Mitsubishi Motors North America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance, 24762-24764 [2012-9946]
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24762
Federal Register / Vol. 77, No. 80 / Wednesday, April 25, 2012 / Notices
at restricted speed. However, main track
rear end collisions are seldom the result
of a single factor or cause. Preliminary
investigations of the above-described
collisions have established that they
likely resulted from a combination of
unrelated factors, some of which
include: employee fatigue; distraction
due to the improper use of cell phones;
work-related discussions in the cab of
the controlling locomotive; alleged
confusion over signal indications; and,
what FRA refers to as ‘‘self
dispatching.’’ Self-dispatching is the
operation of a train based on
assumptions about the locations of other
trains. These assumptions are
sometimes developed through
overheard radio conversations among
other train crewmembers.
Operating employees must work
together as a team, because they work in
an environment which is often without
on-site managerial oversight. Both the
locomotive engineer and conductor of a
train are equally responsible for safe
operation of their train and compliance
with railroad operating rules. Indeed,
both the engineer and conductor, and
any other crewmembers present in the
controlling locomotive of a train, must
remain vigilant and must assist each
other in the safe operation of the train.
As the above accidents indicate, even
slight lapses in situational awareness,
particularly when operating trains on
‘‘Approach’’ and ‘‘Restricting’’ signal
indications can lead to tragedy. An
environment must be created and
maintained in the locomotive control
compartment where the crew
exclusively focuses on properly
controlling the train in compliance with
the operating rules.
A railroad’s safety culture must
support employees’ undisturbed
attention to the tasks at hand without
the distraction of electronic devices or
the loss of situational awareness due to
fatigue. All train crewmembers must
maintain this enhanced level of
awareness. Initial investigations of the
accidents described above indicate that
the crewmembers involved were
properly trained, experienced, and were
qualified on the territory over which
they operated. However, in every case,
it appears that there was a lack of
attentiveness to the signal indications
being conveyed prior to the collisions.
This discussion is not intended to place
blame or assign responsibility to
individuals or railroad companies, but
simply to point out that a culture of
operating rules compliance must be
everyone’s job. Peer support for the
railroad employees who perform each
task in the prescribed manner helps
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15:14 Apr 24, 2012
Jkt 226001
individuals maintain responsibility for
their own safety.
Recommended Railroad Action: In
light of the above discussion, FRA
recommends that railroads:
1. Review with operating employees
the circumstances of the six rear end
collisions identified above.
2. Discuss the requirements of
restricted speed and related operational
tests at future instructional classes (and
also as part of ad hoc coaching and
briefings) for operating employees, with
a focus on the railroad’s absolute speed
limit for such operations, as well as
requirements that ensure the ability to
stop in one-half the range of vision.
Special emphasis should be placed on
situations in which the range of vision
is limited (e.g., curves).
3. Evaluate quarterly and 6-month
reviews of operational testing data as
required by Title 49 Code of Federal
Regulations (CFR) section 217.9, and, as
appropriate, increase the level of
operational testing with regard to the
operation of trains on main tracks at
restricted speed. A representative
number of operational tests should be
conducted on trains following other
trains into an occupied block,
particularly in high-density corridors.
Operational tests should also include a
review of locomotive event recorder
data to verify compliance with restricted
speed requirements.
4. Reinforce the importance of
communication between crewmembers
located in the controlling locomotive,
particularly during safety critical
periods when multiple tasks are
occurring, including such activities as
copying mandatory directives; closely
approaching or passing fixed signals
that require trains to operate at
restricted speed; approaching locations
where trains’ movement authority is
being restricted; and during radio
conversations with other employees or
job briefings about work to be done at
an upcoming location.
5. Review with operating employees
the requirements of subpart C of 49 CFR
part 220, and reinforce that the
improper use of electronic devices
during safety critical periods often leads
to a loss of situational awareness and
resultant dangers.
FRA encourages railroad industry
members to take actions that are
consistent with the preceding
recommendations and to take other
actions to help ensure the safety of the
Nation’s railroad employees. FRA may
modify this Safety Advisory 2012–02,
issue additional safety advisories, or
take other appropriate actions it deems
necessary to ensure the highest level of
safety on the Nation’s railroads,
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including pursuing other corrective
measures under its rail safety authority.
Issued in Washington, DC, on April 20,
2012.
Robert C. Lauby,
Acting Associate Administrator for Railroad
Safety/Chief Safety Officer.
[FR Doc. 2012–9948 Filed 4–24–12; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2010–0176; Notice 2]
Mitsubishi Motors North America, Inc.,
Grant of Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration, DOT.
ACTION: Grant of Petition.
AGENCY:
Mitsubishi Motors North
America, Inc. (Mitsubishi) 1 has
determined that an unknown number of
replacement seat belts that it imported
do not include the installation, usage
and maintenance instructions required
by paragraphs S4.1(k) and S4.1(l) of
Federal Motor Vehicle Safety Standard
(FMVSS) No. 209, Seat Belt Assemblies.
Mitsubishi filed an appropriate report
dated October 25, 2010, 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,
Mitsubishi 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 30day public comment period, on January
7, 2011 in the Federal Register (76 FR
1210). 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–2010–
0176.’’
For further information on this
decision contact Ms. Claudia Covell,
Office of Vehicle Safety Compliance, the
National Highway Traffic Safety
Administration (NHTSA), telephone
SUMMARY:
1 Mitsubishi Motors North America, Inc.
(Mitsubishi), is organized under the laws of the
state of California. Mitsubishi manufactures and
imports motor vehicles and replacement
equipment.
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Federal Register / Vol. 77, No. 80 / Wednesday, April 25, 2012 / Notices
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(202) 366–5293, facsimile (202) 366–
7002.
Equipment involved: Mitsubishi
explained that an unknown number of
nonconforming seat belt assemblies
were sold by Mitsubishi to its
authorized dealers in the United States
for resale and replacement purposes.
Noncompliance: Mitsubishi described
the noncompliance as the failure to
provide installation, use and
maintenance instructions with the seat
belt assemblies as required in FMVSS
No. 209 S4.1(k) and S4.1(l).
Summary of Mitsubishi’s Analysis and
Arguments
Mitsubishi argues that this
noncompliance is inconsequential to
motor vehicle safety for the following
reasons:
(1) The service seat belt assemblies in
question are only made available to
Mitsubishi authorized dealerships for
their use or subsequence resale. The
Mitsubishi parts ordering system used
by Mitsubishi dealers clearly identifies
the correct service seat belt components
for any given model/model year/seat
position combination and the parts are
unique to each seat belt and designed to
assemble properly only in their
intended application.
(2) When ordering Mitsubishi
replacement seat belt parts, the dealer
must refer to the Mitsubishi 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.
Dealers routinely confirm that the part
received matches their order to validate
that the correct parts were received.
(3) Installation instructions for seat
belts are readily available in the
Mitsubishi workshop manuals.
Technicians at Mitsubishi dealerships
that replace seat belts have access to the
installation instruction information in
the workshop manual. Installers other
than Mitsubishi dealership technicians
also have seat belt installation
information available in the workshop
manuals and are available on the
Mitsubishi Service Web site
(www.mitsubishitechinfo.com). As a
result, the seat belt parts can be
successfully installed with the
information already available even
though installation instructions were
not accompanied in the replacement
seat belt assemblies.
(4) Instructions for proper use and
maintenance are described in the
owner’s manual which is installed in
each vehicle. Therefore, incorrect usage
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15:14 Apr 24, 2012
Jkt 226001
and maintenance by the vehicle owner
is highly unlikely.
Mitsubishi is also not aware of any
customer or field reports of replacement
seat belt assemblies being incorrectly
installed in the subject applications as
a result of the absence of the installation
instructions in the service part.
Mitsubishi also is not aware of any
reports requesting the installation
instructions, which Mitsubishi believes
is indicative of the availability of this
information from the other sources
mentioned above.
Finally, Mitsubishi has taken action to
ensure that all replacement seat belt
assemblies are packaged with the
required installation instructions and
has corrected all the replacement seat
belt assemblies in the inventory for
shipment to dealers.2
In summation, Mitsubishi believes
that the described noncompliance of its
replacement seat belt assemblies is
inconsequential to motor vehicle safety,
and that its petition, to exempt from
providing recall notification of
noncompliance as required by 49 U.S.C.
30118 and remedying the recall
noncompliance as required by 49 U.S.C.
30120 should be granted.
NHTSA Decision
Requirement Background: 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.
NHTSA’s Analysis of Mitsubishi’s
Reasoning: First, we note that the
subject seat belt assemblies are only
made available to Mitsubishi authorized
dealerships for their use or subsequent
resale. Because the parts ordering
process used by Mitsubishi 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 Mitsubishi vehicle.
Second, we note that technicians at
Mitsubishi dealerships have access to
the seat belt assembly installation
instruction information in Mitsubishi
Shop Manuals. In addition, installers
other than Mitsubishi dealership
technicians can access the installation
2 Subsequent to filing the subject petition
Mitsubishi notified NHTSA that the noncompliance
was corrected on Mitsubishi Motors Corporation
sourced parts on August 27, 2010 and Mitsubishi
Motors North America Manufacturing Division
sourced parts on November 2, 2010.
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24763
instructions from Mitsubishi service
manuals, Mitsubishi dealers or from
aftermarket service information
compilers. We also believe that
Mitsubishi 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 as well as 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
Mitsubishi 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.3
With respect to seat belt usage and
inspection instructions, we note that
this information is available in the
Owner Handbooks that are included
with each new vehicle and apply to the
replacement seat belt assemblies
installed in these vehicles. Thus, with
respect to usage and maintenance
instructions, it appears that Mitsubishi
has met the intent of S4.1(l) of FMVSS
No. 209 for the subject vehicles using
alternate methods for notification.
3 Subaru of America, Inc.; Grant of Application
for Decision of Inconsequential Non-Compliance
(65 FR 67472).
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Federal Register / Vol. 77, No. 80 / Wednesday, April 25, 2012 / Notices
NHTSA has granted similar petitions
for noncompliance with seat belt
assembly installation and usage
instruction standards. Refer to Hyundai
Motor Company (74 FR 9125, March 2,
209); Ford Motor Company (73 FR
11462, March 3, 2008); Mazda North
America Operations (73 FR 11464,
March 3, 2008); Ford Motor Company
(73 FR 63051, October 22, 2008); 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. Decision:
In consideration of the foregoing,
NHTSA has decided that Mitsubishi has
met its burden of persuasion that the
FMVSS No. 209 noncompliance in the
replacement seat belts identified in
Mitsubishi’s Noncompliance
Information Report is inconsequential to
motor vehicle safety. Accordingly,
Mitsubishi’s petition is granted and the
petitioner is exempted from the
obligation of providing notification of,
and a remedy for, that noncompliance
under 49 U.S.C. 30118 and 30120.
NHTSA notes that the statutory
provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to
file petitions for a determination of
inconsequentiality allow NHTSA to
exempt manufacturers only from the
duties found in sections 30118 and
30120, respectively, to notify owners,
purchasers, and dealers of a defect or
noncompliance and to remedy the
defect or noncompliance. Therefore, this
decision only applies to the replacement
seat belt assemblies that Mitsubishi no
longer controlled at the time that it
determined that a noncompliance
existed in the subject vehicles.
pmangrum on DSK3VPTVN1PROD with NOTICES
Authority: (49 U.S.C. 30118, 30120:
delegations of authority at CFR 1.50 and
501.8).
Issued on: April 18, 2012.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2012–9946 Filed 4–24–12; 8:45 am]
BILLING CODE 4910–59–P
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Jkt 226001
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2010–0053]
Visual-Manual NHTSA Driver
Distraction Guidelines for In-Vehicle
Electronic Devices
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Proposed Federal guidelines;
extension of comment period.
AGENCY:
On February 24, 2012,
NHTSA published proposed voluntary
NHTSA Driver Distraction Guidelines
for in-vehicle electronic devices. The
agency provided a 60-day comment
period. We received a petition from the
Alliance of Automobile Manufacturers
requesting an extension of the comment
period. The petitioner argued that
additional time was needed to review
information that was not placed in the
docket when the proposed NHTSA
Guidelines were published. After
considering the petition, we are
extending the comment period by
24 days, from April 24, 2012, to
May 18, 2012.
DATES: The comment period for the
proposed NHTSA Guidelines published
February 24, 2012, at 77 FR 11200, is
extended. You should submit your
comments early enough to ensure that
the docket receives them not later than
May 18, 2012.
ADDRESSES: You may submit comments
to the docket number identified in the
heading of this document 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: 1200
New Jersey Avenue SE., West Building
Ground Floor, Room W12–140, between
9 a.m. and 5 p.m. ET, Monday through
Friday, except Federal holidays.
• Fax: 202–493–2251.
Instructions: For detailed instructions
on submitting comments, see the Public
Participation heading of the
Supplementary Information section of
this document. 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.
SUMMARY:
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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.
Confidential Business Information: If
you wish to submit any information
under a claim of confidentiality, you
should submit three copies of your
complete submission, including the
information you claim to be confidential
business information, to the Chief
Counsel, National Highway Traffic
Safety Administration, 1200 New Jersey
Avenue SE., West Building 4th Floor,
Room W41–318, Washington, DC 20590.
In addition, you should submit two
copies, from which you have deleted the
claimed confidential business
information, to Docket Management at
the address given above. When you send
a comment containing information
claimed to be confidential business
information, you should include a cover
letter setting forth the information
specified in our confidential business
information regulation (49 CFR Part
512).
Docket: For access to the Docket to
read background documents or
comments received, go to https://
www.regulations.gov or the street
address listed above. Follow the online
instructions for accessing the Docket.
FOR FURTHER INFORMATION CONTACT: For
technical issues, you may contact Dr. W.
Riley Garrott, Vehicle Research and Test
Center, telephone: (937) 666–3312,
facsimile: (937) 666–3590. You may
send mail to this person at: The
National Highway Traffic Safety
Administration, Vehicle Research and
Test Center, P.O. Box B–37, East Liberty,
OH 43319.
SUPPLEMENTARY INFORMATION: On
February 24, 2012, NHTSA published in
the Federal Register a notice proposing
voluntary NHTSA Driver Distraction
Guidelines for in-vehicle electronic
devices (77 FR 11200). The proposed
NHTSA Guidelines are meant to
promote safety by discouraging the
introduction of excessively distracting
devices in vehicles. These NHTSA
Guidelines, which are voluntary, apply
to communications, entertainment,
information gathering, and navigation
devices or functions that are not
required to operate the vehicle safely
and that are operated by the driver
through visual-manual means (meaning
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Agencies
[Federal Register Volume 77, Number 80 (Wednesday, April 25, 2012)]
[Notices]
[Pages 24762-24764]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9946]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2010-0176; Notice 2]
Mitsubishi Motors North America, Inc., Grant of Petition for
Decision of Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Grant of Petition.
-----------------------------------------------------------------------
SUMMARY: Mitsubishi Motors North America, Inc. (Mitsubishi) \1\ has
determined that an unknown number of replacement seat belts that it
imported do not include the installation, usage and maintenance
instructions required by paragraphs S4.1(k) and S4.1(l) of Federal
Motor Vehicle Safety Standard (FMVSS) No. 209, Seat Belt Assemblies.
Mitsubishi filed an appropriate report dated October 25, 2010, pursuant
to 49 CFR Part 573 Defect and Noncompliance Responsibility and Reports.
---------------------------------------------------------------------------
\1\ Mitsubishi Motors North America, Inc. (Mitsubishi), is
organized under the laws of the state of California. Mitsubishi
manufactures and imports motor vehicles and replacement equipment.
---------------------------------------------------------------------------
Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule
implementing those provisions at 49 CFR Part 556, Mitsubishi 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 January 7, 2011 in the Federal Register (76 FR 1210). 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-2010-0176.''
For further information on this decision contact Ms. Claudia
Covell, Office of Vehicle Safety Compliance, the National Highway
Traffic Safety Administration (NHTSA), telephone
[[Page 24763]]
(202) 366-5293, facsimile (202) 366-7002.
Equipment involved: Mitsubishi explained that an unknown number of
nonconforming seat belt assemblies were sold by Mitsubishi to its
authorized dealers in the United States for resale and replacement
purposes.
Noncompliance: Mitsubishi described the noncompliance as the
failure to provide installation, use and maintenance instructions with
the seat belt assemblies as required in FMVSS No. 209 S4.1(k) and
S4.1(l).
Summary of Mitsubishi's Analysis and Arguments
Mitsubishi argues that this noncompliance is inconsequential to
motor vehicle safety for the following reasons:
(1) The service seat belt assemblies in question are only made
available to Mitsubishi authorized dealerships for their use or
subsequence resale. The Mitsubishi parts ordering system used by
Mitsubishi dealers clearly identifies the correct service seat belt
components for any given model/model year/seat position combination and
the parts are unique to each seat belt and designed to assemble
properly only in their intended application.
(2) When ordering Mitsubishi replacement seat belt parts, the
dealer must refer to the Mitsubishi 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. Dealers routinely confirm that the part
received matches their order to validate that the correct parts were
received.
(3) Installation instructions for seat belts are readily available
in the Mitsubishi workshop manuals. Technicians at Mitsubishi
dealerships that replace seat belts have access to the installation
instruction information in the workshop manual. Installers other than
Mitsubishi dealership technicians also have seat belt installation
information available in the workshop manuals and are available on the
Mitsubishi Service Web site (www.mitsubishitechinfo.com). As a result,
the seat belt parts can be successfully installed with the information
already available even though installation instructions were not
accompanied in the replacement seat belt assemblies.
(4) Instructions for proper use and maintenance are described in
the owner's manual which is installed in each vehicle. Therefore,
incorrect usage and maintenance by the vehicle owner is highly
unlikely.
Mitsubishi is also not aware of any customer or field reports of
replacement seat belt assemblies being incorrectly installed in the
subject applications as a result of the absence of the installation
instructions in the service part. Mitsubishi also is not aware of any
reports requesting the installation instructions, which Mitsubishi
believes is indicative of the availability of this information from the
other sources mentioned above.
Finally, Mitsubishi has taken action to ensure that all replacement
seat belt assemblies are packaged with the required installation
instructions and has corrected all the replacement seat belt assemblies
in the inventory for shipment to dealers.\2\
---------------------------------------------------------------------------
\2\ Subsequent to filing the subject petition Mitsubishi
notified NHTSA that the noncompliance was corrected on Mitsubishi
Motors Corporation sourced parts on August 27, 2010 and Mitsubishi
Motors North America Manufacturing Division sourced parts on
November 2, 2010.
---------------------------------------------------------------------------
In summation, Mitsubishi believes that the described noncompliance
of its replacement seat belt assemblies is inconsequential to motor
vehicle safety, and that its petition, to exempt from providing recall
notification of noncompliance as required by 49 U.S.C. 30118 and
remedying the recall noncompliance as required by 49 U.S.C. 30120
should be granted.
NHTSA Decision
Requirement Background: 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.
NHTSA's Analysis of Mitsubishi's Reasoning: First, we note that the
subject seat belt assemblies are only made available to Mitsubishi
authorized dealerships for their use or subsequent resale. Because the
parts ordering process used by Mitsubishi 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 Mitsubishi vehicle.
Second, we note that technicians at Mitsubishi dealerships have
access to the seat belt assembly installation instruction information
in Mitsubishi Shop Manuals. In addition, installers other than
Mitsubishi dealership technicians can access the installation
instructions from Mitsubishi service manuals, Mitsubishi dealers or
from aftermarket service information compilers. We also believe that
Mitsubishi 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 as well as 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
Mitsubishi 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.\3\
---------------------------------------------------------------------------
\3\ 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 Handbooks that are
included with each new vehicle and apply to the replacement seat belt
assemblies installed in these vehicles. Thus, with respect to usage and
maintenance instructions, it appears that Mitsubishi has met the intent
of S4.1(l) of FMVSS No. 209 for the subject vehicles using alternate
methods for notification.
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NHTSA has granted similar petitions for noncompliance with seat
belt assembly installation and usage instruction standards. Refer to
Hyundai Motor Company (74 FR 9125, March 2, 209); Ford Motor Company
(73 FR 11462, March 3, 2008); Mazda North America Operations (73 FR
11464, March 3, 2008); Ford Motor Company (73 FR 63051, October 22,
2008); 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. Decision: In consideration
of the foregoing, NHTSA has decided that Mitsubishi has met its burden
of persuasion that the FMVSS No. 209 noncompliance in the replacement
seat belts identified in Mitsubishi's Noncompliance Information Report
is inconsequential to motor vehicle safety. Accordingly, Mitsubishi's
petition is granted and the petitioner is exempted from the obligation
of providing notification of, and a remedy for, that noncompliance
under 49 U.S.C. 30118 and 30120.
NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, this decision
only applies to the replacement seat belt assemblies that Mitsubishi no
longer controlled at the time that it determined that a noncompliance
existed in the subject vehicles.
Authority: (49 U.S.C. 30118, 30120: delegations of authority at
CFR 1.50 and 501.8).
Issued on: April 18, 2012.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2012-9946 Filed 4-24-12; 8:45 am]
BILLING CODE 4910-59-P