[Federal Register Volume 63, Number 213 (Wednesday, November 4, 1998)]
[Notices]
[Pages 59623-59624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29519]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-98-3983; Notice 2]


Mercedes-Benz of North America, Inc., Grant 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.
    Notice of receipt of the application was published, with a 30-day 
comment period, on July 13, 1998, in the Federal Register (63 FR 
37620). NHTSA received no comments on this application during the 30-
day comment period.
    Mercedes-Benz states that 35,357 vehicles were produced from the 
beginning of production in January 1997 through April 13, 1998, which 
do not meet the labeling requirements stated in FMVSS No. 120. 
Mercedes-Benz equipped the vehicles with tire information labels on the 
fuel filler door that specify the tire size, rim size, and cold 
inflation pressure. The information is formatted differently than 
required by FMVSS No. 120. The size of the letters and numerals is also 
smaller than the required minimum of 2.4 millimeters. The label should 
have been 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 notify NHTSA, in writing, and request 
approval for an alternate location in the same general location
    Mercedes-Benz supported its application for inconsequential 
noncompliance with the following statements:
    1. With regards to the content of the label, all the information 
required by FMVSS No. 120 is contained in the label including 
recommended tire 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.
    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

[[Page 59624]]

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 notify NHTSA, in 
writing, and request approval for an alternate location in the same 
general location.
    The agency agrees with Mercedes-Benz that the label on these M-
class vehicles is likely to achieve the safety purpose of the tire 
label. First, all the information required by FMVSS No. 120 is correct 
and contained in the label including recommended tire size, rim size, 
and cold inflation pressure. Second, per the sample label provided by 
Mercedes-Benz, the letters can be easily read. Third, a vehicle owner 
will find the necessary and correct safety information in English units 
in the owner's manual, and the maximum inflation pressure properly 
marked on the tire.
    In consideration of the foregoing, NHTSA has decided that the 
applicant has met its burden of persuasion that the noncompliance it 
describes is inconsequential to safety. Accordingly, its application is 
granted, and the applicant is exempted from providing the notification 
of the noncompliance that is required by 49 U.S.C. 30118, and from 
remedying the noncompliance, as required by 49 U.S.C. 30120.

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

    Issued on October 30, 1998.
James R. Hackney,
Acting Associate Administrator for Safety Performance Standards.
[FR Doc. 98-29519 Filed 11-3-98; 8:45 am]
BILLING CODE 4910-59-P