[Federal Register Volume 67, Number 130 (Monday, July 8, 2002)]
[Notices]
[Page 45180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17011]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2002-12544; Notice 1]


Mercedes-Benz, U.S.A., Inc., Receipt of Application for Decision 
of Inconsequential Noncompliance

    Mercedes-Benz, U.S.A., Inc., (MBUSA) has determined that a limited 
number of model year 2003 Mercedes-Benz SL-Class, E-Class and CLK-Class 
vehicles it produced and sold is not in full compliance with 49 CFR 
571.135, Federal Motor Vehicle Safety Standard (FMVSS) No. 135, 
``Passenger Car Brake Systems,'' and has filed an appropriate report 
pursuant to 49 CFR part 573, ``Defect and Noncompliance Reports.'' 
MBUSA 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 noncompliant vehicles were produced and sold with brake warning 
indicators that do not meet certain requirements mandated by FMVSS No. 
135. Paragraph S5.5.5(a) of FMVSS No. 135 requires that all vehicles be 
equipped with a brake warning indicator lamp. The standard enumerates 
specific minimum parameters applicable to the warning:

    Each visual indicator shall display a word or words in 
accordance with the requirements of Standard No. 101 (49 CFR 
571.101) [i.e., ``Brake''] and this section, which shall be legible 
to the driver under all daytime and nighttime conditions when 
activated. Unless otherwise specified, the words shall have letters 
not less than 3.2 mm (\1/8\ inch) high and the letters and 
background shall be of contrasting colors, one of which is red. 
Words and symbols in addition to those required by Standard No. 101 
and this section may be provided for purposes of safety.

The affected vehicles are equipped with a ``Brake'' indicator warning 
lamp located in the upper right hand corner of the speedometer display. 
The letters in the indicator warning ``BRAKE'' were changed from all 
upper case letters to mixed upper and lower case letters. As a result, 
the letters ``B'' and ``k'' in the ``Brake indicator lamp meet the 
minimum height requirements of FMVSS No. 135, but the letters ``r,'' 
``a,'' and ``e'' are \7/10\ mm shorter than the minimum 3.2 mm 
requirements. MBUSA does not believe that the \7/10\ mm difference is 
discernable by the average driver for the following reasons:
    1. The ``Brake'' warning indicator is still easily recognizable due 
to its positioning on the dashboard, the color of the indicator and 
other factors.
    2. In addition to the ``Brake'' warning indicator, each of the 
affected Mercedes-Benz vehicles is also equipped with a dual screen 
message center that provides brake system information in a highly 
visible and audible manner.
    MBUSA believes that the noncompliance is inconsequential to motor 
vehicle safety, and no corrective action is warranted. Interested 
persons are invited to submit written data, views, and arguments on the 
application 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, notice of the decision will be 
published in the Federal Register pursuant to the authority indicated 
below. Comment closing date: August 7, 2002.

(49 U.S.C. 301118, 301120; delegations of authority at 49 CFR 1.50 
and 501.8)
    Issued on: July 2, 2002.
Stephen R. Kratzke,
Associate Administrator for Safety Performance Standards.
[FR Doc. 02-17011 Filed 7-5-02; 8:45 am]
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