

[Federal Register: October 4, 2007 (Volume 72, Number 192)]
[Notices]               
[Page 56825-56826]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04oc07-122]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2007-28769; Notice 1]

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

    Ford Motor Company (Ford) has determined that certain motor vehicle 
replacement equipment that it sold prior to May 17, 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. 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), 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.
    This notice of receipt of FORD'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 approximately 180,603 seat belt replacement assemblies 
for 2000-2004 model year Ford Focus passenger cars and 191,352 service 
seat belt assemblies for 2001-2004 model year Ford Escape multipurpose 
passenger vehicles. The assemblies for the Focus passenger cars were 
sold from July 1999 through May 17, 2007, and the assemblies for the 
Escape multipurpose passenger vehicles were sold from June 2000 through 
April 18, 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.

    Ford explains that the subject seat belt assemblies were sold in 
the United States and federalized territories without the installation, 
usage, and maintenance instructions required by paragraphs in S4.1(k) 
and S4.1(l) of FMVSS 209.
    Ford makes the argument that the service seat belt assemblies in 
question are only made available to Ford authorized dealerships for 
their use or subsequent resale and that the Ford parts ordering process 
used by Ford 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 Focus would be filled by the components 
specifically designed to be installed in that particular position in 
that specific vehicle. This is because Ford's service seat belt 
assemblies are designed to be installed properly only in their intended 
application.
    Ford additionally states that technicians at Ford dealerships that 
replace seat belts have access to the installation instruction 
information available in workshop manuals. Installers other than Ford 
dealership technicians also have seat belt installation information 
available because all workshop manual information, including seat belt 
replacement information, is made available to the general public on the 
Ford Motorcraft Web site and through aftermarket service information 
compilers such as Mitchell and Alldata.
    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

[[Page 56826]]

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 the instant 
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 laid out in the Owner Guide that is included with each new 
vehicle. There are no requirements for scheduled maintenance on the 
seat belt assemblies in the subject vehicles. Information concerning 
periodic inspection for wear and function of the seat belts, as well as 
for their proper usage is included in the vehicle Owner Guide and this 
information applies as equally to service seat belt assemblies as it 
does to the original equipment belts. All Ford Owner Guides, including 
those for the 2000-2004 Focus and 2001-2004 Escape, are also available 
to the public, free of charge on the Ford Motorcraft Web site.
    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, which it believes to be indicative of the availability of 
this information from the sources listed above.
    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.
    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 a.m. to 5 p.m. 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. E7-19606 Filed 10-3-07; 8:45 am]

BILLING CODE 4910-59-P
