

[Federal Register: December 18, 2007 (Volume 72, Number 242)]
[Notices]               
[Page 71734-71735]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18de07-93]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2007-28733; Notice 2]

 
Bentley Motors, Inc., Grant 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. Notice 
of receipt of a petition was published, with a 30-day public comment 
period on August 16, 2007 in the Federal Register (72 FR 46126). The 
National Highway Traffic Safety Administration (NHTSA) received no 
comments. To view the petition and all supporting documents: Go to 
http://www.regulations.gov and enter the legacy docket no. NHTSA-2007-

28733.
    For further information on this decision, contact Mr. Charles Case, 
Office of Vehicle Safety Compliance, NHTSA, telephone (202) 366-5319 or 
facsimile (202) 366-5930.
    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 cm\2\ (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.''

    In Bentley's description of the noncompliance, it 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 stated 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 argues that because the ``pre-advanced'' sun visor labels 
used on the vehicles carry essentially the equivalent or even more 
emphatic warnings to 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

[[Page 71735]]

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.

NHTSA Decision

    The following explains our rationale.
    NHTSA agrees with Bentley that the noncompliance is inconsequential 
to motor vehicle safety. The noncompliant labels lack a statement that 
the vehicle is equipped with advanced airbags. However, both the 
passenger air bag telltale lamp and the owner's manual indicate the 
presence of advanced airbags.
    The noncompliant sun visor label contains all of the specific 
warnings required on the compliant label: Death or serious injury can 
occur; the back seat is the safest place for children; never put a 
rear-facing child seat in the front; and always use seat belts and 
child restraints. The noncompliant label also warns occupants to sit as 
far back as possible from the air bag. The noncompliant label lacks the 
recommendation to see the owner's manual for more information about air 
bags. Because the noncompliant permanent sun visor label contains 
virtually the same information as required by S4.5.1(b)(3), the absence 
of this reference to the owner's manual and the lack of a reference to 
``advanced air bags'' do not constitute a consequential safety issue.
    The noncompliant removable dash label contains similar information 
to that required by S4.5.1(e)(3): Children can be killed or seriously 
injured by the air bag; the back seat is the safest place for children; 
always use seat belts or child restraints. However, the noncompliant 
dash label does not contain the statement, ``Never put a rear-facing 
child seat in the front'', or the recommendation to see the owner's 
manual for more information about air bags. This label is a removable 
label that most likely will not stay on the vehicle once it is 
purchased. The statement, ``Never put a rear-facing child seat in the 
front'' is present on the permanent sun visor label and visible to the 
vehicle user. As discussed above with regard to the sun visor label, 
the lack of the references to advanced air bags and the owner's manual 
are not consequential in light of the presence of the critical warning 
on the dash label. Therefore, NHTSA agrees with Bentley's assessment 
that this noncompliance will not result in any consequential safety 
risk.
    In consideration of the foregoing, NHTSA has decided that Bentley 
has met its burden of persuasion that the labeling noncompliance 
described is inconsequential to motor vehicle safety. Accordingly, 
Bentley's petition is granted and the petitioner is exempted from the 
obligation of providing notification of, and a remedy for, the 
noncompliance.

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

    Issued on: December 12, 2007.
Daniel C. Smith,
Associate Administrator for Enforcement.
 [FR Doc. E7-24443 Filed 12-17-07; 8:45 am]

BILLING CODE 4910-59-P
