[Federal Register Volume 72, Number 158 (Thursday, August 16, 2007)]
[Notices]
[Pages 46126-46127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16127]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2007-28733; Notice 1]


Bentley Motors, Inc., Receipt of Petition for Decision of 
Inconsequential Noncompliance

    Bentley Motors, Inc. (Bentley) has determined that certain motor 
vehicles that it produced between July 2006 and March 2, 2007 do not 
comply with paragraphs S4.5.1(b)(3) and S4.5.1(e)(3) of 49 CFR 571.208, 
Federal Motor Vehicle Safety Standard (FMVSS) No. 208, Occupant Crash 
Protection. Bentley 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), Bentley 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 Bentley'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 a total of approximately 244 model year 2007 Bentley 
Arnage and Azure model passenger cars produced between July 2006 and 
March 2, 2007. Paragraph S4.5.1(b)(3)of FMVSS No. 208 requires:

    (3) Vehicles certified to meet the requirements specified in 
S19, S21, or S23 on or after September 1, 2003 shall have a label 
permanently affixed to either side of the sun visor, at the 
manufacturer's option, at each front outboard seating position that 
is equipped with an inflatable restraint. The label shall conform in 
content to the label shown in Figure 11 of this standard and shall 
comply with the requirements of S4.5.1(b)(3)(i) through 
S4.5.1(b)(3)(iv).
    (i) The heading area shall be yellow with the word ``WARNING'' 
and the alert symbol in black.
    (ii) The message area shall be white with black text. The 
message area shall be no less than 30 cm2 (4.7 in \2\).
    (iii) The pictogram shall be black on a white background. The 
pictogram shall be no less than 30 mm (1.2 in) in length.
    (iv) If the vehicle does not have a back seat, the label shown 
in the figure may be modified by omitting the statement: ``The BACK 
SEAT is the SAFEST place for CHILDREN.''
    (v) If the vehicle does not have a back seat or the back seat is 
too small to accommodate a rear-facing child restraint consistent 
with S4.5.4.1, the label shown in the figure may be modified by 
omitting the statement: ``Never put a rear-facing child seat in the 
front.''

    Paragraph S4.5.1(e)(3) of FMVSS No. 208 requires:

    (3) Vehicles certified to meet the requirements specified in 
S19, S21, and S23 on or after December 1, 2003, that are equipped 
with an inflatable restraint for the passenger position shall have a 
label attached to a location on the dashboard or the steering wheel 
hub that is clearly visible from all front seating positions. The 
label need not be permanently affixed to the vehicle. This label 
shall conform in content to the label shown in Figure 12 of this 
standard and shall comply with the requirements of S4.5.1(e)(3)(i) 
through S4.5.1(e)(3)(iv).
    (i) The heading area shall be yellow with black text.
    (ii) The message area shall be white with black text. The 
message area shall be no less than 30 cm \2\ (4.7 in \2\).
    (iii) If the vehicle does not have a back seat, the label shown 
in Figure 12 may be modified by omitting the statement: ``The back 
seat is the safest place for children.''
    (iv) If the vehicle does not have a back seat or the back seat 
is too small to accommodate a rear-facing child restraint consistent 
with S4.5.4.1, the label shown in Figure 12 may be modified by 
omitting the statement: ``Never put a rear-facing child seat in the 
front.''

    Bentley states that it has corrected the problem that caused these 
errors so that they will not be repeated in future production. Bentley 
also states that it believes the noncompliance is inconsequential to 
motor vehicle safety and that no corrective action is warranted.
    Bentley explains that instead of the ``advanced air bag'' warning 
labels required pursuant to the paragraphs S4.5.1(b)(3) and 
S4.5.1(e)(3) of FMVSS No. 208 the affected vehicles were equipped with 
the ``pre-advanced'' air bag warning labels conforming to paragraph 
S4.5.l(b)(l) and S4.5.1(e)(1).
    Bentley argues that because the ``pre-advanced'' sun visor labels 
used on the vehicles carry essentially the equivalent or even more 
emphatic warnings to

[[Page 46127]]

those required in the regulation and because the owner's manual 
information correctly describes the advanced air bag system, there is 
no safety risk or cause for consumer confusion arising from the 
installed labeling.
    Bentley additionally states that the vehicles otherwise comply with 
all advanced air bag requirements, that the owner manuals contain the 
correct information required for advanced airbags, and that it has no 
record of customers contacting the company with inquiries, complaints, 
or comments with regard to air bag warning labels.
    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 am to 5 pm except Federal holidays.
    c. Electronically by logging onto the Docket Management System Web 
site at http://dms.dot.gov. Click on ``Help'' to obtain instructions 
for filing the document electronically. Comments may be faxed to 1-202-
493-2251, or may be submitted to the Federal eRulemaking Portal: go to 
http://www.regulations.gov. Follow the online instructions for 
submitting comments.
    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: September 17, 2007.

    Authority: 49 U.S.C. 30118, 30120: delegations of authority at 
CFR 1.50 and 501.8.

    Issued on: August 10, 2007.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
 [FR Doc. E7-16127 Filed 8-15-07; 8:45 am]
BILLING CODE 4910-59-P