[Federal Register Volume 63, Number 133 (Monday, July 13, 1998)]
[Notices]
[Pages 37620-37621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18537]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-98-3983]
Mercedes-Benz of North America, Inc., Receipt 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.
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 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 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 notified, in writing, NHTSA and request
approval for an alternate location in the same general location.
Mercedes-Benz states that 35,357 vehicles were produced from the
beginning of production in January 1997 through April 13, 1998 that do
not meet the labeling requirements stated in the
[[Page 37621]]
FMVSS No. 120. Mercedes-Benz equipped the vehicles with tire
information labels that specify the tire size, rim size, and cold
inflation pressure on the fuel filler door. The information is
formatted differently than as required by the FMVSS No. 120. The size
of the letters and numerals are less than the required minimum of 2.4
millimeters.
Mercedes-Benz supports its application for inconsequential
noncompliance with the following statements:
1. With regards to the content of the label, all the information
required by the FMVSS No. 120 is contained in the label including,
recommended tires 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.
Interested persons are invited to submit written data, views, and
arguments on the application of Mercedes-Benz 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, the notice will be published in the
Federal Register pursuant to the authority indicated below.
Comment closing date: August 12, 1998.
(49 U.S.C. 30118, 30120; delegations of authority at 49 CFR 1.50 and
501.8)
Issued on: July 7, 1998.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 98-18537 Filed 7-10-98; 8:45 am]
BILLING CODE 4910-59-P
