[Federal Register Volume 72, Number 192 (Thursday, October 4, 2007)]
[Notices]
[Pages 56826-56827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19604]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2007-28735; Notice 1]


Mazda North American Operations, Receipt of Petition for Decision 
of Inconsequential Noncompliance

    Mazda North American Operations (Mazda) has determined that certain 
motor vehicle replacement equipment that it delivered prior to June 25, 
2007 did not comply with paragraphs S4.1(k) and S4.1(l) of 49 CFR 
571.209, Federal Motor Vehicle Safety Standard (FMVSS) No. 209, Seat 
Belt Assemblies. MAZDA 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), MAZDA 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 MAZDA'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 an unspecified quantity of seat belt replacement 
assemblies delivered prior to June 25, 2007. Paragraphs S4.1(k) and 
S4.1(l) of FMVSS No. 209 require:

    (k) Installation instructions. A seat belt assembly, other than 
a seat belt assembly installed in a motor vehicle by an automobile 
manufacturer, shall be accompanied by an instruction sheet providing 
sufficient information for installing the assembly in a motor 
vehicle. The installation 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 Installations,'' November 1973. If the assembly is for use 
only in specifically stated motor vehicles, the assembly shall 
either be permanently and legibly marked or labeled with the 
following statement, or the instruction sheet shall include the 
following statement:
    This seat belt assembly is for use only in [insert specific 
seating position(s), e.g., ``front right''] in [insert specific 
vehicle make(s) and model(s)].
    (l) Usage and maintenance instructions. 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. Instructions for a 
nonlocking retractor shall include a caution that the webbing must 
be fully extended from the retractor during use of the seat belt 
assembly unless the retractor is attached to the free end of webbing 
which is not subjected to any tension during restraint of an 
occupant by the assembly. Instructions for Type 2a shoulder belt 
shall include a warning that the shoulder belt is not to be used 
without a lap belt.

    MAZDA explains that three possible situations apply to the subject 
seat belt replacement assemblies.
    In the first instance, the seat belt assembly instruction sheets 
included with the replacement assemblies appropriate for Mazda B-series 
pickup trucks and Mazda Navajo multipurpose passenger vehicles only 
identified the assemblies as applicable to the Ford Ranger pickup 
trucks or Ford Explorer multipurpose passenger vehicles, respectively. 
Although other information provided was accurate for the Mazda 
vehicles, the incorrect vehicle reference fails to comply with S4.1(k) 
of the standard.
    Second, replacement seat belt assemblies produced for use in the

[[Page 56827]]

following vehicles did not include either the installation instructions 
or the instructions for the proper use and maintenance of the 
replacement seat belt assemblies. This fails to comply with both 
paragraph S4.1(k) and paragraph S4.1(l) of the standard:

1992-1995 MY Mazda 929, delivered from 1991 to 2007
1990-2002 MY Mazda 626, delivered from 1989 to 2007
1994-1995 MY Mazda MX-3, delivered from 1993 to 2007
1994-2007 MY Mazda MX-5, delivered from 1993 to 2007
1988-1997 MY Mazda MX-6, delivered from 1987 to 2007
1993-1995 MY Mazda RX-7, delivered from 1992 to 2007
1999-2003 MY Mazda Protege, delivered from 1998 to 2007
2001-2008 MY Mazda Tribute, delivered from 2000 to 2007
2004-2007 MY Mazda Mazda6, delivered from 2003 to 2007
2006-2007 MY Mazda 5, delivered from 2005 to 2007
2007 MY Mazda CX-9, delivered from 2006 to 2007
2007 MY Mazda B-Series Truck, delivered from 2006 to 2007

    And finally, all remaining replacement seat belt assemblies 
produced for use in the United States and its territories did not 
include the instructions for the proper use and maintenance of the 
replacement seat belt assemblies. This fails to comply with S4.1(l) of 
the standard.
    MAZDA makes the argument that the MAZDA parts ordering system used 
by Mazda dealers clearly identifies the correct service seat belt 
components for any given model/model year seat position combination. 
The parts are unique to each belt and are designed to assemble properly 
only in their intended application. When ordering Mazda replacement 
seat belt parts, the dealer must refer to the Mazda 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 to 
ensure shipping the correct parts. Then, the dealer routinely checks to 
confirm that the part received matches the one ordered. Given the 
ordering system and process, the dealers could select, order, and 
obtain the correct parts. Also, installation instructions for seat 
belts are readily available in the Mazda workshop manuals and on the 
Internet. Therefore, the seat belt parts can be successfully installed 
with the information already available even though installation 
instructions did not accompany the replacement seat belt assemblies.
    MAZDA further argues that since the instruction for proper use and 
maintenance is described in the owner's manual which is installed in 
the vehicle, incorrect usage and maintenance by the vehicle owner is 
highly unlikely.
    MAZDA is not aware of any customer or field reports of service seat 
belt assemblies being incorrectly installed in the subject applications 
as a result of installation instructions not accompanying the service 
part.
    MAZDA also stated that it is not aware of any reports requesting 
installation instructions, which it believed to be related to the 
noncompliances.
    Upon discovery of the subject noncompliance, MAZDA took action to 
ensure that all replacement seat belt assemblies shipped in the future 
are packaged with the required installation instructions. MAZDA has 
also corrected all the replacement seat belt assemblies in the 
inventory for shipment to dealers.
    In summation, MAZDA states that it has corrected the problem that 
caused these errors so that they will not be repeated in future 
production and that it believes that because the noncompliances are 
inconsequential to motor vehicle safety that no corrective action is 
warranted.
    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: until September 29, 2007, by logging onto the 
DOT Docket Management System Web site at http://dms.dot.gov; after 
September 28, 2007, by logging onto the Federal Docket Management 
System Web site at http://www.regulations.gov/. Follow the online 
instructions for submitting comments. Comments may also be faxed to 1-
202-493-2251.
    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: November 5, 2007.

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

    Issued on: September 27, 2007.
Harry Thompson,
Acting Director, Office of Vehicle Safety Compliance.
 [FR Doc. E7-19604 Filed 10-3-07; 8:45 am]
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