[Federal Register Volume 85, Number 239 (Friday, December 11, 2020)]
[Notices]
[Pages 80225-80227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27258]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2020-0091; Notice 1]


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

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

ACTION: Receipt of petition.

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SUMMARY: Mercedes-Benz AG (``MBAG'') and Mercedes-Benz USA, LLC, 
(``MBUSA'') (collectively, ``Mercedes-Benz'') have determined that 
certain model year (MY) 2019-2021 Mercedes-Benz motor vehicles do not 
fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 
135, Light Vehicle Brake Systems. Mercedes-Benz filed a noncompliance 
report dated August 14, 2020. Mercedes-Benz subsequently petitioned 
NHTSA on September 4, 2020, for a decision that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety. 
This notice announces receipt of Mercedes-Benz's petition.

DATES: Send comments on or before January 11, 2021.

ADDRESSES: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket and notice number cited in the title of this notice and 
submitted by any of the following methods:
    <bullet> 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.
    <bullet> 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.
    <bullet> Electronically: Submit comments electronically by logging 
onto the

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Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting 
comments.
    <bullet> 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.
    When the petition is 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 docket. The docket ID number for this petition is 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).

SUPPLEMENTARY INFORMATION: I. Overview: Mercedes-Benz has determined 
that certain MY 2019-2021 Mercedes-Benz A-Class, CLA-Class, GLA-Class, 
and GLB-Class motor vehicles do not fully comply with the requirements 
of paragraph S5.1.2 of FMVSS No. 135, Light Vehicle Brake Systems (49 
CFR 571.135). Mercedes-Benz filed a noncompliance report dated August 
14, 2020, pursuant to 49 CFR part 573, Defect and Noncompliance 
Responsibility and Reports. Mercedes-Benz subsequently petitioned NHTSA 
on September 4, 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.
    This notice of receipt of Mercedes-Benz's petition 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 
petition.
    II. Vehicles Involved: Approximately 56,223 of the following MY 
2019-2021 Mercedes-Benz A-Class, CLA-Class, GLA-Class, and GLB-Class 
motor vehicles, manufactured between October 8, 2018, and July 27, 
2020, are potentially involved:

<bullet> 2020 Mercedes-Benz A35 AMG
<bullet> 2020 Mercedes-Benz CLA45 AMG
<bullet> 2021 Mercedes-Benz GLA250
<bullet> 2019-2020 Mercedes-Benz A220
<bullet> 2020-2021 Mercedes-Benz CLA250
<bullet> 2020 Mercedes-Benz CLA35 AMG
<bullet> 2021 Mercedes-Benz GLA45 AMG
<bullet> 2021 Mercedes-Benz GLA35 AMG
<bullet> 2020 Mercedes-Benz GLB250
    III. Noncompliance: Mercedes-Benz explains that the noncompliance 
is that the subject vehicles are not equipped with an acoustic or 
optical device that warns the driver when the rear brake lining 
requires replacement, and therefore, does not meet the requirements 
specified in paragraph S5.1.2 of FMVSS No. 135. Specifically, the 
subject vehicles do not have an electrical sensor to measure the 
thickness of the rear brake pads.
    IV. Rule Requirements: Paragraph S5.1.2 of FMVSS No. 135 includes 
the requirements relevant to this petition. The wear condition of all 
service brakes shall be indicated by either acoustic or optical devices 
warning the driver at his or her driving position when lining 
replacement is necessary or by way of visually checking the degree of 
brake lining wear, from the outside or underside of the vehicle, 
utilizing only the tools or equipment normally supplied with the 
vehicle. The removal of wheels is permitted for this purpose.
    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 
have not been evaluated by the Agency and do not reflect the views of 
the Agency. Mercedes-Benz described the subject noncompliance and 
stated their belief that the noncompliance is inconsequential as it 
relates to motor vehicle safety.
    In support of its petition, Mercedes-Benz submitted the following 
reasoning:

    1. In the affected vehicles, the front service brakes use an 
electrical brake pad sensor to monitor the thickness of the front 
brake pads. Once the front brakes reach a thickness of \1/8\ inch or 
3 mm, a warning lamp will automatically display in the instrument 
cluster and will remain permanently illuminated until the vehicle is 
serviced. In addition, the message appears in the instrument cluster 
and communicates the brake pad wear status to the driver.
    2. The brake warning indicator and in-vehicle message will 
display at each ignition cycle until the brake pads are replaced. 
The warning lamp cannot be extinguished unless new brake pads are 
installed. While the driver could manually extinguish the warning 
message, it will automatically reappear at each ignition cycle.
    3. Depending on the vehicle platform, the brake force 
distribution is in a range of 71.9%-75.5% (front)/28.1%-24.5% 
(rear). This means that between nearly 72% to more than 75% of the 
vehicle's braking force is generated by the front brake pads. 
Because of the brake force distribution, the front brake pads will 
always initially wear out faster than the brake pads on the rear 
wheels. Indeed, the front brake pads will then continue to wear out 
at a faster pace than the rear brake pads, approximately 1 \1/2\ to 
2 times more frequently depending on the operator's driving style.
    4. Once the front brake pads reach a thickness of approximately 
3 mm, both the warning lamp and the warning message are 
automatically triggered, and the consumer is advised to visit the 
workshop to have the front brake pads replaced. Any time one set of 
brake pads is inspected at a Mercedes-Benz workshop, the standard 
work instructions direct the technician to also inspect and evaluate 
the status of all other sets of brake pads. (This inspection is 
carried out visually with the tire and wheel on the vehicle. In 
exceptional circumstances, the technician may need to remove the 
wheel to conduct the inspection and measurement. The technician does 
not use the gauge tool discussed in this petition in either 
scenario.) The workshop instructions provide that the technician is 
to assess the remaining braking distance for each axle based on the 
thickness of the brake pad that is most heavily worn. If the 
remaining thickness of the brake pads is not sufficient to make it 
to the next service interval, the customer will be advised to 
replace the brake pads. However, if the wear limit has already been 
reached, the technician will automatically replace the brake pads. 
Thus, at every Mercedes-Benz workshop visit, all four sets of brake 
pads will be inspected for wear. The customer will be advised of the 
remaining thickness and individual brake pads are replaced 
automatically if needed. Because the front brakes wear faster than 
the rear due to the brake force distribution, the vehicle's rear 
brakes will be inspected by a trained professional technician a 
number of times before they ever need to be replaced.
    5. Even if the vehicle were taken to an independent repair 
facility that did not follow Mercedes-Benz's comprehensive brake

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pad inspection protocols, there is not an increased safety risk due 
to the vehicle being operated with worn rear brake pads. In the 
worst case, if a vehicle with fully worn brake pads on the rear axle 
continued to operate, given the brake force distribution and the 
performance of the rear brakes, the vehicle would continue to meet 
the braking distance requirement of FMVSS No. 135. Furthermore, the 
brakes on the rear axle will continue to operate, even with 
completely worn rear brake pads, the driver will hear the 
unmistakable sound of metal being pressed against the brake discs. 
Moreover, the ABS and ESC functionality is not affected by worn rear 
brake pads and will continue to function normally, as needed.
    6. Mercedes-Benz is not aware of any reports or complaints about 
the issue from the field and it has corrected the condition in 
production.

    Mercedes-Benz concluded by expressing the belief 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.
    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 
this petition only applies to the subject vehicles that Mercedes-Benz 
no longer controlled at the time it determined that the noncompliance 
existed. However, any decision on 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. 2020-27258 Filed 12-10-20; 8:45 am]
BILLING CODE 4910-59-P