Ford Motor Company, Grant of Petition for Decision of Inconsequential Noncompliance, 11462-11464 [E8-4043]
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Federal Register / Vol. 73, No. 42 / Monday, March 3, 2008 / Notices
Issued on February 26, 2008.
Joseph N. Kanianthra,
Associate Administrator for Vehicle Safety
Research.
[FR Doc. E8–4004 Filed 2–29–08; 8:45 am]
BILLING CODE 4910–69–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2007–28734; Notice 2]
rmajette on PROD1PC64 with NOTICES
DaimlerChrysler Corporation, Grant of
Petition for Decision of
Inconsequential Noncompliance
DaimlerChrysler Corporation (DCC) 1
has determined that certain model year
(MY) 2007 motor vehicles do not
comply with paragraph S4.3(d) of 49
CFR 571.110, Federal Motor Vehicle
Safety Standard (FMVSS) No. 110, Tire
Selection and Rims for Motor Vehicles
With a GVWR of 4,536 Kilograms
(10,000 pounds) or Less. DCC filed an
appropriate report pursuant to 49 CFR
Part 573, Defect and Noncompliance
Responsibility and Reports identifying
approximately 3,037 MY 2007 Dodge
Dakota (Dakota) pickup trucks produced
between May 8, 2006 and March 16,
2007 that do not comply with the
paragraph of FMVSS No. 110 cited
above.
Pursuant to 49 U.S.C. 30118(d) and
30120(h) and the rule implementing
those provisions at 49 CFR Part 556,
DCC 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 56824). No
comments were received. To view the
petition and all supporting documents,
log on to 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–
28734.’’
For further information on this
decision, contact Mr. John Finneran,
Office of Vehicle Safety Compliance, the
National Highway Traffic Safety
Administration (NHTSA), telephone
(202) 366–0645, facsimile (202) 366–
7097.
Paragraph S4.3(d) of FMVSS No. 110
requires in pertinent part that:
S4.3 Placard. Each vehicle, except for a
trailer or incomplete vehicle, shall show the
1 Now
known as Chrysler, LLC.
VerDate Aug<31>2005
15:33 Feb 29, 2008
Jkt 214001
information specified in S4.3 (a) through (g),
* * *
(d) Tire size designation, indicated by the
headings ‘‘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; * * *
By way of background, DCC explains
that MY 2006 Dakotas were equipped
with five P265/65R17 tires—the four
tires installed on the vehicle at time of
sale and the spare tire. The vehicle
placard on the MY 2006 Dakota
accurately reflected the sizes of the tires.
DCC further explained that they decided
to equip the subsequent MY 2007
Dakota with P265/60R18 tires. However,
prior to the actual launch of the MY
2007 vehicles, DCC discovered that a
P265/60R18 tire would not fit properly
in the spare tire location on the vehicle.
Therefore, DCC decided to retain the
P265/65R17 tire as the spare tire, while
going forward with the decision to use
P265/60R18 tires as in-service original
equipment. Unfortunately, the vehicle
placards affixed to the subject MY 2007
Dakotas were not revised to reflect the
decision to use the P265/65R17 spare
tire; therefore, the vehicles do not
comply with S4.3(d).
DCC argues that the noncompliance,
the erroneous designation of the size of
the spare tire on the vehicle placard,
does not have any adverse safety
impact. In DCC’s estimation, the P265/
60R18 tire and the P265/65R17 tire are
equivalent. It supports this estimation
by stating that the recommended cold
tire inflation pressure specified on the
vehicle placard—240 kPa (35 psi)—is
appropriate for either P265/60R18 or
P265/65R17 tires when mounted for
service on the Dakota, and that the Tire
& Rim Association Handbook confirms
that the P265/65R17 spare tire supplied
with the vehicles can carry more weight
at 35 psi (2,124 pounds) than the P265/
60R18 tire referred to on the erroneous
vehicle placard (2,064 pounds).
DCC states that all other information
provided on the 2007 Dakota vehicle
placard is correct.
In summation, DCC 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 noncompliance is
inconsequential to motor vehicle safety
that no corrective action is warranted.
NHTSA Decision
NHTSA agrees with DCC that the
erroneous designation of the size of the
spare tire on the placard affixed to the
PO 00000
Frm 00082
Fmt 4703
Sfmt 4703
subject vehicles does not have any
adverse safety implications. The intent
of FMVSS No. 110 is to ensure that
vehicles are equipped with tires
appropriate to handle maximum vehicle
loads and prevent overloading. The
subject 2007 Dodge Dakota pickup
trucks are equipped with four P265/
60R18 tires that have a load rating of
2,064 pounds (de-rated by 1.1 when
inflated to the recommended inflation
pressure of 35 psi listed on the vehicle
placard required by FMVSS No. 110).
As required by FMVSS No. 110, these
tires are appropriate for the vehicle’s
stated front and rear gross axle weight
ratings. The same P265/60R18 tire size
is listed on the placard for the spare tire.
The actual spare tire provided with the
vehicle is a P265/65R17. This tire has
more load carrying capability, 2,124
pounds (de-rated by 1.1 at 35 psi), than
the P265/60R18 tires. Both the actual
provided spare tire and the spare tire
indicated on the vehicle placard meet
the FMVSS No. 110 loading
requirements at the recommended cold
inflation pressure of 35 psi. DCC is not
aware of any customer complaints or
field reports relating to this issue and
stated that it has corrected the problem
that caused these errors so that they will
not be repeated in future production.
In consideration of the foregoing,
NHTSA has decided that DCC has met
its burden of persuasion that the
labeling noncompliances described are
inconsequential to motor vehicle safety.
Accordingly, DCC’s petition is granted
and the petitioner is exempted from the
obligation of providing notification of,
and a remedy for, the noncompliances
under 49 U.S.C. 30118 and 30120.
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. E8–4045 Filed 2–29–08; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2007–28769; Notice 2]
Ford Motor Company, Grant of Petition
for Decision of Inconsequential
Noncompliance
Ford Motor Company (Ford) has
determined that approximately 180,603
seat belt replacement assemblies for
2000 through 2004 model year Ford
Focus passenger cars and 191,352
E:\FR\FM\03MRN1.SGM
03MRN1
Federal Register / Vol. 73, No. 42 / Monday, March 3, 2008 / Notices
rmajette on PROD1PC64 with NOTICES
service seat belt assemblies for 2001
through 2004 model year Ford Escape
multipurpose passenger vehicles 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. The
assemblies for the Focus passenger cars
were sold from July 1999 through May
17, 2007, and the assemblies for the
Escape multipurpose passenger vehicles
were sold from June 2000 through April
18, 2007. Ford 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,
Ford 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 56825). No
comments were received. To view the
petition and all supporting documents,
log on to 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–
28769.’’
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
VerDate Aug<31>2005
15:33 Feb 29, 2008
Jkt 214001
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
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.
Ford’s Data, Views, and Arguments
Ford explains that the subject seat belt
assemblies were sold in the United
States and federalized territories
without the installation, usage, and
maintenance instructions required by
paragraphs in S4.1(k) and S4.1(1) of
FMVSS No. 209.
Ford makes the argument that the
service seat belt assemblies in question
are only made available to Ford
authorized dealerships for their use or
subsequent resale and that the Ford
parts ordering process used by Ford
dealers clearly identifies the correct
service part required by model year,
model, and seating position. By way of
example, Ford further explains that an
order for a driver’s-side front buckle
assembly for a 2002 model year Focus
would be filled by the components
specifically designed to be installed in
that particular position in that specific
vehicle. This is because Ford’s service
seat belt assemblies are designed to be
installed properly only in their intended
application.
Ford additionally states that
technicians at Ford dealerships that
replace seat belts have access to the
installation instruction information
available in workshop manuals.
Installers other than Ford dealership
technicians also have seat belt
installation information available
because all workshop manual
information, including seat belt
replacement information, is made
available to the general public on the
Ford Motorcraft Web site and through
aftermarket service information
compilers such as Mitchell and Alldata.
Ford additionally argues that a
significant portion of paragraph S4.1(k)
appears to address a concern with
proper installation of aftermarket seat
belts into vehicles that were not
originally equipped with these
restraints. Ford also notes that SAE
J800c which is cited in the regulation
involves installation of ‘‘universal type
PO 00000
Frm 00083
Fmt 4703
Sfmt 4703
11463
seat belt assemblies,’’ particularly where
no seat belt had previously been
installed, and that these concerns do not
apply to the service seat belts. The
vehicles involved in the instant petition
have uniquely designed seat belt
components, and replacement seat belt
assemblies are installed into the
identical location from which the
original parts were removed.
Ford also states that proper seat belt
usage instructions are clearly laid out in
the Owner Guide that is included with
each new vehicle. There are no
requirements for scheduled
maintenance on the seat belt assemblies
in the subject vehicles. Information
concerning periodic inspection for wear
and function of the seat belts, as well as
for their proper usage is included in the
vehicle Owner Guide and this
information applies as equally to service
seat belt assemblies as it does to the
original equipment belts. All Ford
Owner Guides, including those for the
2000 through 2004 Focus and 2001
through 2004 Escape, are also available
to the public, free of charge on the Ford
Motorcraft Web site.
Ford 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. Ford
also is not aware of any reports
requesting installation instructions,
which it believes to be indicative of the
availability of this information from the
sources listed above.
In summation, Ford 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, we note that the subject seat belt
assemblies are only made available to
Ford authorized dealerships for their
use or subsequent resale. Because the
parts ordering process used by Ford
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
E:\FR\FM\03MRN1.SGM
03MRN1
rmajette on PROD1PC64 with NOTICES
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
]]>Agencies
[Federal Register Volume 73, Number 42 (Monday, March 3, 2008)]
[Notices]
[Pages 11462-11464]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4043]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2007-28769; Notice 2]
Ford Motor Company, Grant of Petition for Decision of
Inconsequential Noncompliance
Ford Motor Company (Ford) has determined that approximately 180,603
seat belt replacement assemblies for 2000 through 2004 model year Ford
Focus passenger cars and 191,352
[[Page 11463]]
service seat belt assemblies for 2001 through 2004 model year Ford
Escape multipurpose passenger vehicles 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. The assemblies for the
Focus passenger cars were sold from July 1999 through May 17, 2007, and
the assemblies for the Escape multipurpose passenger vehicles were sold
from June 2000 through April 18, 2007. Ford 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, Ford 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 56825). No comments were
received. To view the petition and all supporting documents, log on to
the Federal Docket Management System (FDMS) Web site at: https://
www.regulations.gov/. Then follow the online search instructions to
locate docket number ``NHTSA-2007-28769.''
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 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.
Ford's Data, Views, and Arguments
Ford explains that the subject seat belt assemblies were sold in
the United States and federalized territories without the installation,
usage, and maintenance instructions required by paragraphs in S4.1(k)
and S4.1(1) of FMVSS No. 209.
Ford makes the argument that the service seat belt assemblies in
question are only made available to Ford authorized dealerships for
their use or subsequent resale and that the Ford parts ordering process
used by Ford dealers clearly identifies the correct service part
required by model year, model, and seating position. By way of example,
Ford further explains that an order for a driver's-side front buckle
assembly for a 2002 model year Focus would be filled by the components
specifically designed to be installed in that particular position in
that specific vehicle. This is because Ford's service seat belt
assemblies are designed to be installed properly only in their intended
application.
Ford additionally states that technicians at Ford dealerships that
replace seat belts have access to the installation instruction
information available in workshop manuals. Installers other than Ford
dealership technicians also have seat belt installation information
available because all workshop manual information, including seat belt
replacement information, is made available to the general public on the
Ford Motorcraft Web site and through aftermarket service information
compilers such as Mitchell and Alldata.
Ford additionally argues that a significant portion of paragraph
S4.1(k) appears to address a concern with proper installation of
aftermarket seat belts into vehicles that were not originally equipped
with these restraints. Ford also notes that SAE J800c which is cited in
the regulation involves installation of ``universal type seat belt
assemblies,'' particularly where no seat belt had previously been
installed, and that these concerns do not apply to the service seat
belts. The vehicles involved in the instant petition have uniquely
designed seat belt components, and replacement seat belt assemblies are
installed into the identical location from which the original parts
were removed.
Ford also states that proper seat belt usage instructions are
clearly laid out in the Owner Guide that is included with each new
vehicle. There are no requirements for scheduled maintenance on the
seat belt assemblies in the subject vehicles. Information concerning
periodic inspection for wear and function of the seat belts, as well as
for their proper usage is included in the vehicle Owner Guide and this
information applies as equally to service seat belt assemblies as it
does to the original equipment belts. All Ford Owner Guides, including
those for the 2000 through 2004 Focus and 2001 through 2004 Escape, are
also available to the public, free of charge on the Ford Motorcraft Web
site.
Ford 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. Ford also is not aware of any reports requesting installation
instructions, which it believes to be indicative of the availability of
this information from the sources listed above.
In summation, Ford 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, we note that the subject seat belt assemblies are only made
available to Ford authorized dealerships for their use or subsequent
resale. Because the parts ordering process used by Ford 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
[[Page 11464]]
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\
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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 Guides that are
included with each new vehicle as well as free of charge on the Ford
Motorcraft Web site 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
