSS No. 110, provides that each tire's maximum 
load rating is to be divided by 1.10 before the manufacturer determines 
the maximum load ratings of the tires fitted to each axle. 
Specifically, the subject vehicles were certified with a maximum load 
rating of 775 kg (1708 pounds) per tire or 1,550 kg (3417 pounds) 
combined per axle, however, after dividing the maximum load rating by 
1.10, the tires on the subject vehicles have a maximum load rating of 
750 kg (1653 pounds) per tire and 1500 kg (3307 pounds) per axle--
values below the GAWR for the front and rear axles.
    IV. Rule Requirements: Paragraph S4.2.2.2 of FMVSS No. 110 includes 
the requirement relevant to this petition. When passenger car tires are 
installed on an MPV, truck, bus, or trailer, each tire's load rating is 
reduced by dividing it by 1.10 before determining, under paragraph 
S4.2.2.1, the sum of the maximum load ratings of the tires fitted to an 
axle.
    V. Summary of Petition: Daimler Vans 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, Daimler Vans USA, LLC submitted the 
following reasoning:
    1. There is no safety risk posed with this noncompliance because 
the tires are designed to carry significantly more than the GAWR listed 
on the certification label.
    2. The Metris vans also have installed the same tire size as the 
Metris vans sold in Europe that have the same axle weight ratings and 
those vehicles have performed without incident for years.
    3. Despite the discrepancy in calculating the maximum load rating, 
the Metris vans are more than able to accommodate additional weight 
loaded onto the vehicle. Per the specifications provided by the tire 
supplier, based on the tire's load index rating of 101, each tire, in 
fact, has a maximum load rating of 825 kg (1,818 pounds) per tire and a 
combined maximum load rating of 1,650 kg (3,637 pounds) per axle. Thus, 
the tires were designed and manufactured to safely and effectively 
manage weights that are well beyond the GAWR for each axle.
    4. The GAWR listed on the vehicle certification label is accurate 
so that a consumer relying on and following the values for the front 
and rear GAWR, for purposes of vehicle loading, would not be at risk of 
overloading the axles.
    5. The tires on the Metris vans have a payload reserve of 6.5 
percent at a load of 1,550 kg per axle, which is slightly below the 
payload reserve of 10 percent specified by FMVSS No. 110. Moreover, the 
tire pressure specified for each tire on the Metris Van is at least 11% 
higher (tire pressure reserve) then the ETRTO recommended tire 
pressure. This tire pressure reserve reduces the stress on the tire, 
due to reduced deflection of the tire under load.
    6. Further, the Metris vans are equipped with a standard tire 
pressure monitoring system (TPMS) that is compliant with FMVSS No. 138. 
Depending on the severity of the loss of tire pressure, the Metris vans 
display one of three specialized TPMS warnings in the instrument panel 
advising the operator of the loss of pressure and how quickly the 
operator should take corrective action. If the tires were to experience 
a loss of tire pressure, the driver would be alerted to this condition 
and could take appropriate measures. Thus, if there were to be a loss 
of tire pressure, consistent with the standard, the TPMS system would 
warn the operator.
    7. After identifying the discrepancy in the values listed on the 
tire and loading information placard, DAG reviewed what, if any, impact 
there could be on various vehicle systems that could potentially be 
affected by the discrepancy. This review considered the effect on 
steering, breaking, axle strength, and crashworthiness if the operator 
loaded the vehicle to the maximum amount listed on the tire and loading 
information placard. As a result of the review, DAG was able to confirm 
that the discrepancy will not adversely impact any of these systems or 
otherwise diminish the performance or crashworthiness of the Metris 
vans.
    8. DAG is not aware of any consumer complaints or reports of 
accidents or injuries related to overloading the vehicles that could 
reasonably be related to not derating the reinforced passenger car 
tires prior to certification. In addition, Metris vans sold in Europe 
are equipped with tires that are the same size and the vehicles have 
the same axle weight ratings. The European vehicles have similarly 
performed without incident.
    9. The agency has previously granted petitions for inconsequential 
noncompliance involving similar inconsistencies involving tire maximum 
load ratings. In 2017, the agency granted a petition for 
inconsequential noncompliance where a manufacturer had incorrectly 
overstated the maximum occupant and cargo weight on the tire and 
loading information placard, by a total of 30 kg. Although on its face, 
this discrepancy would have appeared to have led consumers to 
potentially overload the vehicle, the agency concluded that when the 
vehicle was loaded to the value listed on the placard, the specific 
tires installed on the vehicles were nonetheless technically capable of 
handling the overstated weight and cargo. In this instance, for one 
vehicle variation, the maximum loads were below the GAWR and gross 
vehicle weight rating (GVWR) and for another vehicle variation, the 
maximum loads were ``essentially at the certified GAWR and GVWR 
values.'' The agency concluded that the tires were ``more than 
adequate'' to manage the additional vehicle and cargo weight and that 
the vehicles could safely manage the additional weight without overload 
concerns. See 82 FR 33547 (July 20, 2017) (grant of petition for 
inconsequential noncompliance by Mercedes-Benz USA, LLC).
    10. The noncompliance at issue here is similar to the above 
petition. In this case, there is also little concern of vehicle 
overloading because the specifications for the tires installed on the 
Metris vans are technically capable of managing the additional weight 
even without the reinforced passenger car tires having been derated.
    Daimler Vans 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

[[Page 48704]]

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.
    The Daimler Vans complete petition and all supporting documents are 
available by logging onto the Federal Docket Management System (FDMS) 
website at https://www.regulations.gov and following the online search 
instructions to locate the docket number listed in the title 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 Daimler Vans 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 Daimler 
Vans 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.

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2019-19918 Filed 9-13-19; 8:45 am]
 BILLING CODE 4910-59-P