Notice2026-18063
Mercedes-Benz USA, LLC, Grant of Petition for Decision of Inconsequential Noncompliance
Primary source
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Published
September 3, 2026
Issuing agencies
Transportation DepartmentNational Highway Traffic Safety Administration
Abstract
Mercedes-Benz USA, LLC, (Mercedes-Benz) and Daimler Vans USA, LLC, (Daimler Vans), have determined that certain model year (MY) 2020- 2021 VS20 Metris (Platform 447) vans 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. Daimler Vans filed an original noncompliance report dated March 8, 2022. Mercedes-Benz subsequently petitioned NHTSA on March 31, 2022, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This document announces the grant of Mercedes-Benz's petition.
Full Text
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<title>Federal Register, Volume 91 Issue 170 (Thursday, September 3, 2026)</title>
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[Federal Register Volume 91, Number 170 (Thursday, September 3, 2026)]
[Notices]
[Pages 56719-56721]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-18063]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2022-0038; 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 USA, LLC, (Mercedes-Benz) and Daimler Vans USA,
LLC, (Daimler Vans), have determined that certain model year (MY) 2020-
2021 VS20 Metris (Platform 447) vans 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. Daimler Vans filed an original noncompliance report
dated March 8, 2022. Mercedes-Benz subsequently petitioned NHTSA on
March 31, 2022, for a decision that the subject noncompliance is
inconsequential as it relates to motor vehicle safety. This document
announces the grant of Mercedes-Benz's petition.
FOR FURTHER INFORMATION CONTACT: Ahmad Barnes, General Engineer, NHTSA,
Office of Vehicle Safety Compliance, (202) 366-7236.
SUPPLEMENTARY INFORMATION:
I. Overview: Mercedes-Benz and Daimler Vans determined that certain
MY 2020-2021 VS20 Metris (Platform 447) vans do not fully comply with
paragraph S4.3(d) 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 an original noncompliance report dated March 8,
2022, pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports. Mercedes-Benz subsequently petitioned NHTSA
on March 31, 2022, 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 56720]]
Notice of receipt of Mercedes-Benz petition was published with a
30-day public comment period, on February 17, 2023, in the Federal
Register (88 FR 10426). No comments were 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-2022-0038.''
II. Vehicles Involved: Approximately 700 MY 2020-2021 VS20 Metris
(Platform 447) vans, manufactured between June 2, 2020, and October 12,
2021, are potentially involved.
III. Noncompliance: Mercedes-Benz explains that the subject
vehicles are equipped with a vehicle placard that incorrectly states
the spare tire size for which the subject vehicles were originally
equipped as required by paragraph S4.3(d) of FMVSS No. 110.
Specifically, the vehicle placard states that the spare tire size is
``225/55R17C'' when it should be ``205/65R16C.''
IV. Rule Requirements: Paragraph S4.3(d) of FMVSS No. 110 includes
the requirements relevant to this petition. Each vehicle, except for a
trailer or incomplete vehicle, must show the tire size designation on a
placard permanently affixed to the driver's side B-pillar and indicated
by the heading's ``size'' or ``original tire size'' or ``original
size,'' and ``spare tire'' or ``spare,'' for the tires installed at the
time of the first purchase for purposes other than resale. For full
size spare tires, the statement ``see above'' may, at the
manufacturer's option replace the tire size designation. If no spare
tire is provided, the word ``none'' must replace the tire size
designation.
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. They
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 explains that the subject noncompliance was
discovered during an internal audit, and it was ``determined that
incorrect spare tire information had been printed on placards due to an
error documenting the spare tire size in the printing software used to
produce the placards.'' Mercedes-Benz says that it promptly corrected
the error in the printing software on November 5, 2021.
According to Mercedes-Benz, the incorrect tire size designation on
the vehicle placard ``would have no effect on vehicle safety or
operation.'' In the event that a consumer purchased a spare tire with
the tire size indicated on the vehicle placard, Mercedes-Benz says that
the ``tire would meet all loading and performance requirements for a
temporary use spare tire.'' Mercedes-Benz claims that ``the tire
specified on the incorrect placard could be substituted for the
original spare tire without any adverse safety consequences.''
Mercedes-Benz explains that the misprinted tire size and the spare tire
equipped with the subject vehicles ``both would enable the vehicles to
be operated within specified performance and loading limits.''
Specifically, Mercedes-Benz says that ``either spare tire is rated to
carry loads greater than 1,599 lbs. (for each tire) necessary to
prevent overloading'' of the subject vehicles and the recommended
inflation pressure is the same for both tires, ``so there is no risk
that the placard would cause a customer to under- or over-inflate
either tire.''
Mercedes-Benz claims that the noncompliance is inconsequential to
motor vehicle safety because the spare tire would only be used ``for a
short period of time'' and only until the series tire can be replaced,
after which the spare tire would be put back in the vehicle for future
use. Mercedes-Benz adds that the owner's manual includes warnings that
``clearly advise the vehicle owner that a spare tire should only be
used for a very short time and at speeds of less than 50 mph.''
Furthermore, Mercedes-Benz says replacing the spare tire based on
the incorrect size would require the spare tire and rim to be replaced
while ``ignoring the correct size plainly displayed on the very tire
being replaced.''
Although the tire information placard was misprinted, Mercedes-Benz
says the subject vehicles are equipped with the correct size spare
tire, and the spare tire is labeled with the correct tire size.
Mercedes-Benz states that if a consumer used the misprinted tire
information to replace the original spare tire, ``the tire would not
fit the original rim,'' therefore, Mercedes-Benz believes the correct
tire size of the original spare would be immediately identified.
Mercedes-Benz believes NHTSA's prior decisions on
inconsequentiality petitions support the granting of the subject
petition. Mercedes-Benz refers to the following decisions of
inconsequential noncompliance:
<bullet> Chrysler Group, LLC, Grant of Petition for Decision of
Inconsequential Noncompliance, 78 FR 38443 (June 26, 2013),
<bullet> BMW of North America, LLC, Grant of Petition for Decision of
Inconsequential Noncompliance, 84 FR 26505 (June 6, 2019)
<bullet> General Motors, LLC Grant of Petition for Decision of
Inconsequential Noncompliance, 84 FR 25117 (May 30, 2019)
<bullet> BMW of North America, LLC, Grant of Petition for Decision of
Inconsequential Noncompliance, 81 FR 62970 (September 13, 2016)
<bullet> BMW of North America, LLC, Grant of Petition for Decision of
Inconsequential Noncompliance, 78 FR 76408 (December 17, 2013)
Mercedes-Benz concludes by stating its belief that the subject
noncompliance is inconsequential as it relates to motor vehicle safety
and 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. 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
[[Page 56721]]
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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The purpose of the placard requirements in paragraph S4.3(d) of
FMVSS No. 110 is to identify the tire size designation for the tires
installed at the time of the first purchase for purposes other than
resale.
As described by Mercedes-Benz, due to an error documenting the
spare tire size in the printing software, the subject vehicles were
equipped with a vehicle placard indicating the incorrect spare tire
size.
The spare tire installed on the vehicle (size 205/65R16C) is
certified to meet all applicable FMVSSs. It is a temporary spare tire
that was designed for the vehicle and meets the vehicle loading
requirements. Thus, if the spare wheel and tire assembly is replaced
with an FMVSS-compliant 225/55R17C size assembly, it would not have any
effect on the safety of the vehicle. Additionally, despite the
incorrect placard, a consumer, technician, or salesperson could rely on
the size of the spare tire present if the tire is ever replaced, rather
than the incorrectly stated spare tire size on the placard. Any attempt
to install a 225/55R17C size tire on the rim provided with the vehicle
would be unsuccessful because it cannot fit on a 16-inch rim.
Therefore, the individual replacing the tire will use the tire size
information labeled on the tire being replaced or replace the entire
wheel-tire assembly based on the placard information, neither option
will decrease safety compared to a compliant vehicle. Therefore, this
non-compliance is inconsequential to safety.
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. 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. 2026-18063 Filed 9-2-26; 8:45 am]
BILLING CODE 4910-59-P
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</html>Indexed from Federal Register on September 3, 2026.
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