[Federal Register Volume 65, Number 218 (Thursday, November 9, 2000)]
[Notices]
[Pages 67471-67472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28835]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2000-6947, Notice 2]


Subaru of America, Inc.; Grant of Application for Decision of 
Inconsequential Non-Compliance

    This notice grants the application by Subaru of America, Inc. 
(Subaru) to be exempted from the notification and remedy requirements 
of 49 U.S.C. 30118 and 30120 with respect to a noncompliance with 
Federal Motor Vehicle Safety Standard (FMVSS) No. 209, ``Seat Belt 
Assemblies.'' Subaru has filed an appropriate report pursuant to 49 CFR 
Part 573, ``Defect and Noncompliance Reports.'' Pursuant to 49 CFR Part 
556, Subaru has also applied to be exempted from the notification and 
remedy requirements of 49 U.S.C. Chapter 301, ``Motor Vehicle Safety.'' 
The basis of the grant is that the noncompliance is inconsequential to 
motor vehicle safety.
    Notice of receipt of the application was published March 9, 2000, 
and an opportunity afforded for comment (65 FR 12615). The closing date 
was April 10, 2000. No comments were received.

Description of Noncompliance

    Replacement seat belt assemblies were packaged without instruction 
sheets required by FMVSS No. 209 S4.1(k) and (l). All of the seat belt 
assemblies involved meet all other requirements of FMVSS No. 209.
    Approximately 522 sets of replacement seat belt assemblies 
manufactured and sold were involved.

Subaru Submitted the Following in Support of Its Application

    In accordance with FMVSS No. 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.
    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.
    In accordance with FMVSS No. 209, S4.1(l) requires instructions 
addressing the importance of warning seat belts ``snugly and 
properly located on the body'' and information about seat belt 
maintenance. Subaru believes that since the owner's manual already 
provides proper usage and maintenance information to the vehicle 
owner and operator, incorrect usage and maintenance by the vehicle 
owner is highly unlikely.
    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 has 
not resulted in owner complaints as a result of this inconsequential 
noncompliance.
    Subaru believes that, based upon the information described 
above, this is an inconsequential noncompliance.

    NHTSA has reviewed Subaru's application and, for the reasons

[[Page 67472]]

discussed below, has decided that the noncompliance of the Subaru seat 
belt assemblies is inconsequential to motor vehicle safety.
    First, we note that seat belt assemblies were distributed through 
the Subaru parts system, without the required ``installation 
instructions.'' FMVSS No. 209, S4.1(k), requires that seat belt 
assemblies sold as replacement equipment have ``installation 
instructions'' to ensure that the correct seat belt is selected as a 
replacement part, and that the seat belt is installed correctly. Subaru 
assures us that its parts ordering system and the box labels are quite 
specific and adequate to ensure that the proper seat belt is provided 
as a replacement part. We also believe that Subaru is correct in 
stating that the parts are so specific that if a mechanic tried to 
install the wrong part, the seat belt would not fit properly. Thus, we 
conclude that adequate safeguards are being taken by Subaru to ensure 
that the correct replacement seat belts are provided.
    There seems to be little need for the installation instructions 
with replacements for original equipment seat belts. The SAE J800c 
Recommended Practice incorporated in FMVSS No. 209 appears to have been 
written as a guide on how to install a seat belt where one does not 
exist. The Recommended Practice discusses such things as how to 
determine the correct location for anchorages, how to create adequate 
anchorages and how to properly attach webbing to the newly installed 
anchorages. These instructions do not apply to today's replacement 
market. Additionally, vehicle manufacturers provide service manuals on 
how seat belts should be replaced. NHTSA does not believe the ``how 
to'' instructions are necessary in this case.
    Next, we note that the subject seat belt assemblies were 
distributed without the required ``usage and maintenance instructions'' 
specified in FMVSS No. 209, S4.1(l), which requires that seat belt 
assemblies sold as replacement equipment have owner instructions on how 
to wear the seat belt and how to properly thread the webbing on seat 
belts where the webbing is not permanently attached. NHTSA believes 
that the proper usage is adequately described in the vehicle owner's 
manual. NHTSA does not believe that instructions about the proper 
threading of webbing is applicable to modern original equipment 
automobile seat belt systems. This second instruction sheet is either 
duplicated in the owner's manual or not applicable.
    In consideration of the foregoing, NHTSA has decided that the 
applicant has met its burden of persuasion that the noncompliance that 
it describes is inconsequential to safety. The determination is limited 
to the vehicles and equipment covered by the Part 573 report. All 
products manufactured on and after the date Subaru determined the 
existence of this noncompliance must fully comply with the requirements 
of FMVSS No. 209.
    Accordingly, Subaru's application is granted, and the applicant is 
exempted from providing the notification of the noncompliance that is 
required by 49 U.S.C. 30118 and from remedying the noncompliance, as 
required by 49 U.S.C. 30120.

    Authority: 49 U.S.C. 30118(b), 30120(h), delegations of 
authority at 49 CFR 150 and 501.8.

    Issued on: November 6, 2000.
Stephen R. Kratzke,
Associate Administrator for Safety Performance Standards.
[FR Doc. 00-28835 Filed 11-8-00; 8:45 am]
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