
[Federal Register: June 23, 2010 (Volume 75, Number 120)]
[Notices]               
[Page 35877-35878]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23jn10-150]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2010-0064; Notice 1]

 
Bentley Motors Inc., Receipt of Petition for Decision of 
Inconsequential Noncompliance

    Bentley Motors Inc. (BMI),\1\ has determined that unknown number of 
replacement seat belts that it imported do not include the installation 
and usage instructions required by paragraphs S4.1(k) and S4.1(l) of 
Federal Motor Vehicle Safety Standard (FMVSS) No. 209, Seat Belt 
Assemblies. BMI filed an appropriate report pursuant to 49 CFR Part 
573, ``Defect and Noncompliance Responsibility and Reports'' on 
December 18, 2009.
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    \1\ Bentley Motors Inc. is a Delaware Corporation that imports 
motor vehicles and replacement equipment.
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    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 
at 49 CFR part 556), BMI 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 BMI'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.
    BMI explained that approximately 300 nonconforming seat belt 
assemblies, produced during the 12 months prior to December 18, 2009, 
and an additional unknown number produced prior to that by its 
manufacturer, Bentley Motors, Ltd, which is based in the United 
Kingdom, were imported by BMI and sold to its authorized dealers in the 
United States for replacement purposes.
    Paragraphs S4.1(k) and S4.1(l) of FMVSS No. 209 requires:

    (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 [o]f 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.

    BMI described the noncompliance as the failure to provide both 
installation and use instructions with the seat belt assemblies as 
required in FMVSS No. 209 S4.1(k) and S4.1(l).
    BMI noted that the noncompliant seat belts can be identified by 
part number for specific vehicle applications and are labeled by model 
number, name of manufacturer, and date of production in accordance with 
paragraph S4.1(j) of FMVSS No. 209.
    BMI provided the basis of why they believe this noncompliance is

[[Page 35878]]

inconsequential to motor vehicle safety. In essence, the BMI stated 
that:

     Seat belts currently sold by BMI to its dealers are 
only for installation as replacement [seat] belts in specific 
seating positions in Bentley vehicles and are identified by part 
number in the parts catalogue for use in specific vehicle models and 
seat positions. This method of identification and the physical 
differences between belt retractors and attachment hardware as well 
as the vehicle installation environment preclude the mis-
installation of seat belt assemblies.
     Seat belt assembly installation instructions are 
included in Bentley Service Manuals available to all Bentley 
Independent repair shops and individual owners can also purchase the 
Service Manual or seek dealer assistance and obtain copies of the 
instructions, if necessary. In most cases, reference to the 
installation instructions will not be necessary because the seat 
belt installation will be to replace an existing belt and the 
installation procedure will just be the reverse of the removal 
procedure.
     Seat belt use instructions regarding proper seat belt 
positioning on the body and proper maintenance and periodic 
inspection for damage are, and have been included, in all Bentley 
owners' manuals.
     BMI has developed installation and use instructions for 
replacement seat belt assemblies. This material is being placed into 
the packages of seat belts currently in BMI's service parts 
warehouses. The required material will also be included with all 
seat belt assemblies shipped to BMI for resale to dealers in the 
future.
     BMI is not aware of owner complaints or field incident 
reports relating to the lack of installation and use instructions 
with replacement seat belt assemblies.

    In view of the above, BMI believes that the described noncompliance 
is inconsequential and does not present a risk to motor vehicle safety. 
Thus, BMI requests that its petition, to exempt it from providing 
recall notification of noncompliance as required by 49 U.S.C. 30118 and 
remedying the recall 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.
    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.
    Documents submitted to a docket may be viewed by anyone at the 
address and times given above. The documents may also be viewed on the 
Internet at http:// www.regulations.gov by following the online 
instructions for accessing the dockets. DOT's complete Privacy Act 
Statement is available for review in the Federal Register published on 
April 11, 2000 (65 FR 19477-78).
    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: July 23, 2010.

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

    Issued on: June 16, 2010.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2010-15112 Filed 6-22-10; 8:45 am]
BILLING CODE 4910-59-P

