[Federal Register Volume 72, Number 192 (Thursday, October 4, 2007)]
[Notices]
[Pages 56826-56827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19604]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2007-28735; Notice 1]
Mazda North American Operations, Receipt of Petition for Decision
of Inconsequential Noncompliance
Mazda North American Operations (Mazda) has determined that certain
motor vehicle replacement equipment that it delivered prior to June 25,
2007 did not comply with paragraphs S4.1(k) and S4.1(l) of 49 CFR
571.209, Federal Motor Vehicle Safety Standard (FMVSS) No. 209, Seat
Belt Assemblies. MAZDA has filed an appropriate report pursuant to 49
CFR part 573, Defect and Noncompliance Responsibility and Reports.
Pursuant to 49 U.S.C. 30118(d) and 30120(h), 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.
This notice of receipt of MAZDA'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 unspecified quantity of seat belt replacement
assemblies delivered prior to June 25, 2007. 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.
MAZDA explains that three possible situations apply to the subject
seat belt replacement assemblies.
In the first instance, the seat belt assembly instruction sheets
included with the replacement assemblies appropriate for Mazda B-series
pickup trucks and Mazda Navajo multipurpose passenger vehicles only
identified the assemblies as applicable to the Ford Ranger pickup
trucks or Ford Explorer multipurpose passenger vehicles, respectively.
Although other information provided was accurate for the Mazda
vehicles, the incorrect vehicle reference fails to comply with S4.1(k)
of the standard.
Second, replacement seat belt assemblies produced for use in the
[[Page 56827]]
following vehicles did not include either the installation instructions
or the instructions for the proper use and maintenance of the
replacement seat belt assemblies. This fails to comply with both
paragraph S4.1(k) and paragraph S4.1(l) of the standard:
1992-1995 MY Mazda 929, delivered from 1991 to 2007
1990-2002 MY Mazda 626, delivered from 1989 to 2007
1994-1995 MY Mazda MX-3, delivered from 1993 to 2007
1994-2007 MY Mazda MX-5, delivered from 1993 to 2007
1988-1997 MY Mazda MX-6, delivered from 1987 to 2007
1993-1995 MY Mazda RX-7, delivered from 1992 to 2007
1999-2003 MY Mazda Protege, delivered from 1998 to 2007
2001-2008 MY Mazda Tribute, delivered from 2000 to 2007
2004-2007 MY Mazda Mazda6, delivered from 2003 to 2007
2006-2007 MY Mazda 5, delivered from 2005 to 2007
2007 MY Mazda CX-9, delivered from 2006 to 2007
2007 MY Mazda B-Series Truck, delivered from 2006 to 2007
And finally, all remaining replacement seat belt assemblies
produced for use in the United States and its territories did not
include the instructions for the proper use and maintenance of the
replacement seat belt assemblies. This fails to comply with S4.1(l) of
the standard.
MAZDA makes the argument that the MAZDA parts ordering system used
by Mazda dealers clearly identifies the correct service seat belt
components for any given model/model year seat position combination.
The parts are unique to each belt and are designed to assemble properly
only in their intended application. When ordering Mazda replacement
seat belt parts, the dealer must refer to the Mazda parts catalog to
identify the ordering part number with the information on the specific
vehicle model type, location and model year. Each replacement seat belt
assembly is packaged individually with a specific part number label to
ensure shipping the correct parts. Then, the dealer routinely checks to
confirm that the part received matches the one ordered. Given the
ordering system and process, the dealers could select, order, and
obtain the correct parts. Also, installation instructions for seat
belts are readily available in the Mazda workshop manuals and on the
Internet. Therefore, the seat belt parts can be successfully installed
with the information already available even though installation
instructions did not accompany the replacement seat belt assemblies.
MAZDA further argues that since the instruction for proper use and
maintenance is described in the owner's manual which is installed in
the vehicle, incorrect usage and maintenance by the vehicle owner is
highly unlikely.
MAZDA is not aware of any customer or field reports of service seat
belt assemblies being incorrectly installed in the subject applications
as a result of installation instructions not accompanying the service
part.
MAZDA also stated that it is not aware of any reports requesting
installation instructions, which it believed to be related to the
noncompliances.
Upon discovery of the subject noncompliance, MAZDA took action to
ensure that all replacement seat belt assemblies shipped in the future
are packaged with the required installation instructions. MAZDA has
also corrected all the replacement seat belt assemblies in the
inventory for shipment to dealers.
In summation, MAZDA states that it has corrected the problem that
caused these errors so that they will not be repeated in future
production and that it believes that because the noncompliances are
inconsequential to motor vehicle safety that no corrective action is
warranted.
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: until September 29, 2007, by logging onto the
DOT Docket Management System Web site at http://dms.dot.gov; after
September 28, 2007, by logging onto the Federal Docket Management
System Web site at http://www.regulations.gov/. Follow the online
instructions for submitting comments. Comments may also be faxed to 1-
202-493-2251.
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: November 5, 2007.
Authority: 49 U.S.C. 30118, 30120: Delegations of authority at
CFR 1.50 and 501.8.
Issued on: September 27, 2007.
Harry Thompson,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. E7-19604 Filed 10-3-07; 8:45 am]
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