[Federal Register Volume 73, Number 205 (Wednesday, October 22, 2008)]
[Notices]
[Pages 63051-63053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25133]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0088; Notice 2]


Ford Motor Company, Grant of Petition for Decision of 
Inconsequential Noncompliance

    Ford Motor Company (Ford), on behalf of Jaguar and Land Rover, has 
determined that an unknown number of seat belt replacement assemblies 
for model year 1981 through 2008 Jaguar and Land Rover make passenger 
cars and multi-purpose vehicles 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. The assemblies were sold through 
January 24, 2008. Ford 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) and the rule 
implementing those provisions at 49 CFR Part 556, Ford 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. Notice of receipt of the 
petition was published, with a 30-day public comment period, on May 14, 
2008 in the Federal Register (73 FR 27889). No comments were received. 
To view the petition and all supporting documents log onto the Federal 
Docket Management System (FDMS) Web site at: http://www.regulations.gov/. Then follow the online search instructions to 
locate docket number ``NHTSA-2008-0088.''
    For further information on this decision, contact Ms. Claudia 
Covell, Office of Vehicle Safety Compliance, the National Highway 
Traffic Safety Administration (NHTSA), telephone (202) 366-5293, 
facsimile (202) 366-7002.
    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

[[Page 63052]]

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.

Ford's Data, Views, and Arguments

    Ford explains that service seat belt assemblies were sold for use 
in the following vehicles in the United States and federalized 
territories without the installation, usage, and maintenance 
instructions required by paragraphs in S4.1(k) and S4.1(1) of FMVSS No. 
209.
    The model years that are affected are:

2001-2008 Model Year Jaguar X-Type.
1999-2008 Model Year Jaguar S-Type.
1982-2008 Model Year Jaguar XJ.
1997-2008 Model year Jaguar XK.
1981-1996 Model Year Jaguar XJS.
2002-2005 Model Year Land Rover Freelander.
2008 Model Year Land Rover LR2.
1993-1997 Model Year Land Rover Defender.
1994-1999 Model Year Land Rover Discovery Series I.
1999-2004 Model Year Land Rover Discovery Series II.
2005-2008 Model Year Land Rover LR3.
1987-2008 Model Year Land Rover Range Rover.
2006-2008 Model Year Land Rover Range Rover Sport.

    Ford makes the argument that the service seat belt assemblies in 
question are only made available to Jaguar and Land Rover authorized 
dealerships for their use or subsequent resale and that the Jaguar and 
Land Rover parts ordering process used by its dealers clearly 
identifies the correct service part required by model year, model, and 
seating position. By way of example, Ford further explains that an 
order for a driver's-side front buckle assembly for a 2002 model year 
Range Rover would be filled by the components specifically designed to 
be installed in that particular position in that specific vehicle. 
Furthermore, Ford states that Jaguar's and Land Rover's service seat 
belt assemblies are designed to be installed properly only in their 
intended application.
    Ford additionally states that technicians at Jaguar and Land Rover 
dealerships that replace seat belts have access to the installation 
instruction information available in workshop manuals. Installers other 
than Jaguar and Land Rover dealership technicians also have seat belt 
installation information available because most workshop manual 
information, including seat belt replacement information, is made 
available to the general public on the Jaguar and Land Rover Global 
Technical Reference (GTR) Web sites (http://www.jaguartechinfo.com and 
http://www.landrovertechinfo.com).
    Ford additionally argues that a significant portion of paragraph 
S4.1(k) appears to address a concern with proper installation of 
aftermarket seat belts into vehicles that were not originally equipped 
with these restraints. Ford also notes that SAE J800c which is cited in 
the regulation involves installation of ``universal type seat belt 
assemblies,'' particularly where no seat belt had previously been 
installed, and that these concerns do not apply to the service seat 
belts. The vehicles involved in this petition have uniquely designed 
seat belt components and replacement seat belt assemblies are installed 
into the identical location from which the original parts were removed.
    Ford also states that proper seat belt usage instructions are 
clearly explained in the Owner Handbook that is included with each new 
vehicle. Information concerning maintenance, periodic inspection for 
wear and function of the seat belts, as well as for their proper usage 
is included in the Owner Handbook and this information equally applies 
to replacement seat belt assemblies. Many Jaguar and Land Rover Owner 
Handbooks are also available to the public, free of charge on the 
Jaguar and Land Rover GTR Web sites.
    Ford 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. Ford also is not aware of any reports requesting installation 
instructions.
    Ford also informed NHTSA that it has corrected the problem that 
caused these errors so that they will not be repeated in future 
production.
    In summation, Ford 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.

NHTSA Decision

    To help ensure proper selection, installation, usage, and 
maintenance of seat belt assemblies, paragraph S4.1(k) of FMVSS No. 209 
requires that installation, usage, and maintenance instructions be 
provided with seat belt assemblies, other than those installed by an 
automobile manufacturer.
    First, we note that the subject seat belt assemblies are only made 
available to Jaguar and Land Rover authorized dealerships for their use 
or subsequent resale. Because the parts ordering process used by Ford 
authorized dealerships clearly identifies the correct service part 
required by model year, model, and seating position, NHTSA believes 
that there is little likelihood that an inappropriate seat belt 
assembly will be provided for a specific seating position within a Ford 
vehicle.
    Second, we note that technicians at Jaguar and Land Rover 
dealerships have access to the seat belt assembly installation 
instruction information in workshop manuals. In addition, installers 
other than Jaguar and Land Rover dealership technicians can access the 
installation instructions on the Jaguar and Land Rover GTR Web sites 
and through other aftermarket service information compilers. We also 
believe that Ford is correct in stating that the seat belt assemblies 
are designed to be installed properly only in their intended 
application. Thus, we conclude that sufficient safeguards are in place 
to prevent the installation of an improper seat belt assembly.
    NHTSA recognizes the importance of having installation instructions 
available to installers and use and maintenance instructions available 
to consumers. The risk created by this noncompliance is that someone 
who purchased an assembly is unable to obtain the necessary 
installation information resulting in an incorrectly installed seat 
belt assembly. However, because the seat belt assemblies are designed 
to be installed properly only in their intended application and the 
installation information is widely available to the public, it appears 
that there is little likelihood that installers will not be able to 
access the installation instructions. Furthermore, we note that Ford 
has stated that they are not aware of any customer field reports of 
service seat belt assemblies being incorrectly

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installed in the subject applications, nor aware of any reports 
requesting installation instructions. These findings suggest that it is 
unlikely that seat belts have been improperly installed.
    In addition, although 49 CFR 571.209 paragraph S4.1(k) requires 
certain instructions specified in SAE Recommended Practice J800c be 
included in seat belt replacement instructions, that requirement 
applies to seat belts intended to be installed in seating positions 
where seat belts do not already exist. The subject seat belt assemblies 
are only intended to be used for replacement of original equipment seat 
belts, therefore the instructions do not apply to the subject seat belt 
assemblies.\1\
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    \1\ Subaru of America, Inc.; Grant of Application for Decision 
of Inconsequential Non-Compliance (65 FR 67472).
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    With respect to seat belt usage and inspection instructions, we 
note that this information is available in the Owner Handbooks that are 
included with each new vehicle as well as free of charge on the Jaguar 
and Land Rover GTR Web sites and apply to the replacement seat belt 
assemblies installed in these vehicles. Thus, with respect to usage and 
maintenance instructions, it appears that Ford has met the intent of 
S4.1(l) of FMVSS No. 209 for the subject vehicles using alternate 
methods for notification.
    NHTSA has granted similar petitions for noncompliance with seat 
belt assembly installation and usage instruction standards. Refer to 
Subaru of America, Inc. (65 FR 67471, November 9, 2000); Bombardier 
Motor Corporation of America, Inc. (65 FR 60238, October 10, 2000); 
TRW, Inc. (58 FR 7171, February 4, 1993); and Chrysler Corporation, (57 
FR 45865, October 5, 1992). In all of these cases, the petitioners 
demonstrated that the noncompliant seat belt assemblies were properly 
installed, and due to their respective replacement parts ordering 
systems, improper replacement seat belt assembly selection and 
installation would not be likely to occur.
    In consideration of the foregoing, NHTSA has decided that Ford has 
met its burden of persuasion that the seatbelt installation and usage 
instruction noncompliances described are inconsequential to motor 
vehicle safety. Accordingly, Ford's application is granted, and it is 
exempted from providing the notification of noncompliance that is 
required by 49 U.S.C. 30118, and from remedying the noncompliance, as 
required by 49 U.S.C. 30120. All products manufactured or sold on and 
after January 24, 2008, must comply fully with the requirements of 
FMVSS No. 209.

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

    Issued on: October 16, 2008.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. E8-25133 Filed 10-21-08; 8:45 am]
BILLING CODE 4910-59-P