[Federal Register Volume 70, Number 105 (Thursday, June 2, 2005)]
[Notices]
[Page 32398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10785]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2005-21270; Notice 1]


Mercedes-Benz USA LLC, Receipt of Petition for Decision of 
Inconsequential Noncompliance

    Mercedes-Benz USA LLC (Mercedes) has determined that the designated 
seating capacity placards for certain vehicles that it produced in 2004 
do not comply with S4.3(b) of 49 CFR 571.110, Federal Motor Vehicle 
Safety Standard (FMVSS) No. 110, ``Tire selection and rims.'' Mercedes 
has filed an appropriate report pursuant to 49 CFR Part 573, ``Defect 
and Noncompliance Reports.''
    Pursuant to 49 U.S.C. 30118(d) and 30120(h), Mercedes has 
petitioned for an exemption from the notification and remedy 
requirements of 49 U.S.C. Chapter 301 on the basis that this 
noncompliance is inconsequential to motor vehicle safety.
    This notice of receipt of Mercedes' petition 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 petition.
    Affected are a total of approximately 1,576 SLK class vehicles 
produced between March 24, 2004 and December 15, 2004. S4.3(b) of FMVSS 
No. 110 requires that a ``placard, permanently affixed to the glove 
compartment door or an equally accessible location, shall display the * 
* * [d]esignated seating capacity * * * .'' The noncompliant vehicles 
have placards stating that the seating capacity is four, when in fact 
the seating capacity is two.
    Mercedes believes that the noncompliance is inconsequential to 
motor vehicle safety and that no corrective action is warranted. 
Mercedes states:

    * * * most, if not all, consumers will look at the number of 
seats in the vehicle and the number of safety belts to determine its 
capacity, rather than looking at the tire information placard. 
Because the SLK Roadster is a two-seater vehicle with no rear seat, 
it is immediately obvious that the seating capacity is two and not 
four, and that it is not possible to seat four occupants in the 
vehicle.

    Mercedes further states:

    Because it is impossible for the SLK to hold four occupants, the 
seating capacity labeling error has no impact on the vehicle 
capacity weight, recommended cold tire inflation pressure and 
recommended size designation information. All of this information is 
correct on the tire information placard. Moreover, the purpose of 
providing seating capacity information is to prevent vehicle 
overloading. Because the SLK holds only two occupants, it is not 
possible to overload the vehicle due to reliance on the tire 
information placard.

    Interested persons are invited to submit written data, views, and 
arguments on the petition described above. Comments must refer to the 
docket and notice number cited at the beginning of this notice and be 
submitted by any of the following methods. Mail: Docket Management 
Facility, U.S. Department of Transportation, Nassif Building, Room PL-
401, 400 Seventh Street, SW., Washington, DC, 20590-0001. Hand 
Delivery: Room PL-401 on the plaza level of the Nassif Building, 400 
Seventh Street, SW., Washington, DC. It is requested, but not required, 
that two copies of the comments be provided. The Docket Section is open 
on weekdays from 10 a.m. to 5 p.m. except Federal Holidays. Comments 
may be submitted electronically by logging onto the Docket Management 
System Web site at http://dms.dot.gov. Click on ``Help'' to obtain 
instructions for filing the document electronically. Comments may be 
faxed to 1-202-493-2251, or may be submitted to the Federal eRulemaking 
Portal: go to http://www.regulations.gov. Follow the online 
instructions for submitting comments.
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated below will 
be filed and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the extent possible. When the petition is granted or 
denied, notice of the decision will be published in the Federal 
Register pursuant to the authority indicated below.
    Comment closing date: July 5, 2005.

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


    Issued on: May 25, 2005.
Ronald L. Medford,
Senior Associate Administrator for Vehicle Safety.
[FR Doc. 05-10785 Filed 6-1-05; 8:45 am]
BILLING CODE 4910-59-P