[Federal Register Volume 64, Number 216 (Tuesday, November 9, 1999)]
[Notices]
[Pages 61178-61179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29269]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA 99-6207, Notice 1]


Bombardier Motor Corporation of America, Inc.; Receipt of 
Application for Determination of Inconsequential Noncompliance

    Bombardier Motor Corporation of America, Inc. (``BMCA'') of 
Melbourne, Florida has applied to be exempted from the notification and 
remedy requirements of 49 U.S.C. Chapter 301 ``Motor Vehicle Safety'' 
for a noncompliance with 49 CFR 571.209, Federal Motor Vehicle Safety 
Standard (FMVSS) No. 209, ``Seat Belt Assemblies,'' on the basis that 
the noncompliance is inconsequential to motor vehicle safety. BMCA has 
filed a report of noncompliance pursuant to 49 CFR part 573 ``Defects 
and Noncompliance Reports.''
    Notice of receipt of the application is published under 49 U.S.C. 
30118 and 30120 and does not represent any agency decision or other 
exercise of judgement concerning the merits of the application.

Description of the Noncompliance

    S4.1(j) of FMVSS No. 209 requires that each seat belt assembly be 
permanently and legibly marked or labeled with the year of manufacture, 
and the model and name or trademark of the manufacturer or distributor. 
The seat belt assemblies, manufactured by Good Success Corporation, 
model AB401 (309), and were installed in the Bombardier NVs sold 
between June 17, 1998 and April 9, 1999, do not contain the requisite 
marking or labeling. With the exception of the marking, the seat belt 
assemblies in question fully comply with all NHTSA safety requirements.

Bombardier Arguments

    Bombardier argues that this noncompliance is inconsequential for 
the following reasons: ``Under the National Traffic and Motor 
Vehicle Safety Act (the ``Act''), 49 U.S.C. 30101 et seq., each 
FMVSS that is promulgated is required to be ``practicable, meet the 
need for motor vehicle, and be stated in objective terms.'' 49 
U.S.C. 30111(a). The definition of ``motor vehicle safety'' is as 
follows:
    ``Motor vehicle safety'' means the performance of a motor 
vehicle or motor vehicle equipment in a way that protects the public 
against unreasonable risk of accidents occurring because of the 
design, construction or performance of a motor vehicle, and against 
unreasonable risk of death or injury in an accident, and includes 
nonoperational safety of a motor vehicle.
    Section 30118(d) of the Act exempts manufacturers from the Act's 
notice and remedy requirements when the Secretary determines that a 
defect or noncompliance is inconsequential as it relates to motor 
vehicle safety. Section 30118(d) of the Act demonstrates Congress' 
acknowledgment that there are cases where a manufacturer has failed 
to comply with a FMVSS and yet the impact on motor vehicle safety is 
so slight that an exemption from the notice and remedy requirements 
of the Act is justified.
    FMVSS No. 209 provides the requirements for seatbelt assemblies. 
49 CFR 571.209 S1 (1998). The purpose for seat belt assemblies is to 
provide occupant restraint. Id at S4.1(b). Although not discussed in 
regulations, common sense dictates that when a seat belt assembly is 
properly installed, the marking or labeling requirements at FMVSS 
No. 209 S4.1(j) play no role in the performance of such seatbelt 
assembly.''
    The seat belt assembly labeling requirement at FMVSS No. 209 
S4.1(j) provides in pertinent part:
    Each seatbelt assembly shall be permanently and legibly marked 
or labeled with year of manufacture, model, and make or trademark of 
manufacturer or distributor, or of importer if manufactured outside 
the United States.
    Because this standard does not address seatbelt assembly 
materials or performance requirements, the purpose of FMVSS No. 209 
S4.1(j) appears to assure that the correct seat belt assemblies are 
installed in a given vehicle--either as original equipment 
manufacturer, or as replacement equipment. BMCA's noncompliance with 
FMVSS No. 209 S4.1(j) thus raises two questions:
    (1) Could the labeling noncompliance have caused the seat belt 
assemblies to have been installed improperly by BMCA?
    (2) Would the labeling noncompliance interfere with the proper 
acquisition and installation of a replacement seat belt assembly?
    BMCA is confident that all noncompliant seat belt assemblies 
were properly installed at its manufacturing facility. Because BMCA 
only manufactures one motor vehicle subject to FMVSS, there can be 
little confusion regarding which belt goes in which vehicle. BMCA is 
also confident that the labeling noncompliance will not interfere 
with acquisition and installation of a replacement seat belt 
assembly should there even be one. The seat belt marking also 
assists should there be a recall regarding the seat belt, and would 
identify the belt by year and manufacturer. As BMCA has been selling 
NV for a short period, the chance of confusion over the year or seat 
belt manufacturer is remote.
    Because of the design of the seat belt assemblies found in 
Bombardier NVs, it

[[Page 61179]]

would be very difficult to inadvertently install any of the seat 
belt assemblies in question in anyplace other than the seat belt 
assemblies' intended location in the Bombardier NV.
    BMCA is unaware of any owner complaints, field reports or 
allegations of hazardous circumstances relating to either the lack 
of the requisite seat belt assembly label, or of the improper 
installation of seat belt assemblies in any of its NVs. Furthermore, 
BMCA has found no instance where a seat belt assembly (regardless of 
labeling compliance) was improperly installed in any Bombardier NV. 
In fact Bombardier is unaware of any complaints from consumers 
regarding the seat belts.
    Seat belt assemblies for the Bombardier NV are not distributed 
through the general automotive aftermarket; they are only sold by 
Bombardier NV dealers. The part number for the Bombardier NV seat 
belt assembly is 00078. This is the only seat belt part number for 
the vehicles in question so there can be no confusion. Because seat 
belt assemblies for the Bombardier NV are presently only available 
through dealers, and that the Bombardier parts numbering system will 
assure proper replacement seat belt assemblies, BMCA is confident 
that the labeling noncompliance will not interfere with the proper 
acquisition and installation of a replacement seat belt assembly.
    NHTSA has granted similar petitions for noncompliance with 
seatbelt assembly labeling standards. See, generally, TRW, Inc., 
Docket. No. 92-67; Notice 2, 58 FR 7171 (1993) Chrysler Corporation, 
Docket. No. 92-94; Notice 2, 57 FR 45,865 (1992). In both of these 
cases the petitioners demonstrated that the noncompliant seat belt 
assemblies were properly installed, and that due to their respective 
replacement parts ordering systems, improper replacement seat belt 
assembly selection and installation would unlikely occur.
    BMCA believes that because the labeling noncompliance has no 
bearing on the materials or performance standards articulated in 
FMVSS No. 209, that [S16] all the seat belt assemblies in question 
were properly installed as original equipment, and that BMCA's 
replacement part system would preclude the purchase and installation 
of an improper replacement seat belt assembly for a Bombardier NV, 
the noncompliance poses no motor vehicle risk.

    Interested persons are invited to submit written data, views and 
arguments on the petition of BMCA, described above. Comments should 
refer to the Docket Number and be submitted to: Docket Management, 
National Highway Traffic Safety Administration, Room PL 401, 400 
Seventh Street, SW., Washington DC 20590. It is requested that two 
copies be submitted.
    All comments received before the close of business on the closing 
date indicated below will be considered. The application and supporting 
materials, and all comments received after the closing date will also 
be filed and will be considered to the extent practicable. When the 
application is granted or denied, the Notice will be published in the 
Federal Register pursuant to the authority indicated below.
    Comment closing date: December 9, 1999.

(49 U.S.C. 30118, 30120; delegations of authority at 49 CFR 1.50 and 
49 CFR 501.8)

    Issued on: November 3, 1999.
Stephen R. Kratzke,
Acting Associate Administrator for Safety Performance Standards.
[FR Doc. 99-29269 Filed 11-8-99; 8:45 am]
BILLING CODE 4910-59-P