[Federal Register Volume 90, Number 40 (Monday, March 3, 2025)]
[Notices]
[Pages 11089-11091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-03387]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2020-0010; Notice 2]
Mercedes-Benz USA, LLC, Grant of Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition.
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SUMMARY: Mercedes-Benz AG (MBAG) and Mercedes-Benz USA, LLC (MBUSA)
(collectively, ``Mercedes-Benz'') has determined that certain model
year (MY) 2019-2020 Mercedes-Benz CLA-Class, A-Class, GLA-Class, and
GLB-Class motor vehicles do not fully comply with Federal Motor Vehicle
Safety Standard (FMVSS) No. 135, Light Vehicle Brake Systems. Mercedes-
Benz filed a noncompliance report dated January 27, 2020, and
subsequently petitioned NHTSA on February 10, 2020, for a decision that
the subject noncompliance is inconsequential as it relates to motor
vehicle safety. This notice announces the grant of Mercedes-Benz's
petition.
FOR FURTHER INFORMATION CONTACT: Vince Williams, Office of Vehicle
Safety Compliance, the National Highway Traffic Safety Administration
(NHTSA), telephone (202) 366-2319.
SUPPLEMENTARY INFORMATION:
I. Overview: Mercedes-Benz has determined that certain MY 2019-2020
Mercedes-Benz CLA-Class, A-Class, GLA-Class, and GLB-Class motor
vehicles do not fully comply with the requirements of paragraph S5.5.5
of
[[Page 11090]]
FMVSS No. 135, Light Vehicle Brake Systems (49 CFR 571.135). Mercedes-
Benz filed a noncompliance report dated January 27, 2020, pursuant to
49 CFR part 573, Defect and Noncompliance Responsibility and Reports,
and subsequently petitioned NHTSA on February 10, 2020, for an
exemption from the notification and remedy requirements of 49 U.S.C.
Chapter 301 on the basis that this noncompliance is inconsequential as
it relates to motor vehicle safety, pursuant to 49 U.S.C. 30118(d) and
30120(h) and 49 CFR part 556, Exemption for Inconsequential Defect or
Noncompliance.
Notice of receipt of Mercedes-Benz's petition was published with a
30-day public comment period, on May 6, 2020, in the Federal Register
(85 FR 27024). NHTSA received one comment from the general public. To
view the petition and all supporting documents, log onto the Federal
Docket Management System (FDMS) website at https://www.regulations.gov/. Then follow the online search instructions to
locate docket number ``NHTSA-2020-0010.''
II. Vehicles Involved: Approximately 27,375 of the following MY
2019-2020 Mercedes-Benz CLA-Class, A-Class, GLA-Class, and GLB-Class
motor vehicles manufactured between August 20, 2018, and January 16,
2020, are potentially involved:
Mercedes-Benz A220
Mercedes-Benz A220 4MATIC
Mercedes-Benz A35 AMG 4MATIC
Mercedes-Benz CLA250
Mercedes-Benz CLA250 4MATIC
Mercedes-Benz CLA35 AMG 4MATIC
Mercedes-Benz CLA45 AMG 4MATIC
Mercedes-Benz GLA250 4MATIC
Mercedes-Benz GLB250
Mercedes-Benz GLB250 4MATIC
III. Noncompliance: Mercedes-Benz explains that the noncompliance
is that the instrument panel in the subject vehicles displays the
braking telltales in a slightly smaller size than required by paragraph
S5.5.5 of FMVSS No. 135. Specifically, the size of the text for the
brake telltales in the subject vehicles ranges between 2.92 mm to 3.17
mm when the minimum required is 3.2 mm.
IV. Rule Requirements: Paragraph S5.5.5 of FMVSS No. 135, includes
the requirements relevant to this petition. Each visual indicator shall
display a word or words in accordance with the requirements of FMVSS
No. 101 and S5.5 of FMVSS 135, 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.
V. Summary of Mercedes-Benz's Petition: The following views and
arguments presented in this section, ``V. Summary of Mercedes-Benz's
Petition,'' are the views and arguments provided by Mercedes-Benz and
do not reflect the views of the Agency. In its petition, Mercedes-Benz
describes the subject noncompliance and contends that the noncompliance
is inconsequential as it relates to motor vehicle safety.
In support of its petition, Mercedes-Benz offers the following
reasoning:
1. Mercedes-Benz believes that the letter height of the braking
telltales, which in this instance is slightly smaller than the
requirement, does not expose an occupant to any greater risk of injury
than an occupant in a vehicle with slightly larger font size.
2. Mercedes-Benz alleges that the purpose of the standardized size
requirement for the brake system warning telltales is to ensure they
are visually perceptible to drivers under all operating conditions.
Mercedes-Benz says that the Agency has a long and consistent history of
granting petitions for inconsequentiality for discrepancies involving a
letter height requirement where the text appeared somewhat smaller than
required. Mercedes-Benz says that NHTSA has granted petitions where the
telltales displayed included lettering that was as much as a full
millimeter less than the minimum size. See 47 FR 31347 (July 19, 1982)
(granting a petition of Subaru of America, Inc., where the brake system
indicator lettering was only 2.2 mm high, but the ISO symbol telltales
were located within the driver's line of sight and continued to be
``easily identifiable and very readable'').
3. Mercedes-Benz asserts that in addressing similar noncompliances
in the past, the Agency has determined that ``it is very unlikely that
a vehicle user would either fail to see or fail to understand the
meaning of the brake . . . warning light'' where the ``information
presented by the telltales is correct.'' See 81 FR 92963 (December 20,
2016) (granting General Motors' petition of over 46,000 vehicles where
the ``Park'' indicator displayed at 2.44 mm). In the General Motors
decision, the Agency found the discrepancy ``pose[d] little, if any,
risk to motor vehicle safety'' where all other braking indicator
requirements were met and the telltales were located in the instrument
cluster, adjacent to the speedometer and in direct view of the driver);
69 FR 41568 (July 9, 2004) (granting a petition of Hyundai Motor
Company involving more than 237,000 vehicles, where the FMVSS No. 105
braking system indicator letter height varied from 2.5 mm to 3.1 mm).
4. In subject noncompliance, the letter height for the braking
telltales are only slightly smaller than the 3.2 mm minimum. Depending
on the particular indicator, the text size can be smaller by a range of
0.03 mm up to a maximum of .28 mm. The electronic instrument cluster is
located within the driver's direct field of vision, and the braking
telltales are located adjacent to the speedometer and, therefore,
remain within the driver's direct line of sight. Mercedes-Benz claims
that this slight difference in size is not visually perceptible and
does not affect the driver's ability to read or understand the
telltales. Mercedes-Benz further asserts that the telltales are clearly
illuminated and remain visible under all driving conditions.
5. Mercedes-Benz states that all the telltales at issue here are
accurately depicted and are displayed in the correct colors, consistent
with FMVSS No. 101, Table 1. Thus, there should not be any confusion
about the meaning of the telltales, and the standard symbol that is
displayed continues to convey the intended meaning of the indicator.
Further, although the lettering that appears below the ISO symbols is
slightly smaller than 3.2 mm minimum height, the overall height of the
ABS and Parking Brake symbols is more than 3.2 mm and exceeds the
height requirement of the standard. Finally, the functionality of the
brake telltales themselves is not affected by the software issue. The
telltales properly display during both the instrument cluster warning
lamp operation check and in the event a brake malfunction was to occur.
6. Mercedes-Benz says that it has not received any reports related
to the performance of the telltales included on the 10.25-inch displays
in the subject vehicles. Nor has it received any reports related to
customers' inability to read or decipher the brake telltales.
Mercedes-Benz concludes that the subject noncompliance is
inconsequential as it relates to motor vehicle safety and that its
petition to be exempted from providing notification of the
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the
noncompliance, as required by 49 U.S.C. 30120, should be granted.
Mercedes-Benz's complete petition and all supporting documents are
available by logging onto the Federal Docket Management System (FDMS)
website at https://www.regulations.gov and by following the online
search instructions to locate the docket number as listed in the title
of this notice.
[[Page 11091]]
VI. Public Comment: NHTSA received one comment from the general
public. While the Agency takes great interest in the public's concerns
and appreciates the commenter's feedback, the comment does not address
the purpose of this particular petition.
VI. NHTSA's Analysis: In determining inconsequentiality of a
noncompliance, NHTSA focuses on the safety risk to individuals who
experience the type of event against which a recall would otherwise
protect.\1\ In general, NHTSA does not consider the absence of
complaints or injuries when determining if a noncompliance is
inconsequential to safety. The absence of complaints does not mean
vehicle occupants have not experienced a safety issue, nor does it mean
that there will not be safety issues in the future.\2\ Further, because
each inconsequential noncompliance petition must be evaluated on its
own facts and determinations are highly fact-dependent, NHTSA does not
consider prior determinations as binding precedent. Petitioners are
reminded that they have the burden of persuading NHTSA that the
noncompliance is inconsequential to safety.
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\1\ See Gen. Motors, LLC; Grant of Petition for Decision of
Inconsequential Noncompliance, 78 FR 35355 (June 12, 2013) (finding
noncompliance had no effect on occupant safety because it had no
effect on the proper operation of the occupant classification system
and the correct deployment of an air bag); Osram Sylvania Prods.
Inc.; Grant of Petition for Decision of Inconsequential
Noncompliance, 78 FR 46000 (July 30, 2013) (finding occupant using
noncompliant light source would not be exposed to significantly
greater risk than occupant using similar compliant light source).
\2\ See Morgan 3 Wheeler Limited; Denial of Petition for
Decision of Inconsequential Noncompliance, 81 FR 21663, 21666 (Apr.
12, 2016); see also United States v. Gen. Motors Corp., 565 F.2d
754, 759 (D.C. Cir. 1977) (finding defect poses an unreasonable risk
when it ``results in hazards as potentially dangerous as sudden
engine fire, and where there is no dispute that at least some such
hazards, in this case fires, can definitely be expected to occur in
the future'').
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While reviewing the facts of the case, OVSC reached out to Mercedes
to find out if there were additional warnings messages that triggered
along with the brake indicator. Mercedes provided several screenshots
that show supplemental warning messages that activate along with brake
indicator and help convey the required brake warnings to the driver.
Taking into consideration all of the information provided and the
oversized height of the additional information, the Agency agrees with
Mercedes-Benz that this noncompliance will not have an adverse effect
on vehicle safety. Despite the letter height of the braking telltales
being slightly smaller than the 3.2 mm requirement, the overall height
of the adjacent ABS and Parking Brake ISO symbols is more than 3.2 mm
and exceeds the height requirement of the standard. Additionally, the
instrument cluster's braking telltales are adjacent to the speedometer
and directly within the driver's direct field of view. The
aforementioned facts support a conclusion that it would be unlikely for
a driver to fail to perceive and understand the meaning of the
illuminated telltale and symbols. As the symbols are accurately
depicted and are displayed in the correct colors, consistent with FMVSS
No. 101, Table 1, there should not be any confusion about the meaning
of the telltales; and the standard symbol that is displayed continues
to convey the intended meaning of the indicator. The information
presented by the telltales is correct.
VII. NHTSA's Decision: In consideration of the foregoing, NHTSA
finds that Mercedes-Benz has met its burden of persuasion that the
subject FMVSS No. 135 noncompliance in the affected vehicles is
inconsequential to motor vehicle safety. Accordingly, Mercedes-Benz's
petition is hereby granted, and Mercedes-Benz is consequently exempted
from the obligation of providing notification of, and a free remedy for
that noncompliance under 49 U.S.C. 30118 and 30120.
NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in section 30118 and 30120, respectively, to
notify owners, purchasers, and dealers of a defect or noncompliance and
to remedy the defect or noncompliance. Therefore, this decision only
applies to the subject vehicles that Mercedes-Benz no longer controlled
at the time it determined that the noncompliance existed. However, the
granting of this petition does not relieve vehicle distributors and
dealers of the prohibitions on the sale, offer for sale, or
introduction or delivery for introduction into interstate commerce of
the noncompliant vehicles under their control after Mercedes-Benz
notified them that the subject noncompliance existed.
(Authority: 49 U.S.C. 30118, 30120: delegations of authority at 49
CFR 1.95 and 501.8)
Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2025-03387 Filed 2-28-25; 8:45 am]
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