Mercedes-Benz of North America, Inc., Grant of Application for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-98-3983; Notice 2]

Mercedes-Benz of North America, Inc., Grant of Application for

Decision of Inconsequential Noncompliance

Mercedes-Benz of North America, Inc. (Mercedes-Benz) of Montvale,

New Jersey has determined that some 1998 Mercedes-Benz M-class vehicles

fail to comply with 49 CFR 571.120, Federal Motor Vehicle Safety

Standard (FMVSS) No. 120, ``Tire selection and rims for vehicles other

than passenger cars,'' and has filed an appropriate report pursuant to

49 CFR Part 573, ``Defect and noncompliance reports.'' Mercedes-Benz

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.

Notice of receipt of the application was published, with a 30-day

comment period, on July 13, 1998, in the Federal Register (63 FR

37620). NHTSA received no comments on this application during the 30-

day comment period.

Mercedes-Benz states that 35,357 vehicles were produced from the

beginning of production in January 1997 through April 13, 1998, which

do not meet the labeling requirements stated in FMVSS No. 120.

Mercedes-Benz equipped the vehicles with tire information labels on the

fuel filler door that specify the tire size, rim size, and cold

inflation pressure. The information is formatted differently than

required by FMVSS No. 120. The size of the letters and numerals is also

smaller than the required minimum of 2.4 millimeters. The label should

have been affixed to the hinge pillar, the door-latch post, the door

edge that meets the latch post, or next to the driver's seating

position. If these locations are impractical, the label shall be

affixed to the inward-facing surface of the door next to the driver's

seating position. However, if all of the preceding locations are not

practical, the manufacturer can notify NHTSA, in writing, and request

approval for an alternate location in the same general location

Mercedes-Benz supported its application for inconsequential

noncompliance with the following statements:

1. With regards to the content of the label, all the information

required by FMVSS No. 120 is contained in the label including

recommended tire size, rim size, and cold inflation pressure.

2. Although the height of the labeling is less than the required

minimum of 2.4 mm, the letters in the labels are of sufficient size and

color to be easily read.

3. With regards to the labeling format, Mercedes-Benz believes that

placing the English units before the metric units is not a

noncompliance that affects vehicle safety, because consumers in the

U.S. are generally more familiar with English units of measurement than

metric units.

4. Regarding the location of the tire information label, Mercedes-

Benz believes that consumers interested in checking their tire pressure

labels would likely perform this check at gas stations, convenience

stores, or auto repair facilities. In some cases, this label's location

serves as a reminder to check the tire pressure.

5. Based on the convenient location of the tire information label,

the reference information in the owner's manual, and the maximum

inflation pressure marked on the tire, Mercedes-Benz believes that the

tire information label on the fuel filler door is an inconsequential

noncompliance.

The purpose of FMVSS No. 120 is to provide safe operation of

vehicles by ensuring that those vehicles are equipped with tires of

appropriate size and load rating; and rims of appropriate size and type

designation. Paragraph S5.3, Label information, of FMVSS No. 120 states

that each vehicle shall show the appropriate tire information (such as:

recommended cold inflation pressure) and rim information (such as: size

and type designations) in the English language. This information must

appear either on the certification label or a tire information label,

lettered in block capitals and numerals not less

[[Page 59624]]

than 2.4 millimeters high, and in the prescribed format. In addition,

FMVSS No. 120 requires that the label be affixed to the hinge pillar,

the door-latch post, the door edge that meets the latch post, or next

to the driver's seating position. If these locations are impractical,

the label shall be affixed to the inward-facing surface of the door

next to the driver's seating position. However, if all of the preceding

locations are not practical, the manufacturer can notify NHTSA, in

writing, and request approval for an alternate location in the same

general location.

The agency agrees with Mercedes-Benz that the label on these M-

class vehicles is likely to achieve the safety purpose of the tire

label. First, all the information required by FMVSS No. 120 is correct

and contained in the label including recommended tire size, rim size,

and cold inflation pressure. Second, per the sample label provided by

Mercedes-Benz, the letters can be easily read. Third, a vehicle owner

will find the necessary and correct safety information in English units

in the owner's manual, and the maximum inflation pressure properly

marked on the tire.

In consideration of the foregoing, NHTSA has decided that the

applicant has met its burden of persuasion that the noncompliance it

describes is inconsequential to safety. Accordingly, its application is

granted, and the applicant is exempted from providing the notification

of the noncompliance that is required by 49 U.S.C. 30118, and from

remedying the noncompliance, as required by 49 U.S.C. 30120.

(49 U.S.C. 30118, delegations of authority at 49 CFR 1.50 and

501.8).

Issued on October 30, 1998.

James R. Hackney,

Acting Associate Administrator for Safety Performance Standards.

[FR Doc. 98-29519 Filed 11-3-98; 8:45 am]

BILLING CODE 4910-59-P