[Federal Register Volume 82, Number 234 (Thursday, December 7, 2017)]
[Notices]
[Pages 57814-57816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26425]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2017-0073; Notice 1]


FCA US LLC, Receipt of Petition for Decision of Inconsequential 
Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Receipt of petition.

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SUMMARY: FCA US LLC (FCA US), (f/k/a Chrysler Group LLC) has determined 
that certain Mopar Service seat belt assemblies sold to FCA dealers as 
replacement equipment in certain model year (MY) 1992-2018 FCA US motor 
vehicles do not fully comply with Federal Motor Vehicle Safety Standard 
(FMVSS) No. 209, Seat Belt Assemblies. FCA US filed a noncompliance 
report dated July 25, 2017. FCA US also petitioned NHTSA on August 17, 
2017, for a decision that the subject noncompliance is inconsequential 
as it relates to motor vehicle safety.

DATES: The closing date for comments on the petition is January 8, 
2018.

ADDRESSES: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket and notice number cited in the title of this notice and 
submitted by any of the following methods:
     Mail: Send comments 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.
     Hand Delivery: Deliver comments by hand 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 a.m. to 5 p.m. except 
Federal Holidays.
     Electronically: Submit comments electronically by logging 
onto the Federal Docket Management System (FDMS) Web site at https://www.regulations.gov/. Follow the online instructions for submitting 
comments.
     Comments may also be faxed to (202) 493-2251.
    Comments must be written in the English language, and be no greater 
than 15 pages in length, although there is no limit to the length of 
necessary attachments to the comments. If comments are submitted in 
hard copy form, please ensure that two copies are provided. If you wish 
to receive confirmation that comments you have submitted by mail were 
received, please enclose a stamped, self-addressed postcard with the 
comments. Note that all comments received will be posted without change 
to https://www.regulations.gov, including any personal information 
provided.
    All comments and supporting materials received before the close of 
business on the closing date indicated above will be filed in the 
docket and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will 
also be published in the Federal Register pursuant to the authority 
indicated at the end of this notice.
    All comments, background documentation, and supporting materials 
submitted to the docket may be viewed by anyone at the address and 
times given above. The documents may also be viewed on the Internet at 
https://www.regulations.gov by following the online instructions for 
accessing the dockets. The docket ID number for this petition is shown 
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a 
Federal Register notice published on April 11, 2000, (65 FR 19477-78).

SUPPLEMENTARY INFORMATION: 

[[Page 57815]]

    I. Overview: FCA US LLC (FCA US), (f/k/a Chrysler Group LLC) has 
determined that certain Mopar Service seat belt assemblies sold to FCA 
dealers as replacement equipment in certain model year (MY) 1992-2018 
FCA US motor vehicles do not fully comply with paragraphs S4.1(k) and 
S4.1(l) of Federal Motor Vehicle Safety Standard (FMVSS) No. 209, Seat 
Belt Assemblies. FCA US filed a noncompliance report dated July 25, 
2017, pursuant to 49 CFR part 573, Defect and Noncompliance 
Responsibility and Reports. FCA US also petitioned NHTSA on August 17, 
2017, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, 
for an exemption from the notification and remedy requirements of 49 
U.S.C. Chapter 301 on the basis that this noncompliance is 
inconsequential as it relates to motor vehicle safety.
    This notice of receipt of FCA US 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.
    II. Equipment and Vehicles Involved: Approximately 728,100 Mopar 
Service seat belt assemblies sold to FCA dealers as replacement 
equipment for use in the following FCA motor vehicles are potentially 
involved:

 2010-2017 Ram 3500 Cab Chassis (``DD'')
 2016-2017 Ram 3500 Cab Chassis (``DF'')
 2010-2017 Ram 2500 (``DJ'')
 2010-2017 Ram 4500/5500 Cab Chassis (``DP'')
 2009-2017 Ram 1500 (``DS'')
 2010-2017 Ram 3500 (``D2'')
 2012-2017 Fiat 500 (``FF'')
 2009-2017 Dodge Journey (``JC'')
 2007-2017 Jeep Wrangler (``JK'')
 2014-2017 Jeep Cherokee (``KL'')
 2015-2017 Dodge Challenger (``LA'')
 2012-2017 Chrysler 300 (``LX'')
 2012-2017 Dodge Charger (``LD'')
 2008-2017 Jeep Compass (``MK'')
 2008-2017 Jeep Patriot (``MK'')
 2012-2017 Dodge Dart (``PF'')
 2015-2017 Chrysler 200 (``UF'')
 2008-2017 Chrysler Town & Country (``RT'')
 2008-2017 Dodge Grand Caravan (``RT'')
 2017 Chrysler Pacifica (``RU'')
 2011-2017 Dodge Durango (``WD'')
 2011-2017 Jeep Grand Cherokee (``WK'')
 2013-2017 Dodge SRT Viper (``ZD'')
 2002-2008 Dodge Ram 1500 (``DR'')
 2004-2010 Dodge Durango (``HB'')
 2007-2010 Chrysler Aspen (``HG'')
 2005-2012 Dodge Dakota (``ND'')
 1994-2002 Dodge Ram 1500 (``BR'')
 1993-2004 Dodge Intrepid (``LH'')
 1993-2004 Chrysler Concorde (``LH'')
 1993-2004 Chrysler 300M (``LH'')
 1995-2005 Dodge Neon (``PL'')
 2006-2012 Dodge Caliber (``PM'')
 1997-2000 Plymouth Prowler (``PR'')
 2001-2002 Chrysler Prowler (``PR'')
 2001-2010 Chrysler PT Cruiser (``PT'')
 1992-2002 Dodge Viper (``SR'')
 2003-2010 Dodge Viper (``ZB'')
 1993-1998 Jeep Grand Cherokee (``ZJ'')
 2014-2018 Ram ProMaster (``VF'')
 2015-2018 Ram ProMaster City (``VM'')
 2015-2018 Jeep Renegade (``BU'')
 2015-2017 Fiat 500x (``FB'')
 2014-2017 Fiat 500L (``BF'')
 2016-2017 Alfa Romeo Giulia (``GA'')
 2015-2017 Alfa Romeo 4C (``4C'')
 2017 Fiat 124 Spider (``BA'')

    III. Noncompliance: FCA US explains that the noncompliance is that 
the Mopar Service Seat Belt assemblies sold to FCA US dealerships for 
use or for subsequent resale to dealership customers for the subject 
vehicles, were sold without the proper inclusion of the ``I-Sheets'' 
(i.e., ``Installation instructions'' and ``Usage and maintenance 
instructions''), and therefore, do not meet all applicable requirements 
specified in paragraphs S4.1(k) and 4.1(l) of FMVSS No. 209.
    IV. Rule Text: Paragraph S4.1(k) and S4.1(l) of FMVSS No. 209 
states, in pertinent part:

    S4 Requirements.
    S4.1 . . .
    (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 (1973) 
(incorporated by reference, see Sec.  571.5). 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.

    V. Summary of FCA US's Petition: As background, FCA US stated that 
the packaging for the Mopar Service Seat Belts should have been 
accompanied by the I-Sheets, but there was insufficient information to 
confirm that the I-Sheets, in fact, accompanied the affected products 
that were sent to FCA US dealers.
    FCA US described the subject noncompliance and stated its belief 
that the noncompliance is inconsequential as it relates to motor 
vehicle safety.
    In support of its petition, FCA US submitted the following 
reasoning:
    FCA US understands that S4.1 concerns, among other things, the 
threading of webbing and location and drilling of anchorage holes. 
Moreover, S4.l(k) is specifically aimed at preventing the mismatch of a 
seat belt assembly in the wrong model vehicle or the wrong seating 
position and preventing improper installation of a seat belt at the 
correct position. These provisions were once correctly aimed at 
addressing the concern of aftermarket, universal seatbelt assemblies 
being added into vehicles that were not originally equipped with 
seatbelt assemblies. It has been many decades since vehicles without 
seatbelt assemblies have been sold in the United States.
    As NHTSA has noted many times, the end-user's reliance on packaging 
literature for proper part selection, part installation and seatbelt 
use is now highly unlikely. This is particularly true for the subject 
seat belt assemblies, for the following reasons:
     Mopar Service Seat Belt assemblies are only sold in FCA US 
authorized dealerships and used for service within the dealership and 
for sale to dealer customers. These assemblies are not sold to 
aftermarket auto parts distributors or retail outlets.
     The Mopar Service Seat Belt assemblies are clearly 
identified in the FCA US part system for very specific make, model and 
model year vehicles and specific seating positions through 
DealerCONNECT, the web-based parts ordering system used between FCA US 
and its dealers. In order to purchase these parts, the buyer would need 
to supply either the part assembly number or make, model and model year 
and seating position of vehicle. In either case, only the proper 
assembly will be sold to the end user.
     The proper installation of all Mopar Service Seat Belt 
assemblies are clearly described in FCA US service manuals, which are 
also available on-line through DealerCONNECT and sold to the public 
through Mopar and FCA US brand Web sites. Installation of the seatbelt

[[Page 57816]]

assembly is a complex process in the modern motor vehicle, unlike the 
vehicles in the past that the S4.1 provisions were intended to address.
     All Mopar Service Seat Belt assemblies are properly 
labeled with the correct service part number so that the correct parts 
are shipped to FCA US dealerships for use on specific make, model and 
model year vehicles and specific seating positions.
     The owner's manual for the FCA US vehicles at issue have 
always provided instruction about proper usage and maintenance 
information for seatbelts to the vehicle owner and operator. Therefore, 
incorrect usage and maintenance by the vehicle owner is highly 
unlikely. The seatbelt usage requirement language S4.1(l) is far 
exceeded in any of the vehicle owner's manuals implicated by the 
recall.
     In over 25 years and hundreds of thousands of parts sales, 
FCA US is not aware of a single field incident or consumer complaint 
arising from the absence of an I-Sheet during the sale of any Mopar 
Service Seat Belt assemblies.
    There have been many instances of similar documentation omissions 
where the agency has granted inconsequential treatment. NHTSA has 
granted similar petitions for noncompliance with seat belt assembly 
installation and usage instruction standards. See Mitsubishi Motors 
North America, Inc. (77 FR 24762, April 25, 2012); Bentley Motors, Inc. 
(75 FR 35877, September 20, 2011); Hyundai Motor Company (73 FR 49238, 
March 2, 2009); Ford Motor Company (73 FR 11462, March 3, 2008); Mazda 
North America Operations (73 FR 11464, March 3, 2008); Ford Motor 
Company (73 FR 63051, October 22, 2008); and TRW, Inc. (58 FR 7171, 
February 4, 1993).
    The most notable grant of inconsequential treatment, and one which 
is substantially similar to equipment recall T49 (NHTSA 17E-039), is 
Subaru of America, Inc. (65 FR 67471, November 9, 2000), where the 
agency made the following succinct observations:

    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.

    FCS US understands that while FMVSS No. 209 S4.1(k) and S4.1(l) may 
be somewhat antiquated, it is nevertheless required to fully comply 
with this safety standard. In this regard FCA US has made process 
changes to ensure that hard copies of the I-Sheets will be included 
with all Mopar Service Seat Belt assemblies shipped to its dealers. 
Moreover, FCA US has implemented changes in its part ordering process 
to ensure that all I-Sheets for Mopar Service Seat Belt assemblies 
affected by recall T49 (NHTSA 17E-039) have been uploaded to on-line 
resources (StarPartsTM and DealerCONNECT) and directly 
linked to the specific Mopar Service Seat Belt part numbers. Going 
forward, this hard copy and on-line mating of the service parts and 
S4.1(k) and S4.1(l) instructions will ensure that the documentation 
requirement of FMVSS No. 209 will be met.
    FCA US concluded by expressing the belief that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety, 
and that its petition to be exempted from providing notification of the 
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the 
noncompliance, as required by 49 U.S.C. 30120, should be granted.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 
30120(h)) that permit manufacturers to file petitions for a 
determination of inconsequentiality allow NHTSA to exempt manufacturers 
only from the duties found in sections 30118 and 30120, respectively, 
to notify owners, purchasers, and dealers of a defect or noncompliance 
and to remedy the defect or noncompliance. Therefore, any decision on 
this petition only applies to the subject vehicles that FCA US no 
longer controlled at the time it determined that the noncompliance 
existed. However, any decision on this petition does not relieve 
vehicle distributors and dealers of the prohibitions on the sale, offer 
for sale, or introduction or delivery for introduction into interstate 
commerce of the noncompliant vehicles under their control after FCA US 
notified them that the subject noncompliance existed.

    Authority:  49 U.S.C. 30118, 30120: delegations of authority at 
49 CFR 1.95 and 501.8.

Jeffrey M. Giuseppe,
Associate Administrator for Enforcement.
[FR Doc. 2017-26425 Filed 12-6-17; 8:45 am]
 BILLING CODE 4910-59-P