Ford Motor Company, Receipt of Petition for Decision of Inconsequential Noncompliance, 27889-27890 [E8-10730]
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Federal Register / Vol. 73, No. 94 / Wednesday, May 14, 2008 / Notices
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[FR Doc. E8–10683 Filed 5–13–08; 8:45 am]
BILLING CODE 4910–81–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2008–0088; Notice 1]
jlentini on PROD1PC65 with NOTICES
Ford Motor Company, Receipt of
Petition for Decision of
Inconsequential Noncompliance
Ford Motor Company (Ford), on
behalf of Jaguar and Land Rover, has
determined that certain motor vehicles
seat belt assemblies sold during the
period 1981 through 2008 for certain
model year 1981 through 2008 Jaguar
VerDate Aug<31>2005
16:39 May 13, 2008
Jkt 214001
and Land Rover make vehicles, did not
fully comply with paragraphs S4.1(k)
and S4.1(l) of 49 CFR 571.209 Federal
Motor Vehicle Safety Standards
(FMVSS) No. 209 Seat Belt Assemblies.
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) (see implementing rule 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.
This notice of receipt of Ford’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.
Affected are an undetermined number
of model year 1981 through 2008 Jaguar
and Land Rover make passenger cars
and multi-purpose vehicles. Ford stated
that because these seat belt assemblies
are supplied as replacement parts they
can be used for non-warranty purposes,
and therefore it is unable to ascertain
into which individual vehicles these
parts may have been installed. The
model years that are affected are:
2001–2008 Model Year Jaguar X-Type
1999–2008 Model Year Jaguar S-Type
1982–2008 Model Year Jaguar XJ
1997–2008 Model year Jaguar XK
1981–1996 Model Year Jaguar XJS
2002–2005 Model Year Land Rover
Freelander
2008 Model Year Land Rover LR2
1993–1997 Model Year Land Rover Defender
1994–1999 Model Year Land Rover Discovery
Series I
1999–2004 Model Year Land Rover Discovery
Series II
2005–2008 Model Year Land Rover LR3
1987–2008 Model Year Land Rover Range
Rover
2006–2008 Model Year Land Rover Range
Rover Sport
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
PO 00000
Frm 00096
Fmt 4703
Sfmt 4703
27889
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 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 209.
Ford makes the argument that the
service seat belt assemblies in question
are only made available to Jaguar and
Land Rover authorized dealerships for
their use or subsequent resale and that
the Jaguar and Land Rover parts
ordering process used by its 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 Range Rover would
be filled by the components specifically
designed to be installed in that
particular position in that specific
vehicle. Furthermore, Ford states that
Jaguar’s and Land Rover’s service seat
belt assemblies are designed to be
installed properly only in their intended
application.
Ford additionally states that
technicians at Jaguar and Land Rover
dealerships that replace seat belts have
access to the installation instruction
information available in workshop
manuals. Installers other than Jaguar
and Land Rover dealership technicians
also have seat belt installation
information available because most
workshop manual information,
including seat belt replacement
information, is made available to the
general public on the Jaguar and Land
Rover Global Technical Reference (GTR)
Web sites.
E:\FR\FM\14MYN1.SGM
14MYN1
jlentini on PROD1PC65 with NOTICES
27890
Federal Register / Vol. 73, No. 94 / Wednesday, May 14, 2008 / Notices
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 this 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 explained
in the Owner Handbook that is included
with each new vehicle. Information
concerning maintenance, periodic
inspection for wear and function of the
seat belts, as well as for their proper
usage is included in the vehicle Owner
Handbook and this information equally
applies to replacement seat belt
assemblies. Many Jaguar and Land
Rover Owner Handbooks are also
available to the public, free of charge on
the Jaguar and Land Rover (GTR) Web
sites.
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.
Ford also informed NHTSA that it has
corrected the problem that caused these
errors so that they will not be repeated
in future production.
In summation, Ford states that it
believes that because the
noncompliances are inconsequential to
motor vehicle safety that no corrective
action is warranted.
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.
Interested persons are invited to
submit written data, views, and
arguments on this petition. Comments
must refer to the docket and notice
number cited at the beginning of this
notice and be submitted by any of the
following methods:
VerDate Aug<31>2005
16:39 May 13, 2008
Jkt 214001
a. By mail addressed to: U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
DC 20590.
b. By hand delivery to 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 am to 5 pm except
Federal Holidays.
c. Electronically: By logging onto the
Federal Docket Management System
(FDMS) Web site at https://
www.regulations.gov/. Follow the online
instructions for submitting comments.
Comments may also be faxed to 1–202–
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 your comments were
received, please enclose a stamped, selfaddressed postcard with the comments.
Note that all comments received will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
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.). DOT’s
complete Privacy Act Statement in the
Federal Register published on April 11,
2000 (65 FR 19477–78).
You may view documents submitted
to a docket at the address and times
given above. You may also view the
documents on the Internet at https://
www.regulations.gov by following the
online instructions for accessing the
dockets available at that Web site.
The petition, supporting materials,
and all comments received before the
close of business on the closing date
indicated below will be filed and will be
considered. All comments and
supporting materials received after the
closing date will also be filed and will
be considered to the extent possible.
When the petition is granted or denied,
notice of the decision will be published
in the Federal Register pursuant to the
authority indicated below.
Comment closing date: June 13, 2008.
Authority: 49 U.S.C. 30118, 30120:
delegations of authority at CFR 1.50 and
501.8.
PO 00000
Frm 00097
Fmt 4703
Sfmt 4703
Issued on: May 8, 2008.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E8–10730 Filed 5–13–08; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. DOT–NHTSA–2008–0094]
Notice of Receipt of Petition for
Decision That Nonconforming 1988–
1994 ALPINA Burkard Bovensiepen
GmbH B12 5.0 Model Passenger Cars
Are Eligible for Importation
National Highway Traffic
Safety Administration, DOT.
ACTION: Notice of receipt of petition for
decision that nonconforming 1988–1994
ALPINA Burkard Bovensiepen GmbH
(ALPINA) B12 5.0 model 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 1988–1994
ALPINA B12 5.0 model 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 they have safety
features that comply with, or are
capable of being altered to comply with,
all such standards.
DATE: The closing date for comments on
the petition is June 13, 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,
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
E:\FR\FM\14MYN1.SGM
14MYN1
]]>Agencies
[Federal Register Volume 73, Number 94 (Wednesday, May 14, 2008)]
[Notices]
[Pages 27889-27890]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-10730]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2008-0088; Notice 1]
Ford Motor Company, Receipt of Petition for Decision of
Inconsequential Noncompliance
Ford Motor Company (Ford), on behalf of Jaguar and Land Rover, has
determined that certain motor vehicles seat belt assemblies sold during
the period 1981 through 2008 for certain model year 1981 through 2008
Jaguar and Land Rover make vehicles, did not fully comply with
paragraphs S4.1(k) and S4.1(l) of 49 CFR 571.209 Federal Motor Vehicle
Safety Standards (FMVSS) No. 209 Seat Belt Assemblies. 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) (see implementing rule
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.
This notice of receipt of Ford'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.
Affected are an undetermined number of model year 1981 through 2008
Jaguar and Land Rover make passenger cars and multi-purpose vehicles.
Ford stated that because these seat belt assemblies are supplied as
replacement parts they can be used for non-warranty purposes, and
therefore it is unable to ascertain into which individual vehicles
these parts may have been installed. The model years that are affected
are:
2001-2008 Model Year Jaguar X-Type
1999-2008 Model Year Jaguar S-Type
1982-2008 Model Year Jaguar XJ
1997-2008 Model year Jaguar XK
1981-1996 Model Year Jaguar XJS
2002-2005 Model Year Land Rover Freelander
2008 Model Year Land Rover LR2
1993-1997 Model Year Land Rover Defender
1994-1999 Model Year Land Rover Discovery Series I
1999-2004 Model Year Land Rover Discovery Series II
2005-2008 Model Year Land Rover LR3
1987-2008 Model Year Land Rover Range Rover
2006-2008 Model Year Land Rover Range Rover Sport
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 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 209.
Ford makes the argument that the service seat belt assemblies in
question are only made available to Jaguar and Land Rover authorized
dealerships for their use or subsequent resale and that the Jaguar and
Land Rover parts ordering process used by its 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
Range Rover would be filled by the components specifically designed to
be installed in that particular position in that specific vehicle.
Furthermore, Ford states that Jaguar's and Land Rover's service seat
belt assemblies are designed to be installed properly only in their
intended application.
Ford additionally states that technicians at Jaguar and Land Rover
dealerships that replace seat belts have access to the installation
instruction information available in workshop manuals. Installers other
than Jaguar and Land Rover dealership technicians also have seat belt
installation information available because most workshop manual
information, including seat belt replacement information, is made
available to the general public on the Jaguar and Land Rover Global
Technical Reference (GTR) Web sites.
[[Page 27890]]
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 this 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 explained in the Owner Handbook that is included with each new
vehicle. Information concerning maintenance, periodic inspection for
wear and function of the seat belts, as well as for their proper usage
is included in the vehicle Owner Handbook and this information equally
applies to replacement seat belt assemblies. Many Jaguar and Land Rover
Owner Handbooks are also available to the public, free of charge on the
Jaguar and Land Rover (GTR) Web sites.
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.
Ford also informed NHTSA that it has corrected the problem that
caused these errors so that they will not be repeated in future
production.
In summation, Ford states that it believes that because the
noncompliances are inconsequential to motor vehicle safety that no
corrective action is warranted.
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.
Interested persons are invited to submit written data, views, and
arguments on this petition. Comments must refer to the docket and
notice number cited at the beginning of this notice and be submitted by
any of the following methods:
a. By mail addressed to: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
b. By hand delivery to 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 am to 5 pm except Federal Holidays.
c. Electronically: By logging onto the Federal Docket Management
System (FDMS) Web site at https://www.regulations.gov/. Follow the
online instructions for submitting comments. Comments may also be faxed
to 1-202-493-2251.
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 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.
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.). DOT's complete Privacy
Act Statement in the Federal Register published on April 11, 2000 (65
FR 19477-78).
You may view documents submitted to a docket at the address and
times given above. You may also view the documents on the Internet at
https://www.regulations.gov by following the online instructions for
accessing the dockets available at that Web site.
The petition, supporting materials, and all comments received
before the close of business on the closing date indicated below will
be filed and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the extent possible. When the petition is granted or
denied, notice of the decision will be published in the Federal
Register pursuant to the authority indicated below.
Comment closing date: June 13, 2008.
Authority: 49 U.S.C. 30118, 30120: delegations of authority at
CFR 1.50 and 501.8.
Issued on: May 8, 2008.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E8-10730 Filed 5-13-08; 8:45 am]
BILLING CODE 4910-59-P
