Mercedes-Benz USA, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance, 80225-80227 [2020-27258]
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Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices
name of the individual submitting the
comment (or signing the document, if
submitted on behalf of an association,
business, labor union, etc.). Under 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
processes. DOT posts these comments,
without edit, including any personal
information the commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
https://www.transportation.gov/privacy.
See also https://www.regulations.gov/
privacyNotice for the privacy notice of
regulations.gov.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety,
Chief Safety Officer.
[FR Doc. 2020–27269 Filed 12–10–20; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2020–0090]
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Notice of Application for Approval of
Discontinuance or Modification of a
Railroad Signal System
Under part 235 of title 49 Code of
Federal Regulations (CFR) and 49 U.S.C.
20502(a), this document provides the
public notice that on November 19,
2020, the National Railroad Passenger
Corporation (Amtrak) petitioned the
Federal Railroad Administration (FRA)
seeking approval to discontinue or
modify a signal system. FRA assigned
the petition Docket Number FRA–2020–
0090.
Applicant: National Railroad Passenger
Corporation, Nicholas J. Croce III, PE,
Deputy Chief Engineer, C&S, 2995
Market Street, Philadelphia, PA
19104.
Specifically, Amtrak requests
permission to convert approximately 3
miles of its cab signal and fixed
automatic block signal system to a
signal system having cab signals
without fixed automatic block signals,
operated under NORAC Rule 562, on
Amtrak’s Mid-Atlantic Division, Main
Line Philadelphia to Washington,
Northeast Corridor, between Bush
interlocking located at milepost (MP)
71.6, in Perryman, Maryland, and Wood
interlocking located at MP 75.3, in
Edgewood, Maryland. Amtrak is the
owner and operator of this line.
Maryland Area Regional Commuter
Train Service and Norfolk Southern
Railway operate on portions of this line
as tenants with trackage rights. Both
have concurred with the application.
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The changes proposed are to remove
the wayside signals on Tracks No. 2 and
No. 3 at automatic block points 733 and
744. Both locations will remain in
service as a block point without wayside
signals.
The reason for removal of the signals
is to eliminate maintenance and
operation of unnecessary hardware and
to reduce delays to trains caused by
failures of the signals.
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
www.regulations.gov.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested parties desire
an opportunity for oral comment and a
public hearing, they should notify FRA,
in writing, before the end of the
comment period and specify the basis
for their request.
All communications concerning these
proceedings should identify the
appropriate docket number and may be
submitted by any of the following
methods:
• Website: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: Docket Operations Facility,
U.S. Department of Transportation
(DOT), 1200 New Jersey Ave. SE, W12–
140, Washington, DC 20590.
• Hand Delivery: 1200 New Jersey
Ave. SE, Room W12–140, Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
Holidays.
Communications received by January
25, 2021 will be considered by FRA
before final action is taken. Comments
received after that date will be
considered if practicable. Anyone can
search the electronic form of any written
communications and comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the document, if
submitted on behalf of an association,
business, labor union, etc.). Under 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
processes. DOT posts these comments,
without edit, including any personal
information the commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
https://www.transportation.gov/privacy.
See also https://www.regulations.gov/
PO 00000
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privacyNotice for the privacy notice of
regulations.gov.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad
Safety,Chief Safety Officer.
[FR Doc. 2020–27268 Filed 12–10–20; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2020–0091; Notice 1]
Mercedes-Benz 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:
Mercedes-Benz AG
(‘‘MBAG’’) and Mercedes-Benz USA,
LLC, (‘‘MBUSA’’) (collectively,
‘‘Mercedes-Benz’’) have determined that
certain model year (MY) 2019–2021
Mercedes-Benz motor vehicles do not
fully comply with Federal Motor
Vehicle Safety Standard (FMVSS) No.
135, Light Vehicle Brake Systems.
Mercedes-Benz filed a noncompliance
report dated August 14, 2020. MercedesBenz subsequently petitioned NHTSA
on September 4, 2020, for a decision
that the subject noncompliance is
inconsequential as it relates to motor
vehicle safety. This notice announces
receipt of Mercedes-Benz’s petition.
DATES: Send comments on or before
January 11, 2021.
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 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
SUMMARY:
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80226
Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices
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
docket. 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: Mercedes-Benz has
determined that certain MY 2019–2021
Mercedes-Benz A-Class, CLA-Class,
GLA-Class, and GLB-Class motor
vehicles do not fully comply with the
requirements of paragraph S5.1.2 of
FMVSS No. 135, Light Vehicle Brake
Systems (49 CFR 571.135). MercedesBenz filed a noncompliance report
dated August 14, 2020, pursuant to 49
CFR part 573, Defect and
Noncompliance Responsibility and
Reports. Mercedes-Benz subsequently
petitioned NHTSA on September 4,
2020, for an exemption from the
notification and remedy requirements of
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23:25 Dec 10, 2020
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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 MercedesBenz’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
56,223 of the following MY 2019–2021
Mercedes-Benz A-Class, CLA-Class,
GLA-Class, and GLB-Class motor
vehicles, manufactured between
October 8, 2018, and July 27, 2020, are
potentially involved:
• 2020 Mercedes-Benz A35 AMG
• 2020 Mercedes-Benz CLA45 AMG
• 2021 Mercedes-Benz GLA250
• 2019–2020 Mercedes-Benz A220
• 2020–2021 Mercedes-Benz CLA250
• 2020 Mercedes-Benz CLA35 AMG
• 2021 Mercedes-Benz GLA45 AMG
• 2021 Mercedes-Benz GLA35 AMG
• 2020 Mercedes-Benz GLB250
III. Noncompliance: Mercedes-Benz
explains that the noncompliance is that
the subject vehicles are not equipped
with an acoustic or optical device that
warns the driver when the rear brake
lining requires replacement, and
therefore, does not meet the
requirements specified in paragraph
S5.1.2 of FMVSS No. 135. Specifically,
the subject vehicles do not have an
electrical sensor to measure the
thickness of the rear brake pads.
IV. Rule Requirements: Paragraph
S5.1.2 of FMVSS No. 135 includes the
requirements relevant to this petition.
The wear condition of all service brakes
shall be indicated by either acoustic or
optical devices warning the driver at his
or her driving position when lining
replacement is necessary or by way of
visually checking the degree of brake
lining wear, from the outside or
underside of the vehicle, utilizing only
the tools or equipment normally
supplied with the vehicle. The removal
of wheels is permitted for this purpose.
V. Summary of Mercedes-Benz’s
Petition: The following views and
arguments presented in this section, ‘‘V.
Summary of Mercedes-Benz’s Petition’’,
are the views and arguments provided
by Mercedes-Benz. They have not been
evaluated by the Agency and do not
reflect the views of the Agency.
Mercedes-Benz described the subject
noncompliance and stated their belief
that the noncompliance is
inconsequential as it relates to motor
vehicle safety.
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In support of its petition, MercedesBenz submitted the following reasoning:
1. In the affected vehicles, the front service
brakes use an electrical brake pad sensor to
monitor the thickness of the front brake pads.
Once the front brakes reach a thickness of 1⁄8
inch or 3 mm, a warning lamp will
automatically display in the instrument
cluster and will remain permanently
illuminated until the vehicle is serviced. In
addition, the message appears in the
instrument cluster and communicates the
brake pad wear status to the driver.
2. The brake warning indicator and invehicle message will display at each ignition
cycle until the brake pads are replaced. The
warning lamp cannot be extinguished unless
new brake pads are installed. While the
driver could manually extinguish the
warning message, it will automatically
reappear at each ignition cycle.
3. Depending on the vehicle platform, the
brake force distribution is in a range of
71.9%–75.5% (front)/28.1%–24.5% (rear).
This means that between nearly 72% to more
than 75% of the vehicle’s braking force is
generated by the front brake pads. Because of
the brake force distribution, the front brake
pads will always initially wear out faster
than the brake pads on the rear wheels.
Indeed, the front brake pads will then
continue to wear out at a faster pace than the
rear brake pads, approximately 1 1⁄2 to 2
times more frequently depending on the
operator’s driving style.
4. Once the front brake pads reach a
thickness of approximately 3 mm, both the
warning lamp and the warning message are
automatically triggered, and the consumer is
advised to visit the workshop to have the
front brake pads replaced. Any time one set
of brake pads is inspected at a MercedesBenz workshop, the standard work
instructions direct the technician to also
inspect and evaluate the status of all other
sets of brake pads. (This inspection is carried
out visually with the tire and wheel on the
vehicle. In exceptional circumstances, the
technician may need to remove the wheel to
conduct the inspection and measurement.
The technician does not use the gauge tool
discussed in this petition in either scenario.)
The workshop instructions provide that the
technician is to assess the remaining braking
distance for each axle based on the thickness
of the brake pad that is most heavily worn.
If the remaining thickness of the brake pads
is not sufficient to make it to the next service
interval, the customer will be advised to
replace the brake pads. However, if the wear
limit has already been reached, the
technician will automatically replace the
brake pads. Thus, at every Mercedes-Benz
workshop visit, all four sets of brake pads
will be inspected for wear. The customer will
be advised of the remaining thickness and
individual brake pads are replaced
automatically if needed. Because the front
brakes wear faster than the rear due to the
brake force distribution, the vehicle’s rear
brakes will be inspected by a trained
professional technician a number of times
before they ever need to be replaced.
5. Even if the vehicle were taken to an
independent repair facility that did not
follow Mercedes-Benz’s comprehensive brake
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Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices
pad inspection protocols, there is not an
increased safety risk due to the vehicle being
operated with worn rear brake pads. In the
worst case, if a vehicle with fully worn brake
pads on the rear axle continued to operate,
given the brake force distribution and the
performance of the rear brakes, the vehicle
would continue to meet the braking distance
requirement of FMVSS No. 135. Furthermore,
the brakes on the rear axle will continue to
operate, even with completely worn rear
brake pads, the driver will hear the
unmistakable sound of metal being pressed
against the brake discs. Moreover, the ABS
and ESC functionality is not affected by worn
rear brake pads and will continue to function
normally, as needed.
6. Mercedes-Benz is not aware of any
reports or complaints about the issue from
the field and it has corrected the condition
in production.
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Mercedes-Benz 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 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 Mercedes-Benz
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 Mercedes-Benz 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. 2020–27258 Filed 12–10–20; 8:45 am]
BILLING CODE 4910–59–P
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DEPARTMENT OF THE TREASURY
Financial Crimes Enforcement Network
Agency Information Collection
Activities; Proposed Renewal;
Comment Request; Renewal Without
Change of Administrative Rulings
Regulations
Financial Crimes Enforcement
Network, Treasury.
ACTION: Notice and request for
comments.
AGENCY:
As part of its continuing effort
to reduce paperwork and respondent
burden, FinCEN invites comments on
the proposed renewal, without change,
of a currently approved information
collection found in existing Bank
Secrecy Act (BSA) regulations.
Specifically, the regulations provide
procedures for requestors to seek, and
for FinCEN to issue, administrative
rulings. This request for comments is
made pursuant to the Paperwork
Reduction Act of 1995.
DATES: Written comments are welcome
and must be received on or before
February 9, 2021.
ADDRESSES: Comments may be
submitted by any of the following
methods:
• Federal E-rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Refer to Docket Number FINCEN–2020–
0017 and the specific Office of
Management and Budget (OMB) control
number 1506–0050.
• Mail: Policy Division, Financial
Crimes Enforcement Network, P.O. Box
39, Vienna, VA 22183. Refer to Docket
Number FINCEN–2020–0017 and OMB
control number 1506–0050.
Please submit comments by one
method only. Comments will also be
incorporated into FinCEN’s review of
existing regulations, as provided by
Treasury’s 2011 Plan for Retrospective
Analysis of Existing Rules. All
comments submitted in response to this
notice will become a matter of public
record. Therefore, you should submit
only information that you wish to make
publicly available.
FOR FURTHER INFORMATION CONTACT: The
FinCEN Regulatory Support Section at
1–800–767–2825 or electronically at
frc@fincen.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Statutory and Regulatory Provisions
The legislative framework generally
referred to as the Bank Secrecy Act
(BSA) consists of the Currency and
Financial Transactions Reporting Act of
1970, as amended by the Uniting and
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80227
Strengthening America by Providing
Appropriate Tools Required to Intercept
and Obstruct Terrorism Act of 2001
(USA PATRIOT Act) (Pub. L. 107–56)
and other legislation. The BSA is
codified at 12 U.S.C. 1829b, 12 U.S.C.
1951–1959, 31 U.S.C. 5311–5314 and
5316–5332, and notes thereto, with
implementing regulations at 31 CFR
Chapter X.
The BSA authorizes the Secretary of
the Treasury, inter alia, to require
financial institutions to keep records
and file reports that are determined to
have a high degree of usefulness in
criminal, tax, and regulatory matters, or
in the conduct of intelligence or
counter-intelligence activities to protect
against international terrorism, and to
implement anti-money laundering
(AML) programs and compliance
procedures.1 Regulations implementing
the BSA appear at 31 CFR Chapter X.
The authority of the Secretary to
administer the BSA has been delegated
to the Director of FinCEN.2
A FinCEN administrative ruling is a
written ruling interpreting the
relationship between the regulations
implementing the BSA at 31 CFR
Chapter X and each situation for which
such a ruling has been requested in
conformity with the regulatory
requirements.3 The regulations
implementing the procedures for
requestors to submit, and for FinCEN to
issue, administrative rulings appear in
Part 1010, Subpart G—Administrative
Rulings. Specifically, the regulations
address the following: (a) How to submit
a request for an administrative ruling
(31 CFR 1010.711); (b) treatment of nonconforming requests (31 CFR 1010.712);
(c) treatment of oral communications
(31 CFR 1010.713); (d) withdrawal of
administrative ruling requests (31 CFR
1010.714); (e) issuance of administrative
rulings (31 CFR 1010.715); (e)
modification and rescission of
administrative rulings (31 CFR
1010.716); and (f) disclosure of
administrative ruling (31 CFR
1010.717). An administrative ruling has
precedential value, and may be relied
upon by others similarly situated, only
if FinCEN makes them available to the
public through publication on the
FinCEN website or other appropriate
forum.4
1 Section 358 of the USA PATRIOT Act added
language expanding the scope of the BSA to
intelligence or counter-intelligence activities to
protect against international terrorism.
2 Treasury Order 180–01 (re-affirmed Jan. 14,
2020).
3 See 31 CFR 1010.715.
4 Id. FinCEN’s administrative rulings are collected
on the FinCEN website at the following address:
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]]>Agencies
[Federal Register Volume 85, Number 239 (Friday, December 11, 2020)]
[Notices]
[Pages 80225-80227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27258]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2020-0091; Notice 1]
Mercedes-Benz 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: Mercedes-Benz AG (``MBAG'') and Mercedes-Benz USA, LLC,
(``MBUSA'') (collectively, ``Mercedes-Benz'') have determined that
certain model year (MY) 2019-2021 Mercedes-Benz motor vehicles do not
fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No.
135, Light Vehicle Brake Systems. Mercedes-Benz filed a noncompliance
report dated August 14, 2020. Mercedes-Benz subsequently petitioned
NHTSA on September 4, 2020, for a decision that the subject
noncompliance is inconsequential as it relates to motor vehicle safety.
This notice announces receipt of Mercedes-Benz's petition.
DATES: Send comments on or before January 11, 2021.
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 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
[[Page 80226]]
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 docket. 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: Mercedes-Benz has determined
that certain MY 2019-2021 Mercedes-Benz A-Class, CLA-Class, GLA-Class,
and GLB-Class motor vehicles do not fully comply with the requirements
of paragraph S5.1.2 of FMVSS No. 135, Light Vehicle Brake Systems (49
CFR 571.135). Mercedes-Benz filed a noncompliance report dated August
14, 2020, pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports. Mercedes-Benz subsequently petitioned NHTSA
on September 4, 2020, 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 Mercedes-Benz'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 56,223 of the following MY
2019-2021 Mercedes-Benz A-Class, CLA-Class, GLA-Class, and GLB-Class
motor vehicles, manufactured between October 8, 2018, and July 27,
2020, are potentially involved:
2020 Mercedes-Benz A35 AMG
2020 Mercedes-Benz CLA45 AMG
2021 Mercedes-Benz GLA250
2019-2020 Mercedes-Benz A220
2020-2021 Mercedes-Benz CLA250
2020 Mercedes-Benz CLA35 AMG
2021 Mercedes-Benz GLA45 AMG
2021 Mercedes-Benz GLA35 AMG
2020 Mercedes-Benz GLB250
III. Noncompliance: Mercedes-Benz explains that the noncompliance
is that the subject vehicles are not equipped with an acoustic or
optical device that warns the driver when the rear brake lining
requires replacement, and therefore, does not meet the requirements
specified in paragraph S5.1.2 of FMVSS No. 135. Specifically, the
subject vehicles do not have an electrical sensor to measure the
thickness of the rear brake pads.
IV. Rule Requirements: Paragraph S5.1.2 of FMVSS No. 135 includes
the requirements relevant to this petition. The wear condition of all
service brakes shall be indicated by either acoustic or optical devices
warning the driver at his or her driving position when lining
replacement is necessary or by way of visually checking the degree of
brake lining wear, from the outside or underside of the vehicle,
utilizing only the tools or equipment normally supplied with the
vehicle. The removal of wheels is permitted for this purpose.
V. Summary of Mercedes-Benz's Petition: The following views and
arguments presented in this section, ``V. Summary of Mercedes-Benz's
Petition'', are the views and arguments provided by Mercedes-Benz. They
have not been evaluated by the Agency and do not reflect the views of
the Agency. Mercedes-Benz described the subject noncompliance and
stated their belief that the noncompliance is inconsequential as it
relates to motor vehicle safety.
In support of its petition, Mercedes-Benz submitted the following
reasoning:
1. In the affected vehicles, the front service brakes use an
electrical brake pad sensor to monitor the thickness of the front
brake pads. Once the front brakes reach a thickness of \1/8\ inch or
3 mm, a warning lamp will automatically display in the instrument
cluster and will remain permanently illuminated until the vehicle is
serviced. In addition, the message appears in the instrument cluster
and communicates the brake pad wear status to the driver.
2. The brake warning indicator and in-vehicle message will
display at each ignition cycle until the brake pads are replaced.
The warning lamp cannot be extinguished unless new brake pads are
installed. While the driver could manually extinguish the warning
message, it will automatically reappear at each ignition cycle.
3. Depending on the vehicle platform, the brake force
distribution is in a range of 71.9%-75.5% (front)/28.1%-24.5%
(rear). This means that between nearly 72% to more than 75% of the
vehicle's braking force is generated by the front brake pads.
Because of the brake force distribution, the front brake pads will
always initially wear out faster than the brake pads on the rear
wheels. Indeed, the front brake pads will then continue to wear out
at a faster pace than the rear brake pads, approximately 1 \1/2\ to
2 times more frequently depending on the operator's driving style.
4. Once the front brake pads reach a thickness of approximately
3 mm, both the warning lamp and the warning message are
automatically triggered, and the consumer is advised to visit the
workshop to have the front brake pads replaced. Any time one set of
brake pads is inspected at a Mercedes-Benz workshop, the standard
work instructions direct the technician to also inspect and evaluate
the status of all other sets of brake pads. (This inspection is
carried out visually with the tire and wheel on the vehicle. In
exceptional circumstances, the technician may need to remove the
wheel to conduct the inspection and measurement. The technician does
not use the gauge tool discussed in this petition in either
scenario.) The workshop instructions provide that the technician is
to assess the remaining braking distance for each axle based on the
thickness of the brake pad that is most heavily worn. If the
remaining thickness of the brake pads is not sufficient to make it
to the next service interval, the customer will be advised to
replace the brake pads. However, if the wear limit has already been
reached, the technician will automatically replace the brake pads.
Thus, at every Mercedes-Benz workshop visit, all four sets of brake
pads will be inspected for wear. The customer will be advised of the
remaining thickness and individual brake pads are replaced
automatically if needed. Because the front brakes wear faster than
the rear due to the brake force distribution, the vehicle's rear
brakes will be inspected by a trained professional technician a
number of times before they ever need to be replaced.
5. Even if the vehicle were taken to an independent repair
facility that did not follow Mercedes-Benz's comprehensive brake
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pad inspection protocols, there is not an increased safety risk due
to the vehicle being operated with worn rear brake pads. In the
worst case, if a vehicle with fully worn brake pads on the rear axle
continued to operate, given the brake force distribution and the
performance of the rear brakes, the vehicle would continue to meet
the braking distance requirement of FMVSS No. 135. Furthermore, the
brakes on the rear axle will continue to operate, even with
completely worn rear brake pads, the driver will hear the
unmistakable sound of metal being pressed against the brake discs.
Moreover, the ABS and ESC functionality is not affected by worn rear
brake pads and will continue to function normally, as needed.
6. Mercedes-Benz is not aware of any reports or complaints about
the issue from the field and it has corrected the condition in
production.
Mercedes-Benz 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 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 Mercedes-Benz
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
Mercedes-Benz 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. 2020-27258 Filed 12-10-20; 8:45 am]
BILLING CODE 4910-59-P
