Federal Register, Volume 90 Issue 94 (Friday, May 16, 2025)

[Federal Register Volume 90, Number 94 (Friday, May 16, 2025)]
[Notices]
[Pages 21115-21117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-08809]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket Nos. NHTSA-2024-0043, NHTSA-2024-0044, and NHTSA-2024-0063;
Notice 1]

Mercedes-Benz AG, Mercedes-Benz USA, LLC, and Daimler Vans USA,
LLC, Receipt of Petitions for Decision of Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Receipt of petitions.

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SUMMARY: Mercedes-Benz AG, Mercedes-Benz USA, LLC, and Daimler Vans
USA, LLC (collectively, ``Mercedes-Benz'') have determined that certain
model year (MY) 2001-2025 Mercedes-Benz and Daimler Vans motor vehicles
do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS)
No. 110, Tire Selection and Rims and Motor Home/Recreation Vehicle
Trailer Load Carrying Capacity Information for Motor Vehicles With a
GVWR of 4,536 kilograms (10,000 pounds) or Less, or FMVSS No. 120, Tire
Selection and Rims and Motor Home/Recreation Vehicle Trailer Load
Carrying Capacity Information for Motor Vehicles With a GVWR of More
Than 4,536 kilograms (10,000 pounds). Mercedes-Benz USA, LLC, and
Daimler Vans, USA, LLC, filed noncompliance reports dated May 25, 2024,
and June 24, 2024. Mercedes-Benz subsequently petitioned NHTSA (the
``Agency'') on June 14, 2024, and on July 12, 2024, for a decision that
the subject noncompliances are inconsequential as they relate to motor
vehicle safety. This document announces receipt of Mercedes-Benz's
petitions.

DATES: Send comments on or before June 16, 2025.

ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice numbers cited in the title of this notice and may be
submitted by any of the following methods:
Mail: Send comments by mail addressed to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590.
Hand Delivery: Deliver comments by hand to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m.
except for Federal Holidays.
Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting
comments.
Comments may also be faxed to (202) 493-2251.
Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided.
All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.

[[Page 21116]]

When the petitions are granted or denied, notice of the decision
will also be published in the Federal Register pursuant to the
authority indicated at the end of this notice.
All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the internet at
https://www.regulations.gov by following the online instructions for
accessing the dockets. The docket ID numbers for these petitions are
shown in the heading of this notice.
DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000 (65 FR 19477-78).

FOR FURTHER INFORMATION CONTACT: Kamna Ralhan, General Engineer, NHTSA,
Office of Vehicle Safety Compliance, (202) 366-6443.

SUPPLEMENTARY INFORMATION:
I. Overview: Mercedes-Benz determined that certain MY 2001-2024
Mercedes-Benz and Daimler Vans motor vehicles do not fully comply with
paragraph S4.3.3 of FMVSS No. 110, Tire Selection and Rims and Motor
Home/Recreation Vehicle Trailer Load Carrying Capacity Information for
Motor Vehicles With a GVWR of 4,536 kilograms (10,000 pounds) or Less
(49 CFR 571.110), or paragraph S5.3 of FMVSS No. 120, Tire Selection
and Rims and Motor Home/Recreation Vehicle Trailer Load Carrying
Capacity Information for Motor Vehicles With a GVWR of More Than 4,536
kilograms (10,000 pounds) (49 CFR 571.120).
Mercedes-Benz filed a noncompliance report (24V-373) dated May 24,
2024, and amended it on May 28, 2024, May 31, 2024, and June 14, 2024,
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility
and Reports. Mercedes-Benz petitioned NHTSA on June 14, 2024, for an
exemption from the notification and remedy requirements of 49 U.S.C.
chapter 301 on the basis that these noncompliances are inconsequential
as they relate 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.
Mercedes-Benz also filed two noncompliance reports on June 24, 2024
(24V-472 and 24V-473), and amended recall report 24V-473 on June 27,
2024, July 1, 2024, and July 2, 2024, pursuant to 49 CFR part 573,
Defect and Noncompliance Responsibility and Reports. Mercedes-Benz
submitted a petition for each noncompliance report on July 12, 2024,
for an exemption from the notification and remedy requirements of 49
U.S.C. chapter 301 on the basis that these noncompliances are
inconsequential as they relate 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.
This notice of receipt of Mercedes-Benz's petitions is published
under 49 U.S.C. 30118 and 30120 and does not represent any agency
decision or another exercise of judgment concerning the merits of the
petitions.
II. Vehicles Involved: Approximately 308,898 of the following
Mercedes-Benz motor vehicles manufactured between September 3, 2001,
and May 27, 2024, were reported by the manufacturer:

MY 2002-2008 Mercedes-Benz G 500
MY 2003-2011 Mercedes-Benz AMG G 55
MY 2009-2024 Mercedes-Benz G 550
MY 2017-2018 Mercedes-Benz G550 4x4 \2\ (squared)
MY 2013-2024 Mercedes-Benz Mercedes-AMG G 63
MY 2022-2023 Mercedes-Benz Mercedes-AMG G 63 4x4 \2\ (squared)
MY 2016-2018 Mercedes-Benz Mercedes-AMG G 65
2022-2023 Mercedes-Benz EQB 250
2023-2024 Mercedes-Benz EQB 300
2022-2024 Mercedes-Benz EQB 350
2023-2024 Mercedes-Benz EQE 350 SUV
2023-2024 Mercedes-Benz EQE 500 SUV
2023-2024 Mercedes-Benz EQS 450 SUV
2023-2024 Mercedes-Benz EQS 580 SUV
2023-2025 Mercedes-Benz GLA 250
2023-2025 Mercedes-Benz GLB 250
2024 Mercedes-Benz GLC 300 Coupe
2023-2024 Mercedes-Benz GLC 300
2023-2024 Mercedes-Benz GLE 350
2024 Mercedes-Benz GLE 450 e
2023-2024 Mercedes-Benz GLE 450
2023-2024 Mercedes-Benz GLE 580
2023-2024 Mercedes-Benz GLS 450
2023-2024 Mercedes-Benz GLS 580
2024 Mercedes-Benz Maybach EQS 680 SUV
2023-2024 Mercedes-Benz Maybach GLS 600
2024 Mercedes-Benz AMG EQE SUV
2023-2024 Mercedes-Benz AMG GLE 53 Coupe
2023-2024 Mercedes-Benz AMG GLE 53
2023-2024 Mercedes-Benz AMG GLE 63 S
2023-2024 Mercedes-Benz AMG GLS 63

Approximately 680,077 of the following Daimler Vans motor vehicles
manufactured between December 20, 2000, and June 14, 2024, were also
reported by the manufacturer:

MY 2003-2021 Freightliner Sprinter Van 2500
MY 2001-2021 Freightliner Sprinter Van 3500
MY 2005-2009 Dodge Sprinter Van 2500
MY 2005-2009 Dodge Sprinter Van 3500
MY 2007-2023 Mercedes-Benz Sprinter Van 1500
MY 2007-2024 Mercedes-Benz Sprinter Van 2500
MY 2007-2024 Mercedes-Benz Sprinter Van 3500
MY 2018-2024 Mercedes-Benz Sprinter Van 3500XD
MY 2016-2023 Metris Van
MY 2017-2024 Mercedes-Benz Sprinter Van 4500

III. Rule Requirements: Paragraphs S4.3.3 of FMVSS No. 110 and S5.3
of FMVSS No. 5.3 include the requirements relevant to the petitions.
Paragraph S4.3.3 requires that all vehicles be labeled with the rim
size and type designation for the appropriate tire after the required
GAWR certification label, in block capital letters and numbers in the
English language, in a font size no less than 2.4 millimeters in
height. Prior to September 1, 2003, paragraph S5.3 of FMVSS No. 120
provided the relevant labeling requirements for multipurpose passenger
vehicles. Effective September 1, 2003, the applicability of FMVSS Nos.
110 and 120 were revised, such that the requirements for the
certification label affixed to certain vehicles with a GVWR of 10,000
pounds or less became those of FMVSS No. 110, paragraph S4.3.3 (68 FR
38116). Some of the subject vehicles were manufactured prior to
September 1, 2003, and those vehicles were subject to the tire and rim
certification label requirements set forth in FMVSS No. 120, paragraph
S5.3. Those vehicles in the population with a GVWR greater than 10,000
pounds are still subject to the label requirements in FMVSS No. 120.
IV. Noncompliance: Mercedes-Benz explains that the subject vehicles
are equipped with placards (also referred to as ``certification
labels'') that do not comply with labeling requirements in FMVSS No.
110 and FMVSS No. 120 because the placards on the driver's side B-
pillar are missing the required information on tire and rim size, as
well as the manufacturer's recommended cold inflation pressure.
V. Summary of Mercedes-Benz's Petition: The following views and
arguments presented in this section, ``V.

[[Page 21117]]

Summary of Mercedes-Benz's Petition,'' are the views and arguments
provided by Mercedes-Benz. They have not been evaluated by the Agency
and do not reflect the views of the Agency. Mercedes-Benz describes the
subject noncompliance and contends that the noncompliances are
inconsequential as they relate to motor vehicle safety.
Mercedes-Benz states that NHTSA has ``an unbroken line of
precedent'' of granting inconsequential noncompliance petitions in the
case of labeling omissions, particularly in those cases where the
information provided on the placards can be found in convenient
alternate sources. In support of its petition, Mercedes-Benz submitted
the following reasoning:
1. Mercedes-Benz notes that NHTSA distinguishes between labeling
requirements and performance requirements and that the threshold to
qualify as an inconsequential noncompliance is lower for labeling
requirements with no performance implications. Mercedes-Benz cites
Federal Motor Vehicle Safety Standards; Tires, 68 FR 38116 (June 26,
2003), to illustrate that the purpose of FMVSS No. 110 and FMVSS No.
120 is to ensure safe and operational performance by requiring that
vehicles are equipped with tires of adequate load rating and rims of
appropriate size and type designation. Mercedes-Benz also cites two
previous petitions: Chrysler, LLC, Grant of Petition for Decision of
Inconsequential Noncompliance, 73 FR 39779 (July 10, 2008); and
Volkswagen of America, Inc., Grant of Application for Decision of
Inconsequential Noncompliance, 67 FR 19803 (April 23, 2002), to show
that there is established precedent to NHTSA granting inconsequential
noncompliance in cases involving labeling noncompliances if the
information contained is readily available to potential users.
2. Mercedes-Benz states that the tire and rim size information as
well as recommended cold inflation pressure, while not found on the
required label in the required location, can be easily found in other
locations throughout the vehicle and, therefore does not create a
significantly greater risk to an occupant than a vehicle that complies
with FMVSS No. 110 and FMVSS No. 120. For the GLE-Series, GLS-Series,
EQB-Series, GLA-Series, GLB-Series, EQE-Series, EQS-Series, GLC-Series,
G-Series multipurpose passenger vehicles and Sprinter Metris vans with
a GVWR less than 10,000 pounds, the tire size and recommended cold
inflation pressure can be found on the Tire and Loading Information
Placard near the certification label on the driver's side B-pillar. For
the Metris and Sprinter vans with a GVWR over 10,000 pounds
manufactured before June 2023, the label can be found on the seat base
``immediately adjacent to the certification label.'' For those Sprinter
vans with a GVWR greater than 10,000 pounds manufactured after June
2023, the label can be found on the driver's side B-pillar. The tire
size is also on the original equipment tires and recommended cold
inflation pressure can also be found on a label inside the fuel filler
or charging flap, or in the case of the EQE and EQS vehicles, on the
driver's side B-pillar. The rim size can be found on the vehicle's
rims. Furthermore, Mercedes-Benz indicates that any Mercedes-Benz
dealer/service/repair workshop using the Mercedes-Benz Global Workshop
Information System, the Mercedes-Benz Customer Assistance Center, and
MBUSAtirecenter.com can advise the user with the appropriate tire and
rim size, as well as the appropriate tire inflation pressure.
3. Mercedes-Benz suggests that NHTSA precedent supports granting
its petition, asserting that NHTSA has granted every petition for
inconsequential noncompliance related to FMVSS No. 110 S4.3.3 and FMVSS
No. 120 S5.3 that Mercedes-Benz has found. Mercedes-Benz cites several
similar petitions related to FMVSS Nos. 110 and 120 that were all
granted inconsequential noncompliance by NHTSA on the basis that the
required information was provided through other conspicuous labels or
other readily accessible locations. The cases cited are:
Kia Motors America, Inc., Grant of Petition for Decision
of Inconsequential Noncompliance, 85 FR 39676 (July 1, 2020)--granted
to Kia Telluride vehicles that omitted appropriate rim size on the
certification label required by FMVSS No. 110 but had the rim size
embossed on the original rim itself.
Volkswagen of America, Inc., Grant of Petition for
Decision of Inconsequential Noncompliance, 69 FR 60459 (October 8,
2004)--granted to Volkswagen Touareg that omitted rim size labeling
required by FMVSS No. 120 but had the rim size embossed on the original
rim itself.
Chrysler, LLC, Grant of Petition for Decision of
Inconsequential Noncompliance, 73 FR 39779 (July 10, 2008)--granted to
certain Dodge Magnum, Jeep Compass, and Jeep Patriot vehicles that
omitted tire and rim size information on the certification label but
included the tire size on the Tire and Loading Information Placard and
the rim size could be found inscribed on the original rims provided
with the vehicle.
Hyundai-Kia America Technical Center, Inc., Grant of
Petition for Decision of Inconsequential Noncompliance, 78 FR 38445
(June 26, 2013)--granted to certain Hyundai Veracruz vehicles that were
missing appropriate tire size labeling required by FMVSS No. 110 but
complied with all other safety performance requirements of FMVSS No.
110.
Mercedes-Benz concludes by stating its belief that the subject
noncompliances are inconsequential as they relate to motor vehicle
safety and its petitions to be exempted from providing notification of
the noncompliance, as required by 49 U.S.C. 30118, and a remedy for the
noncompliances, as required by 49 U.S.C. 30120, should be granted.
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 sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, any decision on
these petitions only applies to the subject vehicles that Mercedes-Benz
no longer controlled at the time it determined that the noncompliances
existed. However, any decision on these petitions 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. 2025-08809 Filed 5-15-25; 8:45 am]
BILLING CODE 4910-59-P