[Federal Register Volume 59, Number 43 (Friday, March 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4916]
[[Page Unknown]]
[Federal Register: March 4, 1994]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. 93-29; Notice 2]
Am-Safe, Inc.; Grant of Petition for Determination of
Inconsequential Noncompliance
Am-Safe, Inc. (Am-Safe) of Phoenix, Arizona, determined that some
of its replacement seat belt assemblies fail to comply with 49 CFR
571.209, Federal Motor Vehicle Safety Standard (FMVSS) No. 209, ``Seat
Belt Assemblies,'' and filed an appropriate report pursuant to 49 CFR
part 573, ``Defect and Noncompliance Reports.'' Am-Safe also petitioned
to be exempted from the notification and remedy requirements of the
National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.)
on the basis that the noncompliance is inconsequential as it relates to
motor vehicle safety.
Notice of receipt of the petition was published on April 29, 1993,
and an opportunity afforded for comment (58 FR 26032). This notice
grants that petition.
Between January 1985 and the date it filed its petition, Am-Safe
produced and distributed approximately 100,000 replacement seat belts
which did not include the installation and maintenance instructions
required by Standard No. 209.
Paragraph S4.1(k) of Standard No. 209, requires that:
A seat belt assembly or retractor shall be accompanied by an
instruction sheet providing sufficient information for installing
the assembly in a motor vehicle except for a seat belt assembly
installed in a motor vehicle by an automobile manufacturer. The
installation instructions shall state whether the assembly is for
universal installation or for installation only in specifically
stated motor vehicles * * * .
In addition, section S.4.1(1) requires that:
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.
Am-Safe supported its petition for inconsequential noncompliance
with the following:
No Evidence of Incorrectly Installed Seat Belts
[Am-Safe believes] the simplistic mounting design of these seat
belts make [sic] it improbable that any incorrect installations
exist. Am-Safe, Inc. is unaware of any suggestions or allegations,
in regards to motor vehicle safety, concerning seat belts that were
incorrectly installed.
[Am-Safe Sophisticated Part Numbering System
Seat belts are identified by a nine or ten digit part number. A
typical seat belt part number is 502293-401-6. The 502293 defines
the basic belt configuration such as a retractable or nonretractable
lap belt. The -401 specifies the dimensions of [the] web and
component cover lengths. The -6 is the color code when applicable.
Permanently affixed labels have pertinent information to ensure the
proper seat belt is ordered for replacement. This label includes the
part number, manufacturing date, and name and phone number of the
manufacturer. This accurate numbering system can be confidently used
for proper seat belt replacement.
Simple Installation Procedures
The seat belts in question are attached to the vehicle anchorage
holes with existing mounting hardware. These assemblies require only
one bolt for attachment of the buckle half and one bolt for the
attachment of the connector half. The accomplish the installation of
a replacement seat belt, the existing seat belt must first be
removed from the vehicle. These steps are then reversed for proper
installation of the replacement seat belt. The majority of these
replacements are performed by individuals acquainted with seat belt
installation, i.e.; seat manufacturers, transit but operators, and
associated companies [which] perform seat belt installation on a
regular basis. In addition, the design and construction
characteristics of these seat belts reflect universal practices of
operation and maintenance procedures.
Conclusion
There is no evidence that any of the subject seat belts are
incorrectly installed. These seat belts have been installed and are
currently in service without incident making a recall impractical.
The complex part numbering system used by Am-Safe, Inc. leaves
little chance for error when ordering a replacement seat belt. In
the majority of cases, installation was performed by companies with
experienced [personnel] familiar with correct procedures. [In
i]nstances where seat belts are knowingly distributed to the general
public, Am-Safe, Inc. has always supplied appropriate instructions.
[As a] result of this noncompliance, Am-Safe, Inc. now includes
these instructions with all seat belts unless otherwise instructed
by the vehicle manufactures. In conclusion, Am-Safe, Inc. believes
that lack of instructions for seat belts that are currently in
service is inconsequential as it relates to motor vehicle safety.
No comments were received on the petition.
With respect to the failure to provide installation instructions,
the petitioner has argued that its parts ordering and shipping
procedures ensure that the correct replacement parts are received by
the dealer. Installation of the belts is a simple procedure, requiring
only one bolt for the attachment of the buckle half and one bolt for
the attachment of the connector half. These restraints are typically
installed by persons who perform replacements on a regular basis. After
reviewing these arguments, NHTSA concurs with them.
With respect to the failure to provide usage and maintenance
instructions, the petitioner has argued that this information has
always been provided with belts distributed to the general public. As
for the belts covered by the petition, Am-Safe has concluded that since
they are currently in service, lack of instructions for maintenance and
use at this point is inconsequential as it relates to safety. With
respect to this argument, NHTSA believes it more likely than not that
instructions accompanying packaged belts will be discarded once the
belts are installed. In addition, similar petitions from vehicle
manufacturers have stated that maintenance and use instructions for
belts are included in the operator's manuals of the vehicles in which
the replacement belts have been installed. Given the fact that all seat
belts must conform to Standard No. 209, NHTSA believes that there is
such a sufficient similarity between belts of all manufacturers,
whether used as original or replacement equipment, that the maintenance
and use instructions in any specific vehicle operator's manual will be
of general applicability.
For the foregoing reasons, the petitioner has met its burden of
persuasion that the noncompliances herein described are inconsequential
as they relate to motor vehicle safety, and its petition is granted.
(15 U.S.C. 1417; delegations of authority at 49 CFR 1.50 and 49 CFR
501.8)
Issued on: February 28, 1994.
Barry Felrice,
Associated Administrator for Rulemaking.
[FR Doc. 94-4916 Filed 3-3-94; 8:45 am]
BILLING CODE 4910-59-M