
[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)]
[Notices]
[Pages 92964-92966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30579]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0109; 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.

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SUMMARY: Mercedes-Benz USA, LLC (MBUSA), has determined that certain 
model year (MY) 2015-2016 Mercedes-Benz CLS-Class motor vehicles do not 
fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 
110, Tire Selection and Rims and Motor Home/Recreation Vehicle Trailer 
Load Carrying Capacity Information for Motor Vehicles with a GVWR of 
4,536 kilograms (10,000 pounds) or Less. MBUSA filed a Safety Recall 
Report dated September 12, 2016. MBUSA also petitioned NHTSA on October 
4, 2016, for a decision that the subject noncompliance is 
inconsequential as it relates to motor vehicle safety.

DATES: The closing date for comments on the petition is January 19, 
2017.

ADDRESSES: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket and notice number cited in the title of this

[[Page 92965]]

notice and submitted by any of the following methods:
     Mail: Send comments by mail addressed to U.S. Department 
of Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver comments by hand to U.S. Department 
of Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. The 
Docket Section is open on weekdays from 10 a.m. to 5 p.m. except 
Federal Holidays.
     Electronically: Submit comments electronically by logging 
onto the Federal Docket Management System (FDMS) Web site at https://www.regulations.gov/. Follow the online instructions for submitting 
comments.
     Comments may also be faxed to (202) 493-2251.
    Comments must be written in the English language, and be no greater 
than 15 pages in length, although there is no limit to the length of 
necessary attachments to the comments. If comments are submitted in 
hard copy form, please ensure that two copies are provided. If you wish 
to receive confirmation that comments you have submitted by mail were 
received, please enclose a stamped, self-addressed postcard with the 
comments. Note that all comments received will be posted without change 
to https://www.regulations.gov, including any personal information 
provided.
    All comments and supporting materials received before the close of 
business on the closing date indicated above will be filed in the 
docket and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the fullest extent possible.
    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

    Mercedes-Benz USA, LLC (MBUSA), has determined that certain model 
year (MY) 2015-2016 Mercedes-Benz CLS-Class motor vehicles do not fully 
comply with paragraph S4.3(a) of Federal Motor Vehicle Safety Standard 
(FMVSS) No. 110, Tire Selection and Rims and Motor Home/Recreation 
Vehicle Trailer Load Carrying Capacity Information for Motor Vehicles 
with a GVWR of 4,536 kilograms (10,000 pounds) or Less. MBUSA filed a 
report dated September 12, 2016, pursuant to 49 CFR part 573, Defect 
and Noncompliance Responsibility and Reports. MBUSA also petitioned 
NHTSA on October 4, 2016, pursuant to 49 U.S.C. 30118(d) and 30120(h) 
and 49 CFR part 556, for an exemption from the notification and remedy 
requirements of 49 U.S.C. Chapter 301 on the basis that this 
noncompliance is inconsequential as it relates to motor vehicle safety.
    This notice of receipt of MBUSA'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 6,678 MY 2015-2016 Mercedes-Benz CLS 400 and 
Mercedes-Benz CLS 400 4MATIC motor vehicles manufactured between May 
23, 2014 and April 21, 2016, are potentially involved.

III. Noncompliance

    MBUSA explains that the noncompliance is that the subject vehicles 
have tire and loading information placards affixed to their B-pillars 
that incorrectly identify the maximum combined weight of occupants and 
cargo. Specifically, the Mercedes CLS 400 was manufactured with a tire 
information placard that identifies a maximum combined weight of 420 
kilograms (926 pounds) and the Mercedes CLS 400 4MATIC was manufactured 
with a tire information placard that identifies a maximum combined 
weight of 355 kilograms (783 pounds). However, the maximum combined 
weight of occupants and cargo should be 315 kilograms (694 pounds) for 
the Mercedes CLS 400 and 325 kg (717 pounds) for the CLS 400 4MATIC. 
Therefore, the vehicles do not comply with paragraph S4.3 of FMVSS No. 
110.

IV. Rule Text

    Paragraph S4.3 of FMVSS No. 110 states:

    S4.3 Placard. Each vehicle, except for a trailer or incomplete 
vehicle, shall show the information specified in S4.3 (a) through 
(g), and may show, at the manufacturer's option, the information 
specified in S4.3 (h) and (i), on a placard permanently affixed to 
the driver's side B-pillar. . . .
    (a) Vehicle capacity weight expressed as ``The combined weight 
of occupants and cargo should never exceed XXX kilograms or XXX 
pounds''

V. Summary of MBUSA's Petition

    MBUSA described the subject noncompliance and stated its belief 
that the noncompliance is inconsequential as it relates to motor 
vehicle safety.
    In support of its petition, MBUSA submitted the following 
reasoning:
    (a) The tires originally equipped on the subject vehicles are able 
to carry the additional weight indicated on the tire label. Further, 
the tire pressure detailed on the label is sufficient to carry those 
weights. The maximum tire and vehicle load information detailed in the 
table below demonstrates that the tire is designed to carry a higher 
load than that which was incorrectly set out on the tire label:

----------------------------------------------------------------------------------------------------------------
                                                                                     Maximum vehicle load (per
                                                                                               tire)
                         Tire dimension                            Maximum tire  -------------------------------
                                                                    load (lbs)                    CLS 400 4MATIC
                                                                                   CLS 400 (lbs)       (lbs)
----------------------------------------------------------------------------------------------------------------
18'' front......................................................            1708            1243            1289
18'' rear.......................................................            1609            1256            1278
19'' front......................................................            1565            1243            1289
19'' rear.......................................................            1653            1256            1278
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[[Page 92966]]

    (b) Should the driver follow the values displayed on the tire 
label, motor vehicle safety is not negatively impacted. The vehicle 
platform (including chassis and axles) serves other CLS vehicle lines 
and is designed for vehicles with a higher gross vehicle weight rating 
(``GVWR''). The platform therefore can handle the potential additional 
weight.
    (c) Subject vehicles are equipped with the B-pillar certification 
information label in accordance with 49 CFR part 567 indicating a GVWR 
of 2260 kilograms (4982 pounds) for vehicle type 218.365, the CLS 400, 
and a GVWR of 2330 kg (5137 pounds) for vehicle type 218.367, the CLS 
400 4MATIC. The information detailed on the B-pillar certification 
information label is correct. Therefore, the driver can refer to this 
alternative source of information in order to determine the correct 
maximum load weight of the vehicle.
    (d) After identifying the potentially incorrect values in the tire 
label, Daimler AG (DAG) analyzed potential technical implications, 
specifically with respect to the requirements of FMVSS No. 110, 
including potential effects on axles, suspension, brakes, driving 
dynamic, and crashworthiness. Based on this analysis, an impact on 
steering, braking or other vehicle dynamics as a result of the tire 
label weight discrepancy can be excluded.
    (e) Moreover, MBUSA is not aware of any customer complaints, 
accidents or injuries alleged to have occurred as a result of this non-
compliance. Hence, field data supports the assertion that the issue 
described above will have an inconsequential impact on safety.
    MBUSA concluded by expressing the belief that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety, 
and that its petition to be exempted from providing notification of the 
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the 
noncompliance, as required by 49 U.S.C. 30120, should be granted.
    NHTSA 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 MBUSA 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 MBUSA 
notified them that the subject noncompliance existed.

    Authority:  (49 U.S.C. 30118, 30120: delegations of authority at 
49 CFR 1.95 and 501.8)

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016-30579 Filed 12-19-16; 8:45 am]
 BILLING CODE 4910-59-P


