[Federal Register Volume 63, Number 133 (Monday, July 13, 1998)]
[Notices]
[Pages 37620-37621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18537]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-98-3983]


Mercedes-Benz of North America, Inc., Receipt of Application for 
Decision of Inconsequential Noncompliance

    Mercedes-Benz of North America, Inc. (Mercedes-Benz) of Montvale, 
New Jersey has determined that some 1998 Mercedes-Benz M-class vehicles 
fail to comply with 49 CFR 571.120, Federal Motor Vehicle Safety 
Standard (FMVSS) No. 120, ``Tire selection and rims for vehicles other 
than passenger cars,'' and has filed an appropriate report pursuant to 
49 CFR Part 573, ``Defect and noncompliance reports.'' Mercedes-Benz 
has also applied to be exempted from the notification and remedy 
requirements of 49 U.S.C. Chapter 301--``Motor Vehicle Safety'' on the 
basis that the noncompliance is inconsequential to motor vehicle 
safety.
    This notice of receipt of an application 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 application.
    The purpose of FMVSS No. 120 is to provide safe operation of 
vehicles by ensuring that those vehicles are equipped with tires of 
appropriate size and load rating; and rims of appropriate size and type 
designation. Paragraph S5.3, Label information, of FMVSS No. 120 states 
that each vehicle shall show the appropriate tire information (such as: 
recommended cold inflation pressure) and rim information (such as: size 
and type designations) in the English language. This information must 
appear either on the certification label or a tire information label, 
lettered in block capitals and numerals not less than 2.4 millimeters 
high, and in the prescribed format. In addition, FMVSS No.120 requires 
that the label be affixed to the hinge pillar, the door-latch post, the 
door edge that meets the latch post, or next to the driver's seating 
position. If these locations are impractical, the label shall be 
affixed to the inward-facing surface of the door next to the driver's 
seating position. However, if all of the preceding locations are not 
practical, the manufacturer can notified, in writing, NHTSA and request 
approval for an alternate location in the same general location.
    Mercedes-Benz states that 35,357 vehicles were produced from the 
beginning of production in January 1997 through April 13, 1998 that do 
not meet the labeling requirements stated in the

[[Page 37621]]

FMVSS No. 120. Mercedes-Benz equipped the vehicles with tire 
information labels that specify the tire size, rim size, and cold 
inflation pressure on the fuel filler door. The information is 
formatted differently than as required by the FMVSS No. 120. The size 
of the letters and numerals are less than the required minimum of 2.4 
millimeters.
    Mercedes-Benz supports its application for inconsequential 
noncompliance with the following statements:
    1. With regards to the content of the label, all the information 
required by the FMVSS No. 120 is contained in the label including, 
recommended tires size, rim size, and cold inflation pressure.
    2. Although the height of the labeling is less than the required 
minimum of 2.4 mm, the letters in the labels are of sufficient size and 
color to be easily read.
    3. With regards to the labeling format, Mercedes-Benz believes that 
placing the English units before the metric units is not a 
noncompliance that affects vehicle safety, because consumers in the 
U.S. are generally more familiar with English units of measurement than 
metric units.
    4. Regarding the location of the tire information label, Mercedes-
Benz believes that consumers interested in checking their tire pressure 
labels would likely perform this check at gas stations, convenience 
stores, or auto repair facilities. In some cases, this label's location 
serves as a reminder to check the tire pressure.
    5. Based on the convenient location of the tire information label, 
the reference information in the owner's manual, and the maximum 
inflation pressure marked on the tire, Mercedes-Benz believes that the 
tire information label on the fuel filler door is an inconsequential 
noncompliance.
    Interested persons are invited to submit written data, views, and 
arguments on the application of Mercedes-Benz described above. Comments 
should refer to the docket number and be submitted to: U.S. Department 
of Transportation, Docket Management, Room PL-401, 400 Seventh Street, 
SW, Washington, DC, 20590. It is requested that two copies be 
submitted.
    All comments received before the close of business on the closing 
date indicated below will be considered. The application and supporting 
materials, and all comments received after the closing date, will also 
be filed and will be considered to the extent possible. When the 
application is granted or denied, the notice will be published in the 
Federal Register pursuant to the authority indicated below.
    Comment closing date: August 12, 1998.

(49 U.S.C. 30118, 30120; delegations of authority at 49 CFR 1.50 and 
501.8)

    Issued on: July 7, 1998.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 98-18537 Filed 7-10-98; 8:45 am]
BILLING CODE 4910-59-P