Mercedes-Benz USA, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance, 21792-21794 [2021-08453]
Download as PDF
21792
Federal Register / Vol. 86, No. 77 / Friday, April 23, 2021 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
and the engine is off. Further, the
vehicle cannot be restarted unless the
ignition is switched out of ‘‘ACC’’ at
which point the shift position indicator
would reset and show the correct
position.’’ (Id.) FCA US cited the
Agency as agreeing with Nissan, that
under these ‘‘rare’’ circumstances, ‘‘the
noncompliance poses little if any risk to
motor vehicle safety.’’ FCA US says that
similar to Nissan’s case, in the Charger
Pursuit vehicles, the inaccurate
transmission shift position display
occurs only when a specific set of
conditions are present after the operator
intentionally activates Surveillance
Mode. The inaccurate transmission shift
position display returns to the correct
position immediately upon pressing the
brake, opening the driver’s door,
shifting the transmission, or pressing
the Surveillance Mode switch.
Importantly, the vehicle cannot be
operated in the noncompliant condition.
b. FMVSS No. 118
When the OPP module is in
Surveillance Mode, detection of a
presence at the rear of the vehicle will
initiate automatic window closure of the
driver and passenger front windows.
While closing, the power-operated
windows will stop when an obstruction
is detected, however, they will not
reverse direction. Removal of the
reverse direction feature was a
conscious design decision made by the
creator of the OPP module, InterMotive,
to facilitate the purpose of the module—
the safety and protection of law
enforcement officers.
FCA US says that the regulatory
history of the standard confirms that the
primary concern is the risk to children.
FCA US cited the Agency as saying,
‘‘The Agency’s experience is that
children are the group of people most
likely at risk from inadvertent or
unsupervised operation of power
windows.’’ See 57 FR 23958 (June 5,
1992). FCA US believes that given the
police surveillance circumstances in
which this noncompliance would
manifest, children are highly unlikely to
be present in the motor vehicle. FCA US
says that NHTSA has previously granted
a petition for a determination of
inconsequential noncompliance based
on an analysis of whether children were
likely to be present in the front seat of
the noncompliant delivery trucks. FCA
US cited the Agency as saying, ‘‘NHTSA
agrees that, given the nature and
intended use of the subject vocational
vehicles, it would be unlikely for
children to be placed in the front
passenger seating area.’’ See 81 FR
87654–87656 (December 5, 2016). FCA
US believes this purpose can be fulfilled
VerDate Sep<11>2014
18:15 Apr 22, 2021
Jkt 253001
while also protecting law enforcement
officers.
FCA US contends that successful
activation of Surveillance Mode requires
a specific set of conditions. Not only
must the vehicle be in the RUN
position, in PARK, with the doors
closed and no application of the service
brake, the driver must choose to activate
the Surveillance Mode. When
Surveillance Mode is activated, the
backup camera view will be displayed
on the radio head unit. This is an
immediate visual cue that the OPP
module is in Surveillance Mode. It is
unlikely that Surveillance Mode would
be inadvertently activated, and even if
it were, it is easily recognizable.
Deactivation of Surveillance Mode is
easily achieved. It is much more likely
that Surveillance Mode can be
inadvertently deactivated rather than
inadvertently activated. Switching the
vehicle ignition to the OFF position,
opening the driver door, pressing the
service brake, shifting the transmission
out of PARK, or pressing the
Surveillance Mode switch immediately
restores normal vehicle functionality,
including reverse direction functionality
of the driver and passenger front power
windows. Surveillance Mode cannot be
latched on from key cycle to key cycle,
as a requirement for Surveillance Mode
is the ignition in the RUN position.
Again, switching the vehicle ignition to
OFF deactivates Surveillance Mode.
Purchasers of Charger Pursuit vehicles
who request the OPP module are law
enforcement agencies. Officers of such
law enforcement agencies are highly
trained and sophisticated vehicle
operators. Law enforcement personnel
use vehicles much differently than the
average vehicle owner, and are
accustomed to, if not expect, unique
vehicle attributes while engaged in law
enforcement duties.
The OPP module is a ‘‘plug and play’’
module that can be easily removed
when and if the law enforcement agency
sells the vehicle into the civilian
market. FCA US acknowledges,
however, that the law enforcement
agencies cannot be required to remove
the OPP module from the vehicle prior
to such sale.
Lastly, FCA US is not aware of any
injuries, or customer complaints
associated with the condition.
FCA US concludes by again
contending 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
PO 00000
Frm 00110
Fmt 4703
Sfmt 4703
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 FCA US 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 FCA US 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. 2021–08447 Filed 4–22–21; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2020–0116; 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, ‘‘MercedesBenz’’), have determined that certain
model year (MY) 2020–2021 MercedesBenz GLE and GLS 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.
Mercedes-Benz filed a noncompliance
report dated October 30, 2020.
Mercedes-Benz subsequently petitioned
NHTSA on November 16, 2020, for a
decision that the subject noncompliance
SUMMARY:
E:\FR\FM\23APN1.SGM
23APN1
khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 86, No. 77 / Friday, April 23, 2021 / Notices
is inconsequential as it relates to motor
vehicle safety. This notice announces
receipt of Mercedes-Benz’s petition.
DATES: Send comments on or before
May 24, 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
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
VerDate Sep<11>2014
18:15 Apr 22, 2021
Jkt 253001
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).
FOR FURTHER INFORMATION CONTACT:
Kerrin Bressant, Compliance Engineer,
NHTSA, Office of Vehicle Safety
Compliance, (202) 366–1110.
SUPPLEMENTARY INFORMATION:
I. Overview: Mercedes-Benz has
determined that certain MY 2020–2021
GLE and GLS Class motor vehicles do
not fully comply with the requirements
of paragraph S4.3(c) of 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). Mercedes-Benz filed a
noncompliance report dated October 30,
2020, pursuant to 49 CFR part 573,
Defect and Noncompliance
Responsibility and Reports. MercedesBenz subsequently petitioned NHTSA
on November 16, 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 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
22,439 MY 2020–2021 Mercedes-Benz
GLE350, GLE450, GLE580, GLS450, and
GLS580 motor vehicles, manufactured
between July 7, 2018, and October 16,
2020, are potentially involved.
III. Noncompliance: Mercedes-Benz
explains that the noncompliance is that
the subject vehicles are equipped with
a vehicle placard affixed to the driver’s
side B-pillar of the vehicle that
erroneously overstates maximum
permissible cold tire pressure and
therefore, does not fully meet the
requirements specified in paragraph
S4.3(c) of FMVSS No. 110. Specifically,
the vehicle placard overstates the
maximum permissible cold tire pressure
PO 00000
Frm 00111
Fmt 4703
Sfmt 4703
21793
as 320 kPa, when it should state a
maximum cold tire pressure of 300 kPa.
IV. Rule Requirements: Paragraph
S4.3(c) of FMVSS No. 110 includes the
requirements relevant to this petition.
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. This information shall be in the
English language and conform in color
and format, not including the border
surrounding the entire placard, as
shown in the example set forth in Figure
1 in this standard. At the manufacturer’s
option, the information specified in S4.3
(c), (d), and, as appropriate, (h) and (i)
may be shown, alternatively to being
shown on the placard, on a tire inflation
pressure label which must conform in
color and format, not including the
border surrounding the entire label, as
shown in the example set forth in Figure
2 in this standard.
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 describes the subject
noncompliance and contends that the
noncompliance is inconsequential as it
relates to motor vehicle safety.
In support of its petition, MercedesBenz submitted the following reasoning:
1. For the vehicles at issue in this
petition, the placard lists the maximum
tire inflation pressure as 320 kPa while
the tire sidewall indicates that the
maximum tire inflation pressure is 300
kPa. The tire pressure information
located on the inside of the gas tank flap
also indicates that the maximum tire
pressure is 320 kPa. Mercedes-Benz
asserts the difference in information
between the tire sidewall and what is
included on the vehicle and placard
does not present any risk of overinflation since, per the tire
manufacturer, the tires were actually
designed to a maximum permissible
inflation pressure of 350 kPa.
2. Mercedes-Benz claims there is no
risk of tire overloading here, even if the
consumer were to inflate the tires based
on the 320 kPa inflation pressure listed
on the placard or on the gas tank flap.
The tire manufacturer in this instance,
Michelin, has confirmed that the
Primacy Tour A/S tires that are
equipped on the subject vehicles are
designed and manufactured to
withstand a maximum tire pressure of
E:\FR\FM\23APN1.SGM
23APN1
khammond on DSKJM1Z7X2PROD with NOTICES
21794
Federal Register / Vol. 86, No. 77 / Friday, April 23, 2021 / Notices
350 kPa, which is even higher than what
is listed on the placard or on the tire
sidewall. The supplier has confirmed
that there are no effects on vehicle
performance and there would be no
adverse safety consequences if the tires
were inflated to the 320 kPa limit
indicated on the placard or to the 300
kPa limit listed on the sidewall.
Mercedes-Benz says the tires otherwise
meet or exceed all applicable FMVSS
performance requirements.
3. Mercedes-Benz contends that in
similar situations when evaluating the
effect of a noncompliance with FMVSS
No. 110, the Agency has recognized that
slight discrepancies in the listed tire
pressure and deviations in the
information listed in the placard do not
have a consequential effect on motor
vehicle safety. For example, the Agency
granted a petition where the placards
incorrectly identified the size of the
tires installed on the vehicles.
Mercedes-Benz says that the Agency
reasoned that the noncompliance was
inconsequential because, among other
reasons, the tires installed on the
vehicles are appropriate to handle the
vehicle’s maximum loads when inflated
to the maximum tire pressure. See
Chrysler Group, LLC, Grant of Petition
for Decision of Inconsequential
Noncompliance, 78 FR 38443 (June 26,
2013). Mercedes-Benz claims that this
has also been the Agency’s rationale
when specific information was missing
from the vehicle placard. See General
Motors, LLC, Grant of Petition for
Decision of Inconsequential
Noncompliance, 84 FR 25117 (May 30,
2019) (‘‘vehicles are equipped with the
appropriate matched spare tire and rim
combination, and that when properly
mounted on the subject vehicles, would
allow the vehicles to be operated safely
within the manufacturer’s specified
performance and loading limits.’’)
Further, Mercedes-Benz states, the
Agency has recognized that the
maximum tire inflation pressure
indicated on the tire sidewall have
somewhat limited safety value and that
NHTSA ultimately decided to retain
maximum inflation pressure labeling
requirements simply ‘‘as an aid in
preventing over-inflation.’’ See Grant of
Petition of Michelin North America, 70
FR 10161 (March 2, 2005).
4. Mercedes-Benz asserts that there is
no risk of over-inflation in this case
because the tires have been designed
and engineered to a higher maximum
inflation pressure. The tires are
sufficiently robust to accommodate the
additional 20 kPa of pressure should the
consumer rely on the information listed
on the placard or under the gas tank
flap. According to Mercedes-Benz, there
VerDate Sep<11>2014
18:15 Apr 22, 2021
Jkt 253001
is also no risk of under pressurizing the
tire if the consumer relied upon the
value listed on the tire sidewall because
300 kPa is also a sufficient maximum
pressure for the tires installed on these
vehicles. Inflating the tires at either 300
kPa or 320 kPa is appropriate for the
GVWR of the vehicle. Inflating the tires
to the pressure listed on either the tire
sidewall or the value listed on the
placard would not impact the operation
of the tire pressure monitoring system,
and the vehicle’s load-carrying capacity
would not be impacted or reduced if the
tire is inflated to 320 kPa (up to 350
kPa) if the consumer followed the
inflation level on the placard or under
the gas tank flap. Overall, from a vehicle
performance perspective, 20 kPa in tire
pressure difference is of no
consequence, particularly where, as
here, there is no effect on vehicle
performance or load capacity.
5. Mercedes-Benz says that owners
may seek guidance on the appropriate
tire pressure inflation value through its
Roadside Assistance program which is
available 24 hours a day and
complimentary during the vehicle
warranty period. Alternatively, any
Mercedes-Benz customer may obtain
information on tire pressure and other
service-related information from trained
representatives by calling the MercedesBenz Customer Assistance Center. All of
the remaining information on the
vehicle placard is accurate, including
the vehicle loading capacity and tire
size and dimensions, which further
confirms that the vehicle is not
susceptible to overloading even if the
tires are inflated to 320 kPa.
6. Mercedes-Benz cites NHTSA as
saying ‘‘historically granted petitions for
inconsequentiality for inaccurate tire
placards where the grantee has supplied
sufficient reasoning to support . . . a
conclusion [that there is no adverse
safety impact.’’] See Kia Motors, Inc.,
Grant of Petition for Decision of
Inconsequential Noncompliance, 85 FR
39676 (July 1, 2020).
Mercedes-Benz concludes by again
contending 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
PO 00000
Frm 00112
Fmt 4703
Sfmt 4703
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. 2021–08453 Filed 4–22–21; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
Notice of Funding Opportunity for the
Department of Transportation’s
National Infrastructure Investments
(i.e., the Rebuilding American
Infrastructure With Sustainability and
Equity (RAISE) Grant Program) Under
the Consolidated Appropriations Act,
2021
Office of the Secretary of
Transportation, DOT.
ACTION: Notice of funding opportunity.
AGENCY:
The purpose of this notice is
to solicit applications for Rebuilding
American Infrastructure with
Sustainability and Equity (RAISE)
grants. Funds for the FY 2021 RAISE
grant program are to be awarded on a
competitive basis for surface
transportation infrastructure projects
that will have a significant local or
regional impact. This program was
formerly known as BUILD
Transportation Grants
DATES: Applications must be submitted
by 5:00 p.m. Eastern on July 12, 2021.
ADDRESSES: Applications must be
submitted through Grants.gov.
FOR FURTHER INFORMATION CONTACT: For
further information concerning this
notice, please contact the RAISE grant
program staff via email at RAISEgrants@
dot.gov, or call Howard Hill at 202–366–
0301. A TDD is available for individuals
who are deaf or hard of hearing at 202–
366–3993. In addition, DOT will
SUMMARY:
E:\FR\FM\23APN1.SGM
23APN1
Agencies
[Federal Register Volume 86, Number 77 (Friday, April 23, 2021)]
[Notices]
[Pages 21792-21794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08453]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2020-0116; 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) 2020-2021 Mercedes-Benz GLE and GLS 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. Mercedes-Benz filed a
noncompliance report dated October 30, 2020. Mercedes-Benz subsequently
petitioned NHTSA on November 16, 2020, for a decision that the subject
noncompliance
[[Page 21793]]
is inconsequential as it relates to motor vehicle safety. This notice
announces receipt of Mercedes-Benz's petition.
DATES: Send comments on or before May 24, 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 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).
FOR FURTHER INFORMATION CONTACT: Kerrin Bressant, Compliance Engineer,
NHTSA, Office of Vehicle Safety Compliance, (202) 366-1110.
SUPPLEMENTARY INFORMATION:
I. Overview: Mercedes-Benz has determined that certain MY 2020-2021
GLE and GLS Class motor vehicles do not fully comply with the
requirements of paragraph S4.3(c) of 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). Mercedes-Benz filed a noncompliance
report dated October 30, 2020, pursuant to 49 CFR part 573, Defect and
Noncompliance Responsibility and Reports. Mercedes-Benz subsequently
petitioned NHTSA on November 16, 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 22,439 MY 2020-2021 Mercedes-
Benz GLE350, GLE450, GLE580, GLS450, and GLS580 motor vehicles,
manufactured between July 7, 2018, and October 16, 2020, are
potentially involved.
III. Noncompliance: Mercedes-Benz explains that the noncompliance
is that the subject vehicles are equipped with a vehicle placard
affixed to the driver's side B-pillar of the vehicle that erroneously
overstates maximum permissible cold tire pressure and therefore, does
not fully meet the requirements specified in paragraph S4.3(c) of FMVSS
No. 110. Specifically, the vehicle placard overstates the maximum
permissible cold tire pressure as 320 kPa, when it should state a
maximum cold tire pressure of 300 kPa.
IV. Rule Requirements: Paragraph S4.3(c) of FMVSS No. 110 includes
the requirements relevant to this petition. 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. This information shall be in the
English language and conform in color and format, not including the
border surrounding the entire placard, as shown in the example set
forth in Figure 1 in this standard. At the manufacturer's option, the
information specified in S4.3 (c), (d), and, as appropriate, (h) and
(i) may be shown, alternatively to being shown on the placard, on a
tire inflation pressure label which must conform in color and format,
not including the border surrounding the entire label, as shown in the
example set forth in Figure 2 in this standard.
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 describes the subject noncompliance and
contends that the noncompliance is inconsequential as it relates to
motor vehicle safety.
In support of its petition, Mercedes-Benz submitted the following
reasoning:
1. For the vehicles at issue in this petition, the placard lists
the maximum tire inflation pressure as 320 kPa while the tire sidewall
indicates that the maximum tire inflation pressure is 300 kPa. The tire
pressure information located on the inside of the gas tank flap also
indicates that the maximum tire pressure is 320 kPa. Mercedes-Benz
asserts the difference in information between the tire sidewall and
what is included on the vehicle and placard does not present any risk
of over-inflation since, per the tire manufacturer, the tires were
actually designed to a maximum permissible inflation pressure of 350
kPa.
2. Mercedes-Benz claims there is no risk of tire overloading here,
even if the consumer were to inflate the tires based on the 320 kPa
inflation pressure listed on the placard or on the gas tank flap. The
tire manufacturer in this instance, Michelin, has confirmed that the
Primacy Tour A/S tires that are equipped on the subject vehicles are
designed and manufactured to withstand a maximum tire pressure of
[[Page 21794]]
350 kPa, which is even higher than what is listed on the placard or on
the tire sidewall. The supplier has confirmed that there are no effects
on vehicle performance and there would be no adverse safety
consequences if the tires were inflated to the 320 kPa limit indicated
on the placard or to the 300 kPa limit listed on the sidewall.
Mercedes-Benz says the tires otherwise meet or exceed all applicable
FMVSS performance requirements.
3. Mercedes-Benz contends that in similar situations when
evaluating the effect of a noncompliance with FMVSS No. 110, the Agency
has recognized that slight discrepancies in the listed tire pressure
and deviations in the information listed in the placard do not have a
consequential effect on motor vehicle safety. For example, the Agency
granted a petition where the placards incorrectly identified the size
of the tires installed on the vehicles. Mercedes-Benz says that the
Agency reasoned that the noncompliance was inconsequential because,
among other reasons, the tires installed on the vehicles are
appropriate to handle the vehicle's maximum loads when inflated to the
maximum tire pressure. See Chrysler Group, LLC, Grant of Petition for
Decision of Inconsequential Noncompliance, 78 FR 38443 (June 26, 2013).
Mercedes-Benz claims that this has also been the Agency's rationale
when specific information was missing from the vehicle placard. See
General Motors, LLC, Grant of Petition for Decision of Inconsequential
Noncompliance, 84 FR 25117 (May 30, 2019) (``vehicles are equipped with
the appropriate matched spare tire and rim combination, and that when
properly mounted on the subject vehicles, would allow the vehicles to
be operated safely within the manufacturer's specified performance and
loading limits.'') Further, Mercedes-Benz states, the Agency has
recognized that the maximum tire inflation pressure indicated on the
tire sidewall have somewhat limited safety value and that NHTSA
ultimately decided to retain maximum inflation pressure labeling
requirements simply ``as an aid in preventing over-inflation.'' See
Grant of Petition of Michelin North America, 70 FR 10161 (March 2,
2005).
4. Mercedes-Benz asserts that there is no risk of over-inflation in
this case because the tires have been designed and engineered to a
higher maximum inflation pressure. The tires are sufficiently robust to
accommodate the additional 20 kPa of pressure should the consumer rely
on the information listed on the placard or under the gas tank flap.
According to Mercedes-Benz, there is also no risk of under pressurizing
the tire if the consumer relied upon the value listed on the tire
sidewall because 300 kPa is also a sufficient maximum pressure for the
tires installed on these vehicles. Inflating the tires at either 300
kPa or 320 kPa is appropriate for the GVWR of the vehicle. Inflating
the tires to the pressure listed on either the tire sidewall or the
value listed on the placard would not impact the operation of the tire
pressure monitoring system, and the vehicle's load-carrying capacity
would not be impacted or reduced if the tire is inflated to 320 kPa (up
to 350 kPa) if the consumer followed the inflation level on the placard
or under the gas tank flap. Overall, from a vehicle performance
perspective, 20 kPa in tire pressure difference is of no consequence,
particularly where, as here, there is no effect on vehicle performance
or load capacity.
5. Mercedes-Benz says that owners may seek guidance on the
appropriate tire pressure inflation value through its Roadside
Assistance program which is available 24 hours a day and complimentary
during the vehicle warranty period. Alternatively, any Mercedes-Benz
customer may obtain information on tire pressure and other service-
related information from trained representatives by calling the
Mercedes-Benz Customer Assistance Center. All of the remaining
information on the vehicle placard is accurate, including the vehicle
loading capacity and tire size and dimensions, which further confirms
that the vehicle is not susceptible to overloading even if the tires
are inflated to 320 kPa.
6. Mercedes-Benz cites NHTSA as saying ``historically granted
petitions for inconsequentiality for inaccurate tire placards where the
grantee has supplied sufficient reasoning to support . . . a conclusion
[that there is no adverse safety impact.''] See Kia Motors, Inc., Grant
of Petition for Decision of Inconsequential Noncompliance, 85 FR 39676
(July 1, 2020).
Mercedes-Benz concludes by again contending 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. 2021-08453 Filed 4-22-21; 8:45 am]
BILLING CODE 4910-59-P