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

Issuing agencies

Abstract

Mercedes-Benz AG (MBAG) and Mercedes-Benz USA, LLC (MBUSA), (collectively, "Mercedes-Benz"), have determined that certain model year (MY) 2020-2021 Mercedes-Benz GLE and GLS Class 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. Mercedes-Benz filed a noncompliance report dated October 30, 2020. Mercedes-Benz subsequently petitioned NHTSA on November 16, 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.

Full Text

<html>
<head>
<title>Federal Register, Volume 91 Issue 166 (Friday, August 28, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 166 (Friday, August 28, 2026)]
[Notices]
[Pages 55669-55671]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17611]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2020-0116; 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.

-----------------------------------------------------------------------

SUMMARY: Mercedes-Benz AG (MBAG) and Mercedes-Benz USA, LLC (MBUSA), 
(collectively, ``Mercedes-Benz''), have determined that certain model 
year (MY) 2020-2021 Mercedes-Benz GLE and GLS Class 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. Mercedes-Benz filed a 
noncompliance report dated October 30, 2020. Mercedes-Benz subsequently 
petitioned NHTSA on November 16, 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: Kamna Ralhan, Office of Vehicle Safety 
Compliance, NHTSA, (202) 366-6443.

SUPPLEMENTARY INFORMATION: 
    I. Overview: Mercedes-Benz has determined that certain MY 2020-2021 
GLE and GLS Class motor vehicles do not fully comply with the 
requirements of paragraph S4.3(c) 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). Mercedes-Benz filed a noncompliance 
report dated October 30, 2020, pursuant to 49 CFR part 573, Defect and 
Noncompliance Responsibility and Reports. Mercedes-Benz subsequently 
petitioned NHTSA on November 16, 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.

[[Page 55670]]

    Notice of receipt of Mercedes-Benz's petition was published with a 
30-day public comment period, on April 23, 2021, in the Federal 
Register (86 FR 21792). One comment was received. To view the petition 
and all supporting documents log onto the Federal Docket Management 
System (FDMS) website at <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>. Then follow the 
online search instructions to locate docket number ``NHTSA-2020-0116.''
    II. Vehicles Involved: Approximately 22,439 MY 2020-2021 Mercedes-
Benz GLE350, GLE450, GLE580, GLS450, and GLS580 motor vehicles, 
manufactured between July 7, 2018, and October 16, 2020, are 
potentially involved.
    III. Noncompliance: Mercedes-Benz explains that the noncompliance 
is that the subject vehicles are equipped with a vehicle placard 
affixed to the driver's side B-pillar of the vehicle that erroneously 
overstates maximum permissible cold tire pressure and therefore, does 
not fully meet the requirements specified in paragraph S4.3(c) of FMVSS 
No. 110. Specifically, the vehicle placard overstates the maximum 
permissible cold tire pressure as 320 kPa (46.41 psi), when it should 
state a maximum cold tire pressure of 300 kPa (43.5 psi).
    IV. Rule Requirements: Paragraph S4.3(c) of FMVSS No. 110 includes 
the requirements relevant to this petition. Each vehicle, except for a 
trailer or incomplete vehicle, shall show the information specified in 
S4.3(a) through (g), and may show, at the manufacturer's option, the 
information specified in S4.3(h) and (i), on a placard permanently 
affixed to the driver's side B-pillar. This information shall be in the 
English language and conform in color and format, not including the 
border surrounding the entire placard, as shown in the example set 
forth in Figure 1 in this standard. At the manufacturer's option, the 
information specified in S4.3 (c), (d), and, as appropriate, (h) and 
(i) may be shown, alternatively to being shown on the placard, on a 
tire inflation pressure label which must conform in color and format, 
not including the border surrounding the entire label, as shown in the 
example set forth in Figure 2 in this standard.
    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. Mercedes-Benz describes the 
subject noncompliance and contends that the noncompliance is 
inconsequential as it relates to motor vehicle safety.
    Mercedes-Benz says that although the placard and gas tank flap 
contain the incorrect tire inflation pressure of 320 kPa (46.41 psi), 
the tire sidewall indicates that the maximum cold tire inflation 
pressure is 300 kPa (43.5 psi). Mercedes-Benz believes that this 
discrepancy does not cause any risk of over-inflation because the tires 
were designed to have a maximum tire inflation pressure of 350 kPa 
(50.8 psi).
    Mercedes-Benz states that if a consumer were to rely upon the 
incorrect tire inflation pressure of 320 kPa (46.41 psi), there is no 
risk of tire overloading because the subject tires are designed and 
manufactured to withstand a maximum tire pressure of 350 kPa (50.7 
psi). Mercedes-Benz says that the supplier confirmed that inflating the 
tires to the 320 kPa (46.41 psi) limit listed on the placard or the 300 
kPa (43.5 psi) limit listed on the side wall would not affect vehicle 
performance or safety. Mercedes-Benz says that other than the subject 
noncompliance, the affected tires meet or exceed all applicable FMVSS 
performance requirements.
    Mercedes-Benz contends that in the past, for petitions involving a 
similar noncompliance, NHTSA ``has recognized that slight discrepancies 
in the listed tire pressure and deviations in the information listed in 
the placard do not have a consequential effect on motor vehicle 
safety'' Mercedes-Benz says that the Agency granted a petition 
submitted by Chrysler Group, LLC, in 2013 where the placards equipped 
on the affected vehicles did not correctly identify the size of the 
tires that were installed on the vehicles. According to Mercedes-Benz, 
the Agency concluded that the noncompliance was inconsequential to 
motor vehicle safety because, among other reasons, the vehicles were 
equipped with tires that were ``appropriate to handle the vehicle 
maximum loads when inflated to the maximum tire pressure.'' \1\ 
Mercedes-Benz claims that the Agency has used the same rationale when 
specific information was missing from the vehicle placard.\2\ Mercedes-
Benz also claims that the Agency has ``recognized that the maximum tire 
inflation pressure indicated on the tire sidewall have somewhat limited 
safety value'' and that the Agency ultimately decided to retain maximum 
inflation pressure labeling requirements as an aid in preventing over-
inflation.\3\
---------------------------------------------------------------------------

    \1\ See Chrysler Group, LLC, Grant of Petition for Decision of 
Inconsequential Noncompliance, 78 FR 38443 (June 26, 2013).
    \2\ See General Motors, LLC, Grant of Petition for Decision of 
Inconsequential Noncompliance, 84 FR 25117 (May 30, 2019).
    \3\ See Grant of Petition of Michelin North America, 70 FR 10161 
(March 2, 2005).
---------------------------------------------------------------------------

    Mercedes-Benz argues that because the subject tires were designed 
and engineered to have a greater maximum inflation pressure than is 
indicated on the placard or under the gas tank flap, there is no risk 
of over-inflation. Furthermore, Mercedes-Benz says that 300 kPa (43.5 
psi). is a sufficient maximum pressure for the tires installed on the 
subject vehicles. Therefore, Mercedes-Benz claims that if the consumer 
relied on the value provided on the tire sidewall, there is also no 
risk of under pressurizing the tire. Both 300 kPa (43.5 psi) and 320 
kPa (46.41 psi) are appropriate pressures for the GVWR of the subject 
vehicle and would not affect the operation of the tire pressure 
monitoring system. Further, if the tire is inflated to 320 kPa (46.41 
psi) as listed on the placard and gas tank flap, the load-carrying 
capacity of the vehicle would not be affected.
    Mercedes-Benz says owners of the subject vehicle may seek guidance 
from their Roadside Assistance program during the vehicle warranty 
period and any Mercedes-Benz customer may contact the Mercedes-Benz 
Customer Assistance center. Mercedes-Benz adds that all of the 
remaining information provided on the vehicle placard is accurate, 
``including the vehicle loading capacity and tire size and dimensions, 
which further confirms that the vehicle is not susceptible to 
overloading even if the tires are inflated to 320 kPa (46.41 psi).''
    Mercedes-Benz cites NHTSA as stating that the Agency has 
``historically granted petitions for inconsequentiality for inaccurate 
tire placards where the grantee has supplied sufficient reasoning to 
support . . . a conclusion [that there is no adverse safety impact.''] 
\4\
---------------------------------------------------------------------------

    \4\ See Kia Motors, Inc., Grant of Petition for Decision of 
Inconsequential Noncompliance, 85 FR 39676 (July 1, 2020).
---------------------------------------------------------------------------

    Mercedes-Benz concludes by contending 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.
    VI. Public Comment: NHTSA received one comment from a member of the 
general public expressing concern with the subject noncompliance.\5\ 
The

[[Page 55671]]

commenter stated that Mercedes-Benz should not have made the error and 
appeared to be dissatisfied with the use of metric measurements in the 
U.S. market.
---------------------------------------------------------------------------

    \5\ See <a href="https://www.regulations.gov/comment/NHTSA-2020-0116-0003">https://www.regulations.gov/comment/NHTSA-2020-0116-0003</a>.
---------------------------------------------------------------------------

    VII. NHTSA's Analysis: Mercedes-Benz acknowledges that the tire 
placard and information listed in the gas tank cap/placard label 
indicate that the maximum tire pressure is 320 kPa (46.41 psi) while 
the tire sidewall lists a maximum tire pressure of 300 kPa (43.5 psi). 
Pursuant to FMVSS 110 S4.3.4, the maximum tire inflation pressure shown 
on the placard must be equal to or less than the maximum tire inflation 
pressure on the tire sidewall.
    The intent of FMVSS No. 110 is to ensure that vehicles are equipped 
with tires appropriate to handle maximum vehicle loads and to prevent 
overloading. FMVSS No. 110 requires that the original tires on a 
vehicle and the tires listed on the vehicle placard be the same size 
and that the tires, at the manufacturer recommended inflation pressure, 
be appropriate for the designed vehicle maximum load conditions.
    NHTSA agrees with Mercedes-Benz that the tire placard on certain MY 
2020-2021 GLE and GLS Class vehicles overstating the maximum cold tire 
pressure as 320 kPa (46.41 psi) instead of 300 kPa (43.5 psi) does not 
present a safety risk, because the tires are designed to safely 
withstand inflation pressures up to 350 kPa (50.8 psi) without 
affecting vehicle performance, load capacity, or the Tire Pressure 
Monitoring System (TPMS). Mercedes-Benz explains that the difference 
between the tire sidewall and what was included on the vehicle placard 
does not present any risk of over-inflation since, per the tire 
manufacturer, the tires were designed to withstand a maximum 
permissible inflation pressure of 350 kPa (50.8 psi). However, vehicle 
owners should always maintain their tires at the manufacturer's 
recommended inflation pressure, as over-inflation can lead to serious 
safety issues like tire blowouts, decreased traction, faster treadwear 
and potential crashes. In addition, the supplier has confirmed that 
there are no effects on vehicle performance and there would be no 
adverse safety consequences if the tires were inflated to either the 
300 kPa (43.5 psi) limit on the tire sidewall or the 320 kPa (46.41 
psi) limit indicated on the placard. Inflating the tires at either 300 
kPa (43.5 psi) or 320 kPa (46.41 psi) is appropriate for the vehicle's 
GVWR. Inflating the tires to the pressure listed on either the tire 
sidewall or the value listed on the placard would not impact the 
operation of the Tire Pressure Monitoring System (TPMS) and the 
vehicle's load carrying capacity would not be impacted or reduced if 
the tire is inflated to 320 kPa (46.41 psi) if the consumer followed 
the inflation level on the placard or under the gas tank flap.
    NHTSA observes that a member of the public commented that Mercedes-
Benz should not have made this error and further appeared to disagree 
with metric measurements being used in the U.S. market. While NHTSA 
appreciates and encourages public participation in making 
determinations, we did not find these comments relevant to the issue 
raised by this petition.
    Based upon the arguments presented, NHTSA has reviewed and accepts 
Mercedes-Benz's analyses and supporting documentation that the 
noncompliance is inconsequential to motor vehicle safety. The 
difference in the tire pressure listed on the placard is 20 kPa (3 psi) 
higher than the pressure on the tire sidewall and the tire manufacturer 
specifies that the tires are actually designed to withstand a maximum 
permissible inflation pressure of 350 kPa (50.8 psi) which is 9.4 
percent more than what is listed on placard. Further, the tires meet or 
exceed all applicable FMVSS performance requirements.
    VIII. NHTSA's Decision: In consideration of the foregoing, NHTSA 
finds that Mercedes-Benz has met its burden of persuasion that the 
subject FMVSS No. 110 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 sections 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. 2026-17611 Filed 8-27-26; 8:45 am]
BILLING CODE 4910-59-P


</pre></body>
</html>