Federal Register / Vol. 88, No. 205 / Wednesday, October 25, 2023 / Notices 73391 

Virgin Pulse GoZone Pedometer. CN 

also requests to include in the relief 

‘‘similar devices from other 

manufacturers that are solely 

monitoring devices without the 

capability to make or receive phone 

calls, send or receive texts, and are not 

capable of hosting independent games 

or programs.’’ CN states the risk of 

distraction is substantially minimized 

based on the devices’ limited 

functionality and further explains that 

the devices are part of ‘‘an important 

well-being program’’ to ‘‘support 

improved health outcomes’’ for 

employees. 

A copy of the petition, as well as any 

written communications concerning the 

petition, is available for review online at 

www.regulations.gov. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings since 

the facts do not appear to warrant a 

hearing. If any interested party desires 

an opportunity for oral comment and a 

public hearing, they should notify FRA, 

in writing, before the end of the 

comment period and specify the basis 

for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number and may be 

submitted at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Communications received by 

December 26, 2023 will be considered 

by FRA before final action is taken. 

Comments received after that date will 

be considered if practicable. Anyone 

can search the electronic form of any 

written communications and comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the document, if 

submitted on behalf of an association, 

business, labor union, etc.). Under 5 

U.S.C. 553(c), the U.S. Department of 

Transportation (DOT) solicits comments 

from the public to better inform its 

processes. DOT posts these comments, 

without edit, including any personal 

information the commenter provides, to 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

https://www.transportation.gov/privacy. 

See also https://www.regulations.gov/ 

privacy-notice for the privacy notice of 

regulations.gov. 

Issued in Washington, DC. 

John Karl Alexy, 

Associate Administrator for Railroad Safety, 

Chief Safety Officer. 

[FR Doc. 2023–23564 Filed 10–24–23; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2000–7257, Notice No. 95] 

Railroad Safety Advisory Committee; 

Charter Renewal 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Announcement of charter 

renewal of the Railroad Safety Advisory 

Committee (RSAC). 

SUMMARY: FRA announces the charter 

renewal of the RSAC, a Federal 

Advisory Committee established by the 

U.S. Secretary of Transportation in 

accordance with the Federal Advisory 

Committee Act to provide information, 

advice, and recommendations to the 

FRA Administrator on matters relating 

to railroad safety. This charter renewal 

will be effective for two years from the 

date it is filed with Congress. 

FOR FURTHER INFORMATION CONTACT: 

Kenton Kilgore, RSAC Designated 

Federal Officer/RSAC Coordinator, FRA 

Office of Railroad Safety, 202–365– 

3724. 

SUPPLEMENTARY INFORMATION: This 

notice is provided in accordance with 

the Federal Advisory Committee Act 

(Pub. L. 92–463, 5 U.S.C. app. 2). RSAC 

comprises 51 representatives from 26 

organizations, representing various rail 

industry perspectives. The diversity of 

the committee ensures the requisite 

range of views and expertise necessary 

to discharge its responsibilities. Please 

see the RSAC website for additional 

information at https://rsac.fra.dot.gov/. 

Issued in Washington, DC. 

Amitabha Bose, 

Administrator. 

[FR Doc. 2023–23574 Filed 10–24–23; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2007–28306] 

Petition for Extension of Waiver of 

Compliance 

Under part 211 of title 49 Code of 

Federal Regulations (CFR), this 

document provides the public notice 

that on September 1, 2023, the 

American Public Transportation 

Association (APTA), on behalf of its 

member railroads, petitioned the 

Federal Railroad Administration (FRA) 

for an extension of a waiver of 

compliance from certain provisions of 

the Federal railroad safety regulations 

contained at 49 CFR part 238, Passenger 

Equipment Safety Standards. The 

relevant FRA Docket Number is FRA– 

2007–28306. 

Specifically, APTA requests 

continued relief from § 238.309, 

Periodic brake equipment maintenance, 

as applied to locomotives equipped 

with 26–L type brake systems and air 

dryers, and cab cars equipped with 26– 

L and Electronic Brake Valve- (EBV) 

type brake valves operated with 

locomotives with functional air dryers. 

The current relief extends the periodic 

testing interval from 3 years (1,104 days) 

to 4 years (1,472 days) for 26–L, and to 

periods stated in § 229.29 for EBV-type 

brake valves. In support of its request, 

APTA states that it is ‘‘unaware of any 

performance problems with the subject 

brake equipment operating under the 

current waiver.’’ 

A copy of the petition, as well as any 

written communications concerning the 

petition, is available for review online at 

www.regulations.gov. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings since 

the facts do not appear to warrant a 

hearing. If any interested party desires 

an opportunity for oral comment and a 

public hearing, they should notify FRA, 

in writing, before the end of the 

comment period and specify the basis 

for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number and may be 

submitted at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Communications received by 

December 26, 2023 will be considered 

by FRA before final action is taken. 

Comments received after that date will 

be considered if practicable. Anyone 

can search the electronic form of any 

written communications and comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the document, if 

submitted on behalf of an association, 

business, labor union, etc.). Under 5 

U.S.C. 553(c), the U.S. Department of 

Transportation (DOT) solicits comments 

from the public to better inform its 

processes. DOT posts these comments, 


lotter on DSK11XQN23PROD with NOTICES1
73392 Federal Register / Vol. 88, No. 205 / Wednesday, October 25, 2023 / Notices 

without edit, including any personal 

information the commenter provides, to 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

https://www.transportation.gov/privacy. 

See also https://www.regulations.gov/ 

privacy-notice for the privacy notice of 

regulations.gov. 

Issued in Washington, DC. 

John Karl Alexy, 

Associate Administrator for Railroad Safety 

Chief Safety Officer. 

[FR Doc. 2023–23559 Filed 10–24–23; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2020–0091; Notice 2] 

Mercedes-Benz USA, LLC, Denial of 

Petition for Decision of 

Inconsequential Noncompliance 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Denial of petition. 

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. MercedesBenz 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 

denial of Mercedes-Benz’s petition. 

FOR FURTHER INFORMATION CONTACT: 

Vince Williams, General Engineer, 

Office of Vehicle Safety Compliance, the 

National Highway Traffic Safety 

Administration (NHTSA), telephone 

(202) 366–2319, facsimile (202) 366– 

3018. 

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). MercedesBenz 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 MercedesBenz’s petition was published with a 

30-day public comment period, on 

December 11, 2020, in the Federal 

Register (85 FR 80225). One comment 

was received. To view the petition and 

all supporting documents, log onto the 

Federal Docket Management System 

(FDMS) website at https://

www.regulations.gov/, and then follow 

the online search instructions to locate 

docket number ‘‘NHTSA–2020–0091.’’ 

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: 

• 2020 Mercedes-Benz A35 AMG 

• 2020 Mercedes-Benz CLA45 AMG 

• 2021 Mercedes-Benz GLA250 

• 2019–2020 Mercedes-Benz A220 

• 2020–2021 Mercedes-Benz CLA250 

• 2020 Mercedes-Benz CLA35 AMG 

• 2021 Mercedes-Benz GLA45 AMG 

• 2021 Mercedes-Benz GLA35 AMG 

• 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 are equipped with 

a service brake system that does not 

indicate the wear condition of the rear 

service brakes. 

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 are 

the views and arguments provided by 

Mercedes-Benz. They do not reflect the 

views of NHTSA. Mercedes-Benz 

describes the subject noncompliance 

and states its belief that the 

noncompliance is inconsequential as it 

relates to motor vehicle safety. 

Mercedes-Benz submits that although 

the subject vehicles are equipped with 

a service brake system that does not 

indicate the wear condition of the rear 

service brakes, the front service brakes 

use an electrical brake pad sensor to 

monitor the wear status of the front 

brake pads. Mercedes-Benz explains 

that once the front service 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.’’ MercedesBenz states a message will also appear 

in the instrument cluster stating: ‘‘Check 

brake pads. See Owner’s Manual.’’ 

Mercedes-Benz states that while the 

driver is able to manually extinguish the 

indicator and message, both the 

indicator and message will display at 

each ignition cycle until the brake 

linings are replaced. Mercedes-Benz 

states that the front brake lining will not 

become critical until 6,000 miles after 

the warning indicator and message first 

appears. 

Mercedes-Benz further explains that 

‘‘the brake force distribution is in a 

range of 71.9%–75.5% (front)/28.1%– 

24.5% (rear)’’ causing the lining on the 

front service brakes to wear faster than 

the lining on the rear service brakes. 

Therefore, Mercedes-Benz explains, 

when the driver goes to get the front 

brakes serviced, ‘‘the standard work 

instructions direct the technician to also 

inspect and evaluate the status of all 

other sets of brake pads’’ and the driver 

will be advised if the rear brake linings 

are ‘‘not sufficient to make it to the next 

service interval.’’ Accordingly, 

Mercedes-Benz argues the ‘‘vehicle’s 

rear brakes will be inspected by a 

trained professional technician a 

number of times before they ever need 

to be replaced.’’ 

Additionally, Mercedes-Benz states 

that in the event that the subject vehicle 

is ‘‘taken to an independent repair 

facility that did not follow MercedesBenz’s comprehensive brake pad 

inspection protocols, there is not an 

increased safety risk.’’ According to 

Mercedes-Benz, if the rear brake lining 

becomes fully worn, the subject vehicle 

‘‘would continue to meet the braking 

distance requirements of FMVSS [No.] 

135’’ due to the brake force distribution 

described above and the performance of 

the rear brakes. Furthermore, MercedesVerDate Sep<11>2014 17:01 Oct 24, 2023 Jkt 262001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\25OCN1.SGM 25OCN1

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