Mazda North American Operations, Grant of Petition for Decision of Inconsequential Noncompliance, 11464-11466 [E8-4012]
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11464
Federal Register / Vol. 73, No. 42 / Monday, March 3, 2008 / Notices
specific seating position within a Ford
vehicle.
Second, we note that technicians at
Ford dealerships have access to the seat
belt assembly installation instruction
information in workshop manuals. In
addition, installers other than Ford
dealership technicians can access the
installation instructions on the Ford
Motorcraft Web site and through other
aftermarket service information
compilers. We also believe that Ford is
correct in stating that the seat belt
assemblies are designed to be installed
properly only in their intended
application. Thus, we conclude that
sufficient safeguards are in place to
prevent the installation of an improper
seat belt assembly.
NHTSA recognizes the importance of
having installation instructions
available to installers and use and
maintenance instructions available to
consumers. The risk created by this
noncompliance is that someone who
purchased an assembly is unable to
obtain the necessary installation
information resulting in an incorrectly
installed seat belt assembly. However,
because the seat belt assemblies are
designed to be installed properly only in
their intended application and the
installation information is widely
available to the public, it appears that
there is little likelihood that installers
will not be able to access the installation
instructions. Furthermore, we note that
Ford has stated that they are not aware
of any customer field reports of service
seat belt assemblies being incorrectly
installed in the subject applications, nor
aware of any reports requesting
installation instructions. These findings
suggest that it is unlikely that seat belts
have been improperly installed.
In addition, although 49 CFR Part
571.209 paragraph S4.1(k) requires
certain instructions specified in SAE
Recommended Practice J800c be
included in seat belt replacement
instructions, that requirement applies to
seat belts intended to be installed in
seating positions where seat belts do not
already exist. The subject seat belt
assemblies are only intended to be used
for replacement of original equipment
seat belts, therefore the instructions do
not apply to the subject seat belt
assemblies.1
With respect to seat belt usage and
inspection instructions, we note that
this information is available in the
Owner Guides that are included with
each new vehicle as well as free of
charge on the Ford Motorcraft Web site
1 Subaru of America, Inc.; Grant of Application
for Decision of Inconsequential Non-Compliance
(65 FR 67472)
VerDate Aug<31>2005
15:33 Feb 29, 2008
Jkt 214001
and apply to the replacement seat belt
assemblies installed in these vehicles.
Thus, with respect to usage and
maintenance instructions, it appears
that Ford has met the intent of S4.1(l)
of FMVSS No. 209 for the subject
vehicles using alternate methods for
notification.
NHTSA has granted similar petitions
for noncompliance with seat belt
assembly installation and usage
instruction standards. Refer to Subaru of
America, Inc. (65 FR 67471, November
9, 2000); Bombardier Motor Corporation
of America, Inc. (65 FR 60238, October
10, 2000); TRW, Inc. (58 FR 7171,
February 4, 1993); and Chrysler
Corporation, (57 FR 45865, October 5,
1992). In all of these cases, the
petitioners demonstrated that the
noncompliant seat belt assemblies were
properly installed, and due to their
respective replacement parts ordering
systems, improper replacement seat belt
assembly selection and installation
would not be likely to occur.
In consideration of the foregoing,
NHTSA has decided that Ford has met
its burden of persuasion that the seatbelt
installation and usage instruction
noncompliances described are
inconsequential to motor vehicle safety.
Accordingly, Ford’s application is
granted, and it is exempted from
providing the notification of
noncompliance that is required by 49
U.S.C. 30118, and from remedying the
noncompliance, as required by 49
U.S.C. 30120. All products
manufactured or sold on and after June
26, 2007, must comply fully with the
requirements of FMVSS No. 209.
Authority: 49 U.S.C. 30118, 30120;
delegations of authority at 49 CFR 1.50 and
501.8.
Issued on: February 25, 2008.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. E8–4043 Filed 2–29–08; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2007–28735; Notice 2]
Mazda North American Operations,
Grant of Petition for Decision of
Inconsequential Noncompliance
Mazda North American Operations
(Mazda) has determined that an
unspecified quantity of replacement seat
belt assemblies that it delivered prior to
June 25, 2007 did not comply with
paragraphs S4.1(k) and S4.1(l) of 49 CFR
PO 00000
Frm 00084
Fmt 4703
Sfmt 4703
571.209, Federal Motor Vehicle Safety
Standard (FMVSS) No. 209 Seat Belt
Assemblies. Mazda has filed an
appropriate report pursuant to 49 CFR
Part 573, Defect and Noncompliance
Responsibility and Reports.
Pursuant to 49 U.S.C. 30118(d) and
30120(h) and the rule implementing
those provisions at 49 CFR Part 556,
Mazda has petitioned for an exemption
from the notification and remedy
requirements of 49 U.S.C. Chapter 301
on the basis that this noncompliance is
inconsequential to motor vehicle safety.
Notice of receipt of the petition was
published, with a 30-day public
comment period, on October 4, 2007 in
the Federal Register (72 FR 56826). No
comments were received. To view the
petition and all supporting documents
log onto the Federal Docket
Management System (FDMS) Web site
at: https://www.regulations.gov/. Then
follow the online search instructions to
locate docket number ‘‘NHTSA–2007–
28735.’’
For further information on this
decision, contact Ms. Claudia Covell,
Office of Vehicle Safety Compliance, the
National Highway Traffic Safety
Administration (NHTSA), telephone
(202) 366–5293, facsimile (202) 366–
7002.
Paragraphs S4.1(k) and S4.1(l) of
FMVSS No. 209 require:
(k) Installation instructions. A seat belt
assembly, other than a seat belt assembly
installed in a motor vehicle by an automobile
manufacturer, shall be accompanied by an
instruction sheet providing sufficient
information for installing the assembly in a
motor vehicle. The installation instructions
shall state whether the assembly is for
universal installation or for installation only
in specifically stated motor vehicles, and
shall include at least those items specified in
SAE Recommended Practice J800c, ‘‘Motor
Vehicle Seat Belt Installations,’’ November
1973. If the assembly is for use only in
specifically stated motor vehicles, the
assembly shall either be permanently and
legibly marked or labeled with the following
statement, or the instruction sheet shall
include the following statement:
This seat belt assembly is for use only in
[insert specific seating position(s), e.g., ‘‘front
right’’] in [insert specific vehicle make(s) and
model(s)].
(l) Usage and maintenance instructions. A
seat belt assembly or retractor shall be
accompanied by written instructions for the
proper use of the assembly, stressing
particularly the importance of wearing the
assembly snugly and properly located on the
body, and on the maintenance of the
assembly and periodic inspection of all
components. The instructions shall show the
proper manner of threading webbing in the
hardware of seat belt assemblies in which the
webbing is not permanently fastened.
Instructions for a nonlocking retractor shall
include a caution that the webbing must be
E:\FR\FM\03MRN1.SGM
03MRN1
Federal Register / Vol. 73, No. 42 / Monday, March 3, 2008 / Notices
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fully extended from the retractor during use
of the seat belt assembly unless the retractor
is attached to the free end of webbing which
is not subjected to any tension during
restraint of an occupant by the assembly.
Instructions for Type 2a shoulder belt shall
include a warning that the shoulder belt is
not to be used without a lap belt.
Mazda’s Data, Views, and Arguments
Mazda explains that three possible
situations apply to the subject
replacement seat belt assemblies.
In the first instance, the seat belt
assembly instruction sheets included
with the replacement assemblies
appropriate for Mazda B-series pickup
trucks and Mazda Navajo multipurpose
passenger vehicles only identified the
assemblies as applicable to the Ford
Ranger pickup trucks or Ford Explorer
multipurpose passenger vehicles,
respectively. Although other
information provided was accurate for
the Mazda vehicles, the incorrect
vehicle reference fails to comply with
S4.1(k) of the standard.
Second, replacement seat belt
assemblies produced for use in the
following vehicles did not include
either the installation instructions or the
instructions for the proper use and
maintenance of the replacement seat
belt assemblies. This fails to comply
with both paragraph S4.1(k) and
paragraph S4.1(l) of the standard:
1992–1995 MY Mazda 929, delivered
from 1991 to 2007
1990–2002 MY Mazda 626, delivered
from 1989 to 2007
1994–1995 MY Mazda MX–3, delivered
from 1993 to 2007
1994–2007 MY Mazda MX–5, delivered
from 1993 to 2007
1988–1997 MY Mazda MX–6, delivered
from 1987 to 2007
1993–1995 MY Mazda RX–7, delivered
from 1992 to 2007
1999–2003 MY Mazda Protege,
delivered from 1998 to 2007
2001–2008 MY Mazda Tribute,
delivered from 2000 to 2007
2004–2007 MY Mazda Mazda6,
delivered from 2003 to 2007
2006–2007 MY Mazda 5, delivered from
2005 to 2007
2007 MY Mazda CX–9, delivered from
2006 to 2007
2007 MY Mazda B-Series Truck,
delivered from 2006 to 2007
And finally, all remaining
replacement seat belt assemblies
produced for use in the United States
and its territories did not include the
instructions for the proper use and
maintenance of the replacement seat
belt assemblies. This fails to comply
with S4.1(l) of the standard.
Mazda makes the argument that the
Mazda parts ordering system used by
VerDate Aug<31>2005
15:33 Feb 29, 2008
Jkt 214001
Mazda dealers clearly identifies the
correct service seat belt components for
any given model/model year seat
position combination. The parts are
unique to each belt and are designed to
assemble properly only in their
intended application. When ordering
Mazda replacement seat belt parts, the
dealer must refer to the Mazda parts
catalog to identify the ordering part
number with the information on the
specific vehicle model type, location
and model year. Each replacement seat
belt assembly is packaged individually
with a specific part number label to
ensure shipping the correct parts. Then,
the dealer routinely checks to confirm
that the part received matches the one
ordered. Given the ordering system and
process, the dealers could select, order,
and obtain the correct parts. Also,
installation instructions for seat belts
are readily available in the Mazda
workshop manuals and on the internet.
Therefore, the seat belt parts can be
successfully installed with the
information already available even
though installation instructions did not
accompany the replacement seat belt
assemblies.
Mazda further argues that since the
instruction for proper use and
maintenance is described in the owner’s
manual which is installed in the
vehicle, incorrect usage and
maintenance by the vehicle owner is
highly unlikely.
Mazda is not aware of any customer
or field reports of service seat belt
assemblies being incorrectly installed in
the subject applications as a result of
installation instructions not
accompanying the service part.
Mazda also stated that it is not aware
of any reports requesting installation
instructions, which it believed to be
related to the noncompliances.
Upon discovery of the subject
noncompliance, Mazda took action to
ensure that all replacement seat belt
assemblies shipped in the future are
packaged with the required installation
instructions. Mazda has also corrected
all the replacement seat belt assemblies
in the inventory for shipment to dealers.
In summation, Mazda states that it has
corrected the problem that caused these
errors so that they will not be repeated
in future production and that it believes
that because the noncompliances are
inconsequential to motor vehicle safety
that no corrective action is warranted.
NHTSA Decision
To help ensure proper selection,
installation, usage, and maintenance of
seat belt assemblies, paragraph S4.1(k)
of FMVSS No. 209 requires that
installation, usage, and maintenance
PO 00000
Frm 00085
Fmt 4703
Sfmt 4703
11465
instructions be provided with seat belt
assemblies, other than those installed by
an automobile manufacturer.
First, NHTSA believes that installers
who receive seat belt assemblies having
instructions that reference an incorrect
vehicle will either return the part,
determine that the part is correct for the
appropriate Mazda vehicle based on the
specific part number label located on
the seat belt assembly, or install the part
in the vehicle listed on the
accompanying instruction sheet. In any
of these scenarios, the assembly will be
installed in the correct vehicle and
seating position resulting in no safety
risk.
Second, we note that the subject seat
belt assemblies are only made available
to Mazda authorized dealerships for
their use or subsequent resale. Because
the parts ordering process used by
Mazda authorized dealerships clearly
identifies the correct service part
required by model year, model, and
seating position, NHTSA believes that
there is little likelihood that an
inappropriate seat belt assembly will be
provided for a specific seating position
within a Mazda vehicle.
Third, we note that technicians at
Mazda dealerships have access to the
seat belt assembly installation
instruction information in workshop
manuals. In addition, installers other
than Mazda dealership technicians can
access the installation instructions on
the Internet. We also believe that Mazda
is correct in stating that the seat belt
assemblies are designed to assemble
properly only in their intended
application. Thus, we conclude that
sufficient safeguards are in place to
prevent the installation of an improper
seat belt assembly.
NHTSA recognizes the importance of
having installation instructions
available to installers and use and
maintenance instructions available to
consumers. The risk created by this
noncompliance is that someone who
purchased an assembly is unable to
obtain the necessary installation
information resulting in an incorrectly
installed seat belt assembly. However,
because the seat belt assemblies are
designed to be assembled properly only
in their intended application and the
installation information is widely
available to the public, it appears that
there is little likelihood that installers
will not be able to access the installation
instructions. Furthermore, we note that
Mazda has stated that they are not aware
of any customer or field reports of
service seat belt assemblies being
incorrectly installed in the subject
applications, nor aware of any reports
requesting installation instructions.
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03MRN1
11466
Federal Register / Vol. 73, No. 42 / Monday, March 3, 2008 / Notices
rmajette on PROD1PC64 with NOTICES
These findings suggest that it is unlikely
that seat belts have been improperly
installed.
In addition, although 49 CFR Part
571.209 paragraph S4.1(k) requires
certain instructions specified in SAE
Recommended Practice J800c be
included in seat belt replacement
instructions, that requirement applies to
seat belts intended to be installed in
seating positions where seat belts do not
already exist. The subject seat belt
assemblies are only intended to be used
for replacement of original equipment
seat belts, therefore the instructions do
not apply to the subject seat belt
assemblies.1
With respect to seat belt usage and
inspection instructions, we note that
this information is available in the
owner’s manual which is installed in
the vehicle. Thus, with respect to usage
and maintenance instructions, it
appears that Mazda has met the intent
of S4.1(l) of FMVSS No. 209 for the
subject vehicles using alternate methods
for notification.
NHTSA has granted similar petitions
for noncompliance with seat belt
assembly installation and usage
instruction standards. Refer to Subaru of
America, Inc. (65 FR 67471, November
9, 2000); Bombardier Motor Corporation
of America, Inc. (65 FR 60238, October
10, 2000); TRW, Inc. (58 FR 7171,
February 4, 1993); and Chrysler
Corporation, (57 FR 45865, October 5,
1992). In all of these cases, the
petitioners demonstrated that the
noncompliant seat belt assemblies were
properly installed, and due to their
respective replacement parts ordering
systems, improper replacement seat belt
assembly selection and installation
would not be likely to occur.
In consideration of the foregoing,
NHTSA has decided that Mazda has met
its burden of persuasion that the
installation and usage instruction
noncompliances described are
inconsequential to motor vehicle safety.
Accordingly, Mazda’s application is
granted, and it is exempted from
providing the notification of
noncompliance that is required by 49
U.S.C. 30118, and from remedying the
noncompliance, as required by 49
U.S.C. 30120. All products
manufactured or sold on and after June
26, 2007, must comply fully with the
requirements of FMVSS No. 209.
Authority: 49 U.S.C. 30118, 30120;
delegations of authority at 49 CFR 1.50 and
501.8.
1 Subaru
of America, Inc.; Grant of Application
for Decision of Inconsequential Non-Compliance
(65 FR 67472).
VerDate Aug<31>2005
15:33 Feb 29, 2008
Jkt 214001
Issued on: February 26, 2008.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. E8–4012 Filed 2–29–08; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2008–0036]
Notice of Receipt of Petition for
Decision That Nonconforming 2006
and 2007 Subaru Forester Passenger
Cars Are Eligible for Importation
National Highway Traffic
Safety Administration, DOT.
ACTION: Notice of receipt of petition for
decision that nonconforming 2006 and
2007 Subaru Forester passenger cars are
eligible for importation.
AGENCY:
SUMMARY: This document announces
receipt by the National Highway Traffic
Safety Administration (NHTSA) of a
petition for a decision that 2006 and
2007 Subaru Forester passenger cars
that were not originally manufactured to
comply with all applicable Federal
motor vehicle safety standards (FMVSS)
are eligible for importation into the
United States because (1) they are
substantially similar to vehicles that
were originally manufactured for sale in
the United States and that were certified
by their manufacturer as complying
with the safety standards (the U.S.certified version of the 2006 and 2007
Subaru Forester passenger car), and (2)
they are capable of being readily altered
to conform to the standards.
DATES: The closing date for comments
on the petition is April 2, 2008.
ADDRESSES: Comments should refer to
the docket and notice numbers above
and be submitted by any of the
following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Mail: Docket Management Facility:
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE., between
9 a.m. and 5 p.m. ET, Monday through
Friday, except Federal holidays.
• Fax: 202–493–2251.
Instructions: Comments must be
written in the English language, and be
no greater than 15 pages in length,
PO 00000
Frm 00086
Fmt 4703
Sfmt 4703
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 your
comments 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.
Please see the Privacy Act heading
below.
Privacy Act: Anyone is able to search
the electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477–78) or you may visit https://
DocketInfo.dot.gov.
How To Read Comments Submitted to
the Docket: You may read the comments
received by Docket Management at the
address and times given above. You may
also see the comments on the Internet.
To read the comments on the Internet,
take the following steps:
(1) Go to the Federal Docket
Management System (FDMS) Web page
https://www.regulations.gov.
(2) On that page, click on ‘‘Advanced
Docket Search.’’
(3) On the next page select
‘‘NATIONAL HIGHWAY TRAFFIC
SAFETY ADMINISTRATION’’ from the
drop-down menu in the Agency field
and enter the Docket ID number shown
at the heading of this document.
(4) After entering that information,
click on ‘‘submit.’’
(5) The next page contains docket
summary information for the docket you
selected. Click on the comments you
wish to see. You may download the
comments. Please note that even after
the comment closing date, we will
continue to file relevant information in
the Docket as it becomes available.
Further, some people may submit late
comments. Accordingly, we recommend
that you periodically search the Docket
for new material.
FOR FURTHER INFORMATION CONTACT:
Coleman Sachs, Office of Vehicle Safety
Compliance, NHTSA (202–366–3151).
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 30141(a)(1)(A), a
motor vehicle that was not originally
manufactured to conform to all
applicable FMVSS shall be refused
E:\FR\FM\03MRN1.SGM
03MRN1
Agencies
[Federal Register Volume 73, Number 42 (Monday, March 3, 2008)]
[Notices]
[Pages 11464-11466]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4012]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2007-28735; Notice 2]
Mazda North American Operations, Grant of Petition for Decision
of Inconsequential Noncompliance
Mazda North American Operations (Mazda) has determined that an
unspecified quantity of replacement seat belt assemblies that it
delivered prior to June 25, 2007 did not comply with paragraphs S4.1(k)
and S4.1(l) of 49 CFR 571.209, Federal Motor Vehicle Safety Standard
(FMVSS) No. 209 Seat Belt Assemblies. Mazda has filed an appropriate
report pursuant to 49 CFR Part 573, Defect and Noncompliance
Responsibility and Reports.
Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule
implementing those provisions at 49 CFR Part 556, Mazda has petitioned
for an exemption from the notification and remedy requirements of 49
U.S.C. Chapter 301 on the basis that this noncompliance is
inconsequential to motor vehicle safety. Notice of receipt of the
petition was published, with a 30-day public comment period, on October
4, 2007 in the Federal Register (72 FR 56826). No comments were
received. To view the petition and all supporting documents log onto
the Federal Docket Management System (FDMS) Web site at: https://
www.regulations.gov/. Then follow the online search instructions to
locate docket number ``NHTSA-2007-28735.''
For further information on this decision, contact Ms. Claudia
Covell, Office of Vehicle Safety Compliance, the National Highway
Traffic Safety Administration (NHTSA), telephone (202) 366-5293,
facsimile (202) 366-7002.
Paragraphs S4.1(k) and S4.1(l) of FMVSS No. 209 require:
(k) Installation instructions. A seat belt assembly, other than
a seat belt assembly installed in a motor vehicle by an automobile
manufacturer, shall be accompanied by an instruction sheet providing
sufficient information for installing the assembly in a motor
vehicle. The installation instructions shall state whether the
assembly is for universal installation or for installation only in
specifically stated motor vehicles, and shall include at least those
items specified in SAE Recommended Practice J800c, ``Motor Vehicle
Seat Belt Installations,'' November 1973. If the assembly is for use
only in specifically stated motor vehicles, the assembly shall
either be permanently and legibly marked or labeled with the
following statement, or the instruction sheet shall include the
following statement:
This seat belt assembly is for use only in [insert specific
seating position(s), e.g., ``front right''] in [insert specific
vehicle make(s) and model(s)].
(l) Usage and maintenance instructions. A seat belt assembly or
retractor shall be accompanied by written instructions for the
proper use of the assembly, stressing particularly the importance of
wearing the assembly snugly and properly located on the body, and on
the maintenance of the assembly and periodic inspection of all
components. The instructions shall show the proper manner of
threading webbing in the hardware of seat belt assemblies in which
the webbing is not permanently fastened. Instructions for a
nonlocking retractor shall include a caution that the webbing must
be
[[Page 11465]]
fully extended from the retractor during use of the seat belt
assembly unless the retractor is attached to the free end of webbing
which is not subjected to any tension during restraint of an
occupant by the assembly. Instructions for Type 2a shoulder belt
shall include a warning that the shoulder belt is not to be used
without a lap belt.
Mazda's Data, Views, and Arguments
Mazda explains that three possible situations apply to the subject
replacement seat belt assemblies.
In the first instance, the seat belt assembly instruction sheets
included with the replacement assemblies appropriate for Mazda B-series
pickup trucks and Mazda Navajo multipurpose passenger vehicles only
identified the assemblies as applicable to the Ford Ranger pickup
trucks or Ford Explorer multipurpose passenger vehicles, respectively.
Although other information provided was accurate for the Mazda
vehicles, the incorrect vehicle reference fails to comply with S4.1(k)
of the standard.
Second, replacement seat belt assemblies produced for use in the
following vehicles did not include either the installation instructions
or the instructions for the proper use and maintenance of the
replacement seat belt assemblies. This fails to comply with both
paragraph S4.1(k) and paragraph S4.1(l) of the standard:
1992-1995 MY Mazda 929, delivered from 1991 to 2007
1990-2002 MY Mazda 626, delivered from 1989 to 2007
1994-1995 MY Mazda MX-3, delivered from 1993 to 2007
1994-2007 MY Mazda MX-5, delivered from 1993 to 2007
1988-1997 MY Mazda MX-6, delivered from 1987 to 2007
1993-1995 MY Mazda RX-7, delivered from 1992 to 2007
1999-2003 MY Mazda Protege, delivered from 1998 to 2007
2001-2008 MY Mazda Tribute, delivered from 2000 to 2007
2004-2007 MY Mazda Mazda6, delivered from 2003 to 2007
2006-2007 MY Mazda 5, delivered from 2005 to 2007
2007 MY Mazda CX-9, delivered from 2006 to 2007
2007 MY Mazda B-Series Truck, delivered from 2006 to 2007
And finally, all remaining replacement seat belt assemblies
produced for use in the United States and its territories did not
include the instructions for the proper use and maintenance of the
replacement seat belt assemblies. This fails to comply with S4.1(l) of
the standard.
Mazda makes the argument that the Mazda parts ordering system used
by Mazda dealers clearly identifies the correct service seat belt
components for any given model/model year seat position combination.
The parts are unique to each belt and are designed to assemble properly
only in their intended application. When ordering Mazda replacement
seat belt parts, the dealer must refer to the Mazda parts catalog to
identify the ordering part number with the information on the specific
vehicle model type, location and model year. Each replacement seat belt
assembly is packaged individually with a specific part number label to
ensure shipping the correct parts. Then, the dealer routinely checks to
confirm that the part received matches the one ordered. Given the
ordering system and process, the dealers could select, order, and
obtain the correct parts. Also, installation instructions for seat
belts are readily available in the Mazda workshop manuals and on the
internet. Therefore, the seat belt parts can be successfully installed
with the information already available even though installation
instructions did not accompany the replacement seat belt assemblies.
Mazda further argues that since the instruction for proper use and
maintenance is described in the owner's manual which is installed in
the vehicle, incorrect usage and maintenance by the vehicle owner is
highly unlikely.
Mazda is not aware of any customer or field reports of service seat
belt assemblies being incorrectly installed in the subject applications
as a result of installation instructions not accompanying the service
part.
Mazda also stated that it is not aware of any reports requesting
installation instructions, which it believed to be related to the
noncompliances.
Upon discovery of the subject noncompliance, Mazda took action to
ensure that all replacement seat belt assemblies shipped in the future
are packaged with the required installation instructions. Mazda has
also corrected all the replacement seat belt assemblies in the
inventory for shipment to dealers.
In summation, Mazda states that it has corrected the problem that
caused these errors so that they will not be repeated in future
production and that it believes that because the noncompliances are
inconsequential to motor vehicle safety that no corrective action is
warranted.
NHTSA Decision
To help ensure proper selection, installation, usage, and
maintenance of seat belt assemblies, paragraph S4.1(k) of FMVSS No. 209
requires that installation, usage, and maintenance instructions be
provided with seat belt assemblies, other than those installed by an
automobile manufacturer.
First, NHTSA believes that installers who receive seat belt
assemblies having instructions that reference an incorrect vehicle will
either return the part, determine that the part is correct for the
appropriate Mazda vehicle based on the specific part number label
located on the seat belt assembly, or install the part in the vehicle
listed on the accompanying instruction sheet. In any of these
scenarios, the assembly will be installed in the correct vehicle and
seating position resulting in no safety risk.
Second, we note that the subject seat belt assemblies are only made
available to Mazda authorized dealerships for their use or subsequent
resale. Because the parts ordering process used by Mazda authorized
dealerships clearly identifies the correct service part required by
model year, model, and seating position, NHTSA believes that there is
little likelihood that an inappropriate seat belt assembly will be
provided for a specific seating position within a Mazda vehicle.
Third, we note that technicians at Mazda dealerships have access to
the seat belt assembly installation instruction information in workshop
manuals. In addition, installers other than Mazda dealership
technicians can access the installation instructions on the Internet.
We also believe that Mazda is correct in stating that the seat belt
assemblies are designed to assemble properly only in their intended
application. Thus, we conclude that sufficient safeguards are in place
to prevent the installation of an improper seat belt assembly.
NHTSA recognizes the importance of having installation instructions
available to installers and use and maintenance instructions available
to consumers. The risk created by this noncompliance is that someone
who purchased an assembly is unable to obtain the necessary
installation information resulting in an incorrectly installed seat
belt assembly. However, because the seat belt assemblies are designed
to be assembled properly only in their intended application and the
installation information is widely available to the public, it appears
that there is little likelihood that installers will not be able to
access the installation instructions. Furthermore, we note that Mazda
has stated that they are not aware of any customer or field reports of
service seat belt assemblies being incorrectly installed in the subject
applications, nor aware of any reports requesting installation
instructions.
[[Page 11466]]
These findings suggest that it is unlikely that seat belts have been
improperly installed.
In addition, although 49 CFR Part 571.209 paragraph S4.1(k)
requires certain instructions specified in SAE Recommended Practice
J800c be included in seat belt replacement instructions, that
requirement applies to seat belts intended to be installed in seating
positions where seat belts do not already exist. The subject seat belt
assemblies are only intended to be used for replacement of original
equipment seat belts, therefore the instructions do not apply to the
subject seat belt assemblies.\1\
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\1\ Subaru of America, Inc.; Grant of Application for Decision
of Inconsequential Non-Compliance (65 FR 67472).
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With respect to seat belt usage and inspection instructions, we
note that this information is available in the owner's manual which is
installed in the vehicle. Thus, with respect to usage and maintenance
instructions, it appears that Mazda has met the intent of S4.1(l) of
FMVSS No. 209 for the subject vehicles using alternate methods for
notification.
NHTSA has granted similar petitions for noncompliance with seat
belt assembly installation and usage instruction standards. Refer to
Subaru of America, Inc. (65 FR 67471, November 9, 2000); Bombardier
Motor Corporation of America, Inc. (65 FR 60238, October 10, 2000);
TRW, Inc. (58 FR 7171, February 4, 1993); and Chrysler Corporation, (57
FR 45865, October 5, 1992). In all of these cases, the petitioners
demonstrated that the noncompliant seat belt assemblies were properly
installed, and due to their respective replacement parts ordering
systems, improper replacement seat belt assembly selection and
installation would not be likely to occur.
In consideration of the foregoing, NHTSA has decided that Mazda has
met its burden of persuasion that the installation and usage
instruction noncompliances described are inconsequential to motor
vehicle safety. Accordingly, Mazda's application is granted, and it is
exempted from providing the notification of noncompliance that is
required by 49 U.S.C. 30118, and from remedying the noncompliance, as
required by 49 U.S.C. 30120. All products manufactured or sold on and
after June 26, 2007, must comply fully with the requirements of FMVSS
No. 209.
Authority: 49 U.S.C. 30118, 30120; delegations of authority at
49 CFR 1.50 and 501.8.
Issued on: February 26, 2008.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. E8-4012 Filed 2-29-08; 8:45 am]
BILLING CODE 4910-59-P