[Federal Register Volume 88, Number 33 (Friday, February 17, 2023)]
[Notices]
[Pages 10426-10427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03403]



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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2022-0038; 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, (Mercedes-Benz) and Daimler Vans USA, 
LLC, (Daimler Vans), have determined that certain model year (MY) 2020-
2021 VS20 Metris (Platform 447) 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 an original noncompliance report 
dated March 8, 2022. Mercedes-Benz subsequently petitioned NHTSA on 
March 31, 2022, for a decision that the subject noncompliance is 
inconsequential as it relates to motor vehicle safety. This document 
announces receipt of Mercedes-Benz's petition.

DATES: Send comments on or before March 20, 2023.

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 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).

FOR FURTHER INFORMATION CONTACT: Ahmad Barnes, General Engineer, NHTSA, 
Office of Vehicle Safety Compliance, (202) 366-7236.

SUPPLEMENTARY INFORMATION: 
    I. Overview: Mercedes-Benz and Daimler Vans determined that certain 
MY 2020-2021 VS20 Metris (Platform 447) vans do not fully comply with 
paragraph S4.3(d) 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 an original noncompliance report dated March 8, 
2022, pursuant to 49 CFR part 573, Defect and Noncompliance 
Responsibility and Reports. Mercedes-Benz subsequently petitioned NHTSA 
on March 31, 2022, 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 another exercise of judgment concerning the merits of the 
petition.
    II. Vehicles Involved: Approximately 700 MY 2020-2021 VS20 Metris 
(Platform 447) vans, manufactured between June 2, 2020, and October 12, 
2021, are potentially involved:
    III. Noncompliance: Mercedes-Benz explains that the subject 
vehicles are equipped with a vehicle placard that incorrectly states 
the spare tire size for which the subject vehicles were originally 
equipped as required by paragraph S4.3(d) of FMVSS No. 110. 
Specifically, the vehicle placard states that the spare tire size is 
``225/55R17C'' when it should be ``205/65R16C.''
    IV. Rule Requirements: Paragraph S4.3(d) of FMVSS No. 110 includes 
the requirements relevant to this petition. Each vehicle, except for a 
trailer or incomplete vehicle, must show the tire size designation on a 
placard permanently affixed to the driver's side B-pillar and indicated 
by the headings ``size'' or ``original tire size'' or ``original 
size,'' and ``spare tire'' or ``spare,'' for the tires installed at the 
time of the first purchase for purposes other than resale. For full 
size spare tires, the statement ``see above'' may, at the 
manufacturer's option replace the tire size designation. If no spare 
tire is provided, the word ``none'' must replace the tire size 
designation.
    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.
    Mercedes-Benz explains that the subject noncompliance was 
discovered during an internal audit, and it was ``determined that 
incorrect spare tire information had been printed on placards due to an 
error documenting the spare tire size in the printing software used to 
produce the placards.'' Mercedes-Benz says that it promptly

[[Page 10427]]

corrected the error in the printing software on November 5, 2021.
    According to Mercedes-Benz, the incorrect tire size designation on 
the vehicle placard ``would have no effect on vehicle safety or 
operation.'' In the event that a consumer purchased a spare tire with 
the tire size indicated on the vehicle placard, Mercedes-Benz says that 
the ``tire would meet all loading and performance requirements for a 
temporary use spare tire.'' Mercedes-Benz claims that ``the tire 
specified on the incorrect placard could be substituted for the 
original spare tire without any adverse safety consequences.'' 
Mercedes-Benz explains that the misprinted tire size and the spare tire 
equipped with the subject vehicles ``both would enable the vehicles to 
be operated within specified performance and loading limits.'' 
Specifically, Mercedes-Benz says that ``either spare tire is rated to 
carry loads greater than 1,599 lbs. (for each tire) necessary to 
prevent overloading'' of the subject vehicles and the recommended 
inflation pressure is the same for both tires, ``so there is no risk 
that the placard would cause a customer to under- or over-inflate 
either tire.''
    Mercedes-Benz claims that the noncompliance is inconsequential to 
motor vehicle safety because the spare tire would only be used ``for a 
short period of time'' and only until the series tire can be replaced, 
after which the spare tire would be put back in the vehicle for future 
use. Mercedes-Benz adds that the owner's manual includes warnings that 
``clearly advise the vehicle owner that a spare tire should only be 
used for a very short time and at speeds of less than 50 mph.''
    Furthermore, Mercedes-Benz says replacing the spare tire based on 
the incorrect size would require the spare tire and rim to be replaced 
while ``ignoring the correct size plainly displayed on the very tire 
being replaced.''
    Although the tire information placard was misprinted, Mercedes-Benz 
says the subject vehicles are equipped with the correct size spare 
tire, and the spare tire is labeled with the correct tire size. 
Mercedes-Benz states that if a consumer used the misprinted tire 
information to replace the original spare tire, ``the tire would not 
fit the original rim,'' therefore, Mercedes-Benz believes the correct 
tire size of the original spare would be immediately identified.
    Mercedes-Benz believes NHTSA's prior decisions on 
inconsequentiality petitions support the granting of the subject 
petition. Mercedes-Benz refers to the following decisions of 
inconsequential noncompliance:
     Chrysler Group, LLC, Grant of Petition for Decision of 
Inconsequential Noncompliance, 78 FR 38443 (June 26, 2013),
     BMW of North America, LLC, Grant of Petition for Decision 
of Inconsequential Noncompliance, 84 FR 26505 (June 6, 2019)
     General Motors, LLC Grant of Petition for Decision of 
Inconsequential Noncompliance, 84 FR 25117 (May 30, 2019)
     BMW of North America, LLC, Grant of Petition for Decision 
of Inconsequential Noncompliance, 81 FR 62970 (September 13, 2016)
     BMW of North America, LLC, Grant of Petition for Decision 
of Inconsequential Noncompliance, 78 FR 76408 (December 17, 2013)
    Mercedes-Benz concludes by stating its belief that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety 
and 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. 2023-03403 Filed 2-16-23; 8:45 am]
BILLING CODE 4910-59-P


