Federal Register/Vol. 73, No. 205/Wednesday, October 22, 2008
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Federal Register / Vol. 73, No. 205 / Wednesday, October 22, 2008 / Notices 63051 affixed to the driver’s side B-pillar. In that because the noncompliance is DEPARTMENT OF TRANSPORTATION each vehicle without a driver’s side B- inconsequential to motor vehicle safety pillar and with two doors on the driver’s that no corrective action is warranted. National Highway Traffic Safety side of the vehicle opening in opposite Administration NHTSA Decision directions, the placard shall be affixed [Docket No. NHTSA–2008–0088; Notice 2] on the forward edge of the rear side By way of background, the door. If the above locations do not Transportation Recall, Enhancement, Ford Motor Company, Grant of Petition permit the affixing of a placard that is Accountability, and Documentation for Decision of Inconsequential legible, visible and prominent, the (TREAD) Act (Pub. L. 106–414) Noncompliance placard shall be permanently affixed to required, among other things, that the the rear edge of the driver’s side door.’’ agency initiate rulemaking to improve Ford Motor Company (Ford), on Chrysler further explained that the consumer awareness of tire inflation behalf of Jaguar and Land Rover, has subject vehicles have placards that pressure and load limit information. In determined that an unknown number of contain all of the tire and vehicle 2001, as part of a proposed update to seat belt replacement assemblies for loading information required by the FMVSS No. 110, NHTSA proposed in a model year 1981 through 2008 Jaguar various subsections of S4.3. However, Notice of Proposed Rulemaking (NPRM) and Land Rover make passenger cars because of an inadvertent failure of the that ‘‘A standard location for tire and multi-purpose vehicles did not assembly plant work instructions to information placards would contribute comply with paragraphs S4.1(k) and differentiate between RHD and left hand to consumer awareness of recommended S4.1(l) of 49 CFR 571.209, Federal drive (LHD) vehicles in this respect, the tire inflation pressure and load limits by Motor Vehicle Safety Standard (FMVSS) placards were inadvertently affixed to providing a consistent and predictable No. 209, Seat Belt Assemblies. The the rear edge of the door on the left place for this information.’’ 1 In the assemblies were sold through January (passenger) side of the subject vehicles, subsequent final rule, the location 24, 2008. Ford has filed an appropriate as opposed to the driver’s side door. required for the consistent and report pursuant to 49 CFR Part 573, (Chrysler notes that the subject vehicles predictable location of the labeling Defect and Noncompliance do not have a B-pillar with a flat surface information is one of three locations Responsibility and Reports. that would permit the affixing of a allowed on the driver’s-side of the Pursuant to 49 U.S.C. 30118(d) and placard that is ‘‘legible, visible, and vehicle. 30120(h) and the rule implementing prominent.’’) NHTSA agrees with Chrysler that this those provisions at 49 CFR Part 556, Chrysler states its belief that the fact noncompliance will not have an adverse Ford has petitioned for an exemption that the placard required by paragraph effect on vehicle safety. In the agency’s from the notification and remedy S4.3 of the standard was affixed to the judgment, most consumers in the requirements of 49 U.S.C. Chapter 301 left hand door of these RHD vehicles— United States are accustomed to left- on the basis that this noncompliance is as opposed to the driver’s side door— hand drive (LHD) vehicles, with tire inconsequential to motor vehicle safety. creates absolutely no risk to motor inflation pressure and load limit Notice of receipt of the petition was vehicle safety. All of the relevant tire information labeling located on the left- published, with a 30-day public and loading information is set forth on hand side of the vehicle. Not locating comment period, on May 14, 2008 in the the placard, and therefore it is readily the labeling on the driver’s-side (right- Federal Register (73 FR 27889). No available to vehicle operators. Moreover, hand side) for the subject RHD vehicles comments were received. To view the the placard is located at the place where will not appreciably interfere with petition and all supporting documents United States drivers are used to looking customer awareness of recommended log onto the Federal Docket for it. tire inflation pressures and load limits. Management System (FDMS) Web site Chrysler also states its belief that the The agency agrees with Chrysler’s at: http://www.regulations.gov/. Then operators of the subject vehicles will statement that it is extremely unlikely follow the online search instructions to have almost certainly owned and driven an owner will have difficulty locating locate docket number ‘‘NHTSA–2008– conventional LHD vehicles, so they will the placard in this case. 0088.’’ have had experience in locating the tire In consideration of the foregoing, For further information on this and load information on the left side of NHTSA has decided that Chrysler has decision, contact Ms. Claudia Covell, their vehicles. And in the extremely met its burden of persuasion that the Office of Vehicle Safety Compliance, the unlikely event that an owner has subject FMVSS No. 110 labeling National Highway Traffic Safety difficulty locating the placard, the noncompliance is inconsequential to Administration (NHTSA), telephone owner’s manual provided with the motor vehicle safety. Accordingly, (202) 366–5293, facsimile (202) 366– subject vehicles shows the location of Chrysler’s petition is granted and the 7002. the placard on the left side door. petitioner is exempted from the Paragraphs S4.1(k) and S4.1(l) of Chrysler also makes reference to obligation of providing notification of, FMVSS No. 209 require: several previous inconsequential and a remedy for, the subject (k) Installation instructions. A seat belt noncompliance grant decisions, noncompliance under 49 U.S.C. 30118 assembly, other than a seat belt assembly involving the omission of rim data on and 30120. installed in a motor vehicle by an automobile tire labels, which in its opinion, are manufacturer, shall be accompanied by an Authority: 49 U.S.C. 30118, 30120; similar to the instant one. instruction sheet providing sufficient delegations of authority at 49 CFR 1.50 and information for installing the assembly in a Chrysler also notes that it has not 501.8. received any consumer complaints motor vehicle. The installation instructions regarding an inability to locate the Issued on: October 16, 2008. shall state whether the assembly is for placard or an unawareness of the Daniel C. Smith, universal installation or for installation only Associate Administrator for Enforcement. in specifically stated motor vehicles, and relevant tire and loading information. shall include at least those items specified in In addition, Chrysler states that it has [FR Doc. E8–25138 Filed 10–21–08; 8:45 am] SAE Recommended Practice J800c, ‘‘Motor corrected the problem that caused these BILLING CODE 4910–59–P Vehicle Seat Belt Installations,’’ November errors so that they will not be repeated 1973. If the assembly is for use only in in future production and that it believes 1 See 66 FR 6555, December 19, 2001. specifically stated motor vehicles, the VerDate Aug<31>2005 17:50 Oct 21, 2008 Jkt 217001 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 sroberts on PROD1PC70 with NOTICES 63052 Federal Register / Vol. 73, No. 205 / Wednesday, October 22, 2008 / Notices assembly shall either be permanently and particular position in that specific In summation, Ford states that it has legibly marked or labeled with the following vehicle. Furthermore, Ford states that corrected the problem that caused these statement, or the instruction sheet shall Jaguar’s and Land Rover’s service seat errors so that they will not be repeated include the following statement: belt assemblies are designed to be in future production and that it believes This seat belt assembly is for use only in [insert specific seating position(s), e.g., ‘‘front installed properly only in their intended that because the noncompliances are right’’] in [insert specific vehicle make(s) and application. inconsequential to motor vehicle safety model(s)]. Ford additionally states that that no corrective action is warranted. (l) Usage and maintenance instructions. A technicians at Jaguar and Land Rover NHTSA Decision seat belt assembly or retractor shall be dealerships that replace seat belts have accompanied by written instructions for the access to the installation instruction To help ensure proper selection, proper use of the assembly, stressing information available in workshop installation, usage, and maintenance of particularly the importance of wearing the manuals. Installers other than Jaguar seat belt assemblies, paragraph S4.1(k) assembly snugly and properly located on the of FMVSS No. 209 requires that body, and on the maintenance of the and Land Rover dealership technicians also have seat belt installation installation, usage, and maintenance assembly and periodic inspection of all instructions be provided with seat belt components. The instructions shall show the information available because most proper manner of threading webbing in the workshop manual information, assemblies, other than those installed by hardware of seat belt assemblies in which the including seat belt replacement an automobile manufacturer. First, we note that the subject seat belt webbing is not permanently fastened. information, is made available to the assemblies are only made available to Instructions for a nonlocking retractor shall general public on the Jaguar and Land include a caution that the webbing must be Jaguar and Land Rover authorized Rover Global Technical Reference (GTR) fully extended from the retractor during use dealerships for their use or subsequent Web sites (http:// of the seat belt assembly unless the retractor resale.