[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.

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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


