[Federal Register Volume 65, Number 47 (Thursday, March 9, 2000)]
[Notices]
[Pages 12615-12616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5833]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2000-6947 Notice 1]


Subaru of America, Inc.; Receipt of Application for Determination 
of Inconsequential Non-Compliance

    Subaru of America, Inc. (Subaru) of Cherry Hill, New Jersey, 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 
Federal Motor Vehicle Safety Standard (FMVSS) No. 209, ``Seat Belt 
Assemblies,'' on the basis that the noncompliance is inconsequential to 
motor vehicle safety. Subaru has filed a report of noncompliance 
pursuant to 49 CFR Part 573 ``Defects and Noncompliance Report.''
    This notice of receipt of the application is published under 49 
U.S.C. 30118 and 30120 and does not

[[Page 12616]]

represent any agency decision or other exercise of judgement concerning 
the merits of the application.

Description of Noncompliance

    Replacement seat belt assemblies had been packaged by Subaru 
without instruction sheets required under 49 CFR 571.209, S4.1(k) and 
(1). All of the seat belt assemblies involved meets all other 
requirements of FMVSS No. 209.
    Approximately 522 sets of replacement seat belt assemblies 
manufactured and sold were involved.

Supporting Information as Submitted by Subaru

    Supporting Data, Views and Arguments:

    In accordance with FMVSS 209, S4.1 (k) replacement seat belt 
assemblies must be accompanied by installation instructions for 
installing the assembly in a motor vehicle. These 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 Installation, November 
1973.''
    As Subaru understands SAE Recommended Practice J800c, it deals 
primarily with the threading of webbing and location and drilling of 
anchorage holes and is not relevant here since all affected Subaru 
vehicles have pre-existing anchorage holes. All of the affected 
replacement seat belt assemblies are supplied ready for use with 
fully threaded webbing. Subaru believes that S4.1 (k) is intended to 
prevent the mismatch of a seat belt assembly in the wrong model 
vehicle or the wrong seating position and prevent improper 
installation of a seat belt at the correct position.
    Subaru replacement seat belts are offered as exclusive parts, 
unique to each model, vehicle configuration and seating position. 
Those parts have specific part numbers identified in Subaru parts 
catalogs with illustrations. The item numbers attached to each 
illustration enable the ordering dealer to specify the replacement 
seat belt assembly he is ordering by referring to the corresponding 
page which shows the applicable part number, specific vehicle model 
type, location, applicable model year, etc. When ordering Subaru 
replacement parts, the dealer must refer to the Subaru 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 clearly attached on the package to ensure 
shipping the correct parts. Also, the dealer routinely checks to see 
that the part he received matches the one he ordered.
    There are a variety of significant physical differences among 
Subaru seat belt assemblies, which include various mounting 
configuration and location differences; differences in buckle latch 
plate configuration and retractor locking device; webbing length and 
housing configuration differences, and differences in motorized seat 
belt guide track shapes.
    Given these variances in physical properties, it is not possible 
that a mechanic would install a replacement seat belt assembly in 
the wrong model vehicle or the wrong seating position.
    Subaru believes that the ordering and shipping procedures for 
Subaru replacement seat belts make it highly unlikely that the wrong 
seat belt assembly will be delivered to a dealer and, should the 
wrong seat belt be delivered, the above mentioned physical 
differences make it virtually impossible to install the seat belt in 
the wrong model vehicle or at an incorrect seating position.
    Subaru dealers install replacement seat belt assemblies in 
accordance with the instructions in Subaru service manuals provided 
to every Subaru dealer and are widely available to the public and 
independent repair facilities. Therefore, improper installation of 
replacement seat belt assemblies is highly unlikely.
    In most cases of installation of a replacement seat belt, the 
installer will first remove the seat belt that needs to be replaced 
from the vehicle. After removal of the old seat belt, the installer 
will then reverse the steps of removal to properly locate and 
install the replacement belt. There is no need to specify 
instructions for threading the webbing or finding locations for and 
drilling anchorage holes because replacement seat belt assemblies 
are furnished ready for installation in the vehicle preexisting 
anchorage holes with a few simple steps.
    FMVSS 209, S4.1 (1) requires instruction addressing the 
importance of wearing seat belt ``snugly and properly located on the 
body'' and information about seat belt maintenance (The requirements 
of S4.1 (1) pertaining to threading and unlocking retractors do not 
apply to Subaru's seat belt designs). Since Subaru's owner's manual 
already provides proper usage and maintenance information to the 
vehicle owner and operator, incorrect usage and maintenance by the 
vehicle owner and operator is highly unlikely.
    Upon discovery of the subject noncompliance, Subaru has taken 
action to ensure that all replacement seat belt assemblies shipped 
in the future are packaged with the required installation 
instructions.
    Subaru has corrected all the replacement seat belt assembly 
inventory for shipment to dealers and will provide additional 
instruction documents to dealers with inventory subject to the 
noncompliance.
    Replacement seat belt assemblies sold at retail to customers 
have not resulted in owner complaints as a result of this 
inconsequential noncompliance.

    Interested persons are invited to submit written data, views and 
arguments on the petition of Subaru, described above. Comments should 
refer to the Docket Number and be submitted to: Docket Management, 
National Highway Traffic Safety Administration, Room PL 401, 400 7th 
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, a Notice will be published in the 
Federal Register pursuant to the authority indicated below.
    Comment closing date: April 10, 2000.

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

    Issued on: March 6, 2000.
Stephen R. Kratzke,
Acting Associate Administrator for Safety Performance Standards.
[FR Doc. 00-5833 Filed 3-9-00; 8:45 am]
BILLING CODE 4910-59-P