
[Federal Register: May 14, 2008 (Volume 73, Number 94)]
[Notices]               
[Page 27889-27890]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14my08-133]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0088; Notice 1]

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

    Ford Motor Company (Ford), on behalf of Jaguar and Land Rover, has 
determined that certain motor vehicles seat belt assemblies sold during 
the period 1981 through 2008 for certain model year 1981 through 2008 
Jaguar and Land Rover make vehicles, did not fully comply with 
paragraphs S4.1(k) and S4.1(l) of 49 CFR 571.209 Federal Motor Vehicle 
Safety Standards (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) (see implementing rule 
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.
    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 an undetermined number of model year 1981 through 2008 
Jaguar and Land Rover make passenger cars and multi-purpose vehicles. 
Ford stated that because these seat belt assemblies are supplied as 
replacement parts they can be used for non-warranty purposes, and 
therefore it is unable to ascertain into which individual vehicles 
these parts may have been installed. 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

    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(1) of FMVSS 209.
    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.

[[Page 27890]]

    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 vehicle 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 believes that because the 
noncompliances are inconsequential to motor vehicle safety that no 
corrective action is warranted.
    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.
    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: By logging onto the Federal Docket Management 
System (FDMS) Web site at http://www.regulations.gov/. Follow the 
online instructions for submitting comments. Comments may also be faxed 
to 1-202-493-2251.
    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 your comments were received, please 
enclose a stamped, self-addressed postcard with the comments. Note that 
all comments received will be posted without change to http://
www.regulations.gov, including any personal information provided.
    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). DOT's complete Privacy 
Act Statement in the Federal Register published on April 11, 2000 (65 
FR 19477-78).
    You may view documents submitted to a docket at the address and 
times given above. You may also view the documents on the Internet at 
http://www.regulations.gov by following the online instructions for 
accessing the dockets available at that Web site.
    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: June 13, 2008.

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

    Issued on: May 8, 2008.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
 [FR Doc. E8-10730 Filed 5-13-08; 8:45 am]

BILLING CODE 4910-59-P
