[Federal Register Volume 72, Number 192 (Thursday, October 4, 2007)]
[Notices]
[Pages 56825-56826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19606]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2007-28769; Notice 1]
Ford Motor Company, Receipt of Petition for Decision of
Inconsequential Noncompliance
Ford Motor Company (Ford) has determined that certain motor vehicle
replacement equipment that it sold prior to May 17, 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. 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), 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 approximately 180,603 seat belt replacement assemblies
for 2000-2004 model year Ford Focus passenger cars and 191,352 service
seat belt assemblies for 2001-2004 model year Ford Escape multipurpose
passenger vehicles. 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. 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(l) of FMVSS 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
[[Page 56826]]
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 2000-2004 Focus and 2001-2004 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.
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 a.m. to 5 p.m. 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. E7-19606 Filed 10-3-07; 8:45 am]
BILLING CODE 4910-59-P