[Federal Register Volume 65, Number 177 (Tuesday, September 12, 2000)]
[Notices]
[Pages 55073-55074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23333]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2000-7854 Notice 1]


Mercedes-Benz USA, LLC; Receipt of Application for Determination 
of Inconsequential Non-Compliance

    Mercedes-Benz USA, (MBUSA) of Montvale, New Jersey has applied to 
be exempted from the notification and remedy requirements of 49 U.S.C. 
Chapter 301 ``Motor Vehicle Safety'' for a noncompliance with Federal 
Motor Vehicle Safety Standard (FMVSS) No. 208, ``Occupant Crash 
Protection,'' on the basis that the noncompliance is inconsequential to 
motor vehicle safety. MBUSA has filed a report of noncompliance 
pursuant to 49 CFR Part 573 ``Defects and Noncompliance Reports.''
    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 judgement concerning the merits of the application.

Description of Noncompliance

    MBUSA is a wholly owned subsidiary of DaimlerChrysler, AG (DCAG). 
MBUSA is incorporated in the state of Delaware and conducts business 
throughout the United States from the Company's headquarters at One 
Mercedes Drive, Montvale, New Jersey, 07645.
    A limited number of model year 2000 Mercedes-Benz M-Class vehicles, 
manufactured by Mercedes-Benz, U.S. International, Inc. (MBUSI), the 
domestic manufacturing subsidiary of DCAG, are equipped with audible 
seat belt warning devices that do not meet certain requirements 
mandated by FMVSS No. 208. Specifically, FMVSS No. 208 requires that 
all passenger vehicles of less than 10,000 pounds gross vehicle weight 
rating (GVWR) incorporate a visual and audible seat belt warning system 
that alerts the driver when the seat belt is unbuckled and the 
vehicle's ignition switch is moved to either the ``on'' or ``start'' 
position. Manufacturers are afforded two options regarding the visual 
and audible warning requirements. Specifically, FMVSS No. 208, 
Paragraph S7.3 states:
    ``(a) A seat belt assembly provided at the driver's seating 
position shall be equipped with a warning system that, at the option of 
the manufacturer, either--
    (1) Activates a continuous or intermittent audible signal for a 
period of not less than 4 seconds and not more than 8 seconds
    (2) and that activates a continuous or flashing warning light 
visible to the driver displaying the identifying symbol for the seat 
belt telltale shown in Table 2 of FMVSS 101 or, at the option of the 
manufacturer if permitted by FMVSS 101, displaying the words ``Fasten 
Seat Belts'' or ``Fasten Belts'', for not less than 60 seconds 
(beginning when the vehicle ignition switch is moved to the ``on'' or 
``start'' position) when condition (b) exists simultaneously with 
condition (c), or that
    (3) Activates for a period of not less than 4 seconds and not more 
that 8 seconds (beginning when the vehicle ignition switch is moved to 
the ``on'' of the ``start'' position), a continuous or flashing warning 
light visible to the driver, displaying the identifying symbol of the 
seat belt telltale shown in Table 2 of FMVSS 101 or, at the option of 
the manufacturer, if permitted by FMVSS 101, displaying the words 
``Fasten Seat Belts'' or ``Fasten Belts,'' when condition (b) exists, 
and a continuous or intermittent audible signal when condition (b) 
exists simultaneously with condition (c).
    (b) The vehicle's ignition switch is moved to the ``on'' position 
or to the ``start'' position.
    (c) The driver's lap belt is not in use, as determined, at the 
option of the manufacturer, either by the belt latch mechanism not 
being fastened, or by the belt not being extended by at least 4 inches 
from its stowed position.'' (emphasis added)
    In the M-Class vehicles identified above, the seat belt warning 
system operates as follows. If a driver enters the vehicle, but 
neglects to fasten his/her seat belt, when the driver turns the 
ignition to the ``on'' or ``start'' position, a visual warning will 
flash and an audible warning will sound for eight seconds or until the 
driver buckles his/her seat belt. If a driver enters the vehicle and 
promptly fastens his/her seat belt and then turns the ignition to the 
``on'' or ``start'' position, the visual warning will flash for four to 
eight seconds. In addition, the audible warning will sound for a brief 
period of time less than four seconds (approximately two seconds). This 
additional audible warning was intended to act as part of the vehicle 
start-up systems check to alert the driver that all warning systems are 
fully operational. Based on a July 12, 2000 letter of interpretation 
from NHTSA, however, MBUSA has learned that the additional two-second 
audible warning that occurs after the seat belt is fastened is not in 
compliance with the requirements of FMVSS No. 208 S7.3. Accordingly, 
MBUSA submitted this petition for determination of inconsequential 
noncompliance with regards to the extra seat belt buzzers.

Supporting Information Submitted by MBUSA

    MBUSA does not believe that the foregoing noncompliance will impact 
motor vehicle safety for a number of reasons. Specifically, a very 
limited number of these vehicles were produced with the extra buzzer in 
model year 2000. No other model year vehicles have this feature. In 
addition, because the audible and visual seat belt warning work as 
otherwise required by FMVSS No. 208, MBUSA believes that the extra 
buzzer is, at worst, an annoyance to the driver and does not detract 
from the safety intent served by the audible signal. Moreover, since 
the vast majority of vehicle owners do not even buckle their seat belts 
until after starting their vehicle, MBUSA does not believe that drivers 
will even notice this extra feature. Those that do notice this feature 
will only encounter it during vehicle start up and at no other time 
(i.e., while the vehicle is in operation). Consequently, MBUSA believes 
this noncompliance is inconsequential to motor vehicle safety.
    MBUSA introduced the additional two-second buzzer as a new feature 
into its model year 2000 M-Class vehicles at the beginning of 
production. Because a question had arisen regarding the compliance 
status of this feature with the requirements of FMVSS 208, this feature 
was removed while model year 2000 M-Class vehicles were in production 
in order to allow MBUSA time to obtain a definitive response from 
NHTSA. As a result, only a very limited number of these vehicles were 
produced with the additional buzzer feature. MBUSA estimates that only 
4,354 out of 56,264 vehicles produced as of August 17, 2000 has this 
feature. This figure

[[Page 55074]]

represents only 7.7% of the M-Class vehicles manufactured and sold for 
model year 2000 to date. This figure will be even lower as production 
and sale of the 2000 model year vehicle continues. As a result of this 
extremely low number, MBUSA does not believe that vehicles equipped 
with the additional buzzer pose a substantial decrease in safety for M-
Class owners.
    MBUSA continues to believe that the additional buzzer will enhance 
safety. Specifically, as noted in their October 5, 1999 request for 
interpretation, MBUSA incorporated this additional buzzer as a systems 
check to alert vehicle operators of the proper functioning of the 
audible warning system. Given the extremely short duration of this 
additional buzzer (approximately two seconds), MBUSA believes that the 
annoyance factor is low in comparison to the value provided by the 
systems check. Additionally, the brief audible signal alerted drivers 
to the importance of safety belt use. While the driver may have been 
buckled when this alert sounded, the extra reminder may still have been 
helpful in reminding drivers that other occupants should also be sure 
to fasten their seat belts, MBUSA believes that this reminder is 
analogous to the Ford Motor Company's planned new ``Belt-Minder'' 
system. As described at the Ford Motor Company Web site,

    [t]he Belt-Minder system will use a safety belt usage sensor 
located in the belt buckle to determine whether a driver is buckled up. 
The sensor feeds this information to a control module, and if a driver 
is unbelted when the vehicle is in motion, a red light in the 
instrument panel will illuminate and a chime will intermittently sound 
to remind customers to use their safety belts. In time, the system will 
be expanded to offer front-seat passengers the same type of reminder.

    See, http://www.ford.com/default.asp?pageid=69 &storyid=274. Like 
the Ford Motor Company Belt-Minder system, the Mercedes-Benz system 
also serves to remind drivers of the importance of seat belt use and to 
assure drivers that the buzzer is working. Thus, MBUSA believe the 
buzzer enhances safety and as such represents a noncompliance that is 
inconsequential to motor vehicle safety.
    MBUSA also believes that the situations in which the additional 
buzzer will operate also does not negatively impact motor vehicle 
safety. Specifically, the additional buzzer only sounds under certain 
conditions, namely upon vehicle startup when the driver has already 
fastened his seat belt. In this limited situation, the vehicle engine 
has just been started and the vehicle is typically not yet in motion. 
By the time the driver engages the transmission and proceeds, the 
additional buzzer has already run through its systems check and has 
shut off. Thereafter, the only time the buzzer will again sound is when 
the vehicle engine is restarted after it has first been stopped and 
turned off. Consequently, the buzzer will not operate anytime the 
vehicle is in motion where it may otherwise distract the driver. For 
this additional reason, MBUSA believes that the extra buzzer, while not 
in compliance with the requirements of FMVSS No. 208, is not a 
noncompliance that will negatively impact motor vehicle safety.
    Based on the above analysis, MBUSA does not believe that the extra 
seat belt warning buzzer has any appreciable impact on motor vehicle 
safety. Unbelted drivers will receive both the audible and visual 
warnings for eight seconds as required by FMVSS No. 208 when the 
vehicle's ignition is turned to the ``on'' or ``start'' position. 
Belted drivers receive the visual warning and a two second audible 
warning check that merely informs him/her that the audible warning 
system is operational and reminds the driver of the importance of seat 
belt use. Due to the extremely short duration of the check audible 
warning versus the audible warning indicating the need to fasten seat 
belts, MBUSA believes that belted drivers will not be unduly bothered 
or confused by the check audible warning. As a result, the MBUSA 
believes that there will be no diminished effect to the full eight 
second warning to unbelted drivers reminding them to buckle up. In 
addition, the additional check buzzer does not operate in situations 
where the vehicle may be in motion, thus not providing a distraction 
for vehicle operators that may interfere with operation of the vehicle. 
Finally, the number of affected vehicles is small (i.e., approximately 
7%). For the foregoing reasons, MBUSA has requested NHTSA grant the 
petition for determination of inconsequential noncompliance.
    Interested persons are invited to submit written data, views and 
arguments on the petition of MBUSA, described above. Comments should 
refer to the Docket Number and be submitted to: Docket Management, 
National Highway Traffic Safety Administration, 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 practicable. 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: October 12, 2000,

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

    September 6, 2000.
Stephen R. Kratzke,
Associate Administrator for Safety Performance Standards.
[FR Doc. 00-23333 Filed 9-11-00; 8:45 am]
BILLING CODE 4910-59-P