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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

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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. Because the parts ordering www.jaguartechinfo.com and http:// is attached to the free end of webbing which process used by Ford authorized www.landrovertechinfo.com). is not subjected to any tension during dealerships clearly identifies the correct restraint of an occupant by the assembly. Ford additionally argues that a Instructions for Type 2a shoulder belt shall service part required by model year, significant portion of paragraph S4.1(k) model, and seating position, NHTSA include a warning that the shoulder belt is appears to address a concern with not to be used without a lap belt. believes that there is little likelihood proper installation of aftermarket seat that an inappropriate seat belt assembly Ford’s Data, Views, and Arguments belts into vehicles that were not will be provided for a specific seating Ford explains that service seat belt originally equipped with these position within a Ford vehicle. assemblies were sold for use in the restraints. Ford also notes that SAE Second, we note that technicians at following vehicles in the United States J800c which is cited in the regulation Jaguar and Land Rover dealerships have and federalized territories without the involves installation of ‘‘universal type access to the seat belt assembly installation, usage, and maintenance seat belt assemblies,’’ particularly where installation instruction information in instructions required by paragraphs in no seat belt had previously been workshop manuals. In addition, S4.1(k) and S4.1(1) of FMVSS No. 209. installed, and that these concerns do not installers other than Jaguar and Land The model years that are affected are: apply to the service seat belts. The Rover dealership technicians can access vehicles involved in this petition have 2001–2008 Model Year Jaguar X–Type. the installation instructions on the uniquely designed seat belt components Jaguar and Land Rover GTR Web sites 1999–2008 Model Year Jaguar S–Type. and replacement seat belt assemblies are 1982–2008 Model Year Jaguar XJ. and through other aftermarket service 1997–2008 Model year Jaguar XK. installed into the identical location from information compilers. We also believe 1981–1996 Model Year Jaguar XJS. which the original parts were removed. that Ford is correct in stating that the 2002–2005 Model Year Land Rover Ford also states that proper seat belt seat belt assemblies are designed to be Freelander. usage instructions are clearly explained installed properly only in their intended 2008 Model Year Land Rover LR2. in the Owner Handbook that is included application. Thus, we conclude that 1993–1997 Model Year Land Rover Defender. with each new vehicle. Information sufficient safeguards are in place to 1994–1999 Model Year Land Rover Discovery concerning maintenance, periodic Series I. prevent the installation of an improper 1999–2004 Model Year Land Rover Discovery inspection for wear and function of the seat belt assembly. Series II. seat belts, as well as for their proper NHTSA recognizes the importance of 2005–2008 Model Year Land Rover LR3. usage is included in the Owner having installation instructions 1987–2008 Model Year Land Rover Range Handbook and this information equally available to installers and use and Rover. applies to replacement seat belt maintenance instructions available to 2006–2008 Model Year Land Rover Range assemblies. Many Jaguar and Land consumers. The risk created by this Rover Sport. Rover Owner Handbooks are also noncompliance is that someone who Ford makes the argument that the available to the public, free of charge on purchased an assembly is unable to service seat belt assemblies in question the Jaguar and Land Rover GTR Web obtain the necessary installation are only made available to Jaguar and sites. information resulting in an incorrectly Land Rover authorized dealerships for Ford is not aware of any customer or installed seat belt assembly. However, their use or subsequent resale and that field reports of service seat belt because the seat belt assemblies are the Jaguar and Land Rover parts assemblies being incorrectly installed in designed to be installed properly only in ordering process used by its dealers the subject applications as a result of their intended application and the clearly identifies the correct service part installation instructions not installation information is widely required by model year, model, and accompanying the service part. Ford available to the public, it appears that seating position. By way of example, also is not aware of any reports there is little likelihood that installers Ford further explains that an order for requesting installation instructions. will not be able to access the installation a driver’s-side front buckle assembly for Ford also informed NHTSA that it has instructions. Furthermore, we note that a 2002 model year Range Rover would corrected the problem that caused these Ford has stated that they are not aware be filled by the components specifically errors so that they will not be repeated of any customer field reports of service designed to be installed in that in future production. seat belt assemblies being incorrectly

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installed in the subject applications, nor January 24, 2008, must comply fully be accompanied by a $1,500 filing fee. aware of any reports requesting with the requirements of FMVSS No. See 49 CFR 1002.2(f)(25).1 installation instructions. These findings 209. All interested persons should be suggest that it is unlikely that seat belts Authority: 49 U.S.C. 30118, 30120; aware that, following abandonment of have been improperly installed. delegations of authority at 49 CFR 1.50 and rail service and salvage of the line, the In addition, although 49 CFR 571.209 501.8. paragraph S4.1(k) requires certain line may be suitable for other public Issued on: October 16, 2008. instructions specified in SAE use, including interim trail use. Any Recommended Practice J800c be Daniel C. Smith, request for a public use condition under included in seat belt replacement Associate Administrator for Enforcement. 49 CFR 1152.28 or for trail use/rail instructions, that requirement applies to [FR Doc. E8–25133 Filed 10–21–08; 8:45 am] banking under 49 CFR 1152.29 will be seat belts intended to be installed in BILLING CODE 4910–59–P due no later than November 12, 2008. seating positions where seat belts do not Each trail use request must be already exist. The subject seat belt accompanied by a $200 filing fee. See 49 assemblies are only intended to be used DEPARTMENT OF TRANSPORTATION CFR 1002.2(f)(27). for replacement of original equipment Surface Transportation Board All filings in response to this notice seat belts, therefore the instructions do must refer to STB Docket No. AB–290 not apply to the subject seat belt [STB Docket No. AB–290 (Sub-No. 305X)] (Sub-No. 305X), and must be sent to: (1) 1 assemblies. Surface Transportation Board, 395 E With respect to seat belt usage and Norfolk Southern Railway Company— Street, SW., Washington, DC 20423– inspection instructions, we note that Abandonment Exemption—in 0001; and (2) John M. Scheib, General this information is available in the Somerset County, PA Attorney, Norfolk Southern Corporation, Owner Handbooks that are included On October 2, 2008, Norfolk Southern Three Commercial Place, Norfolk, VA with each new vehicle as well as free of Railway Company (NSR) filed with the charge on the Jaguar and Land Rover 23510. Replies to NSR’s petition are due Surface Transportation Board a petition on or before November 12, 2008. GTR Web sites and apply to the under 49 U.S.C. 10502 for exemption replacement seat belt assemblies from the provisions of 49 U.S.C. 10903 Persons seeking further information installed in these vehicles. Thus, with to abandon a 1.80-mile line of railroad concerning abandonment procedures respect to usage and maintenance known as the South Fork Industrial may contact the Board’s Office of Public instructions, it appears that Ford has Track, extending between milepost QS Assistance, Governmental Affairs, and met the intent of S4.1(l) of FMVSS No. 14.40 and milepost QS 16.20 in Compliance at (202) 245–0238 or refer 209 for the subject vehicles using Somerset County, PA. The line traverses to the full abandonment or alternate methods for notification. U.S. Postal Service Zip Code 15963 and discontinuance regulations at 49 CFR NHTSA has granted similar petitions includes the stations of Scalp Level, part 1152. Questions concerning for noncompliance with seat belt Shade Creek, and Windber Jct. environmental issues may be directed to assembly installation and usage In addition to an exemption from the the Board’s Section of Environmental instruction standards. Refer to Subaru of prior approval requirements of 49 U.S.C. Analysis (SEA) at (202) 245–0305. America, Inc. (65 FR 67471, November 10903, NSR seeks exemption from 49 Assistance for the hearing impaired is 9, 2000); Bombardier Motor Corporation U.S.C. 10904 [offer of financial of America, Inc. (65 FR 60238, October available through the Federal assistance procedures] and 49 U.S.C. 10, 2000); TRW, Inc. (58 FR 7171, Information Relay Service (FIRS) at 1– 10905 [public use conditions]. In February 4, 1993); and Chrysler 800–877–8339. support, NSR states that, following Corporation, (57 FR 45865, October 5, An environmental assessment (EA) (or abandonment, it proposes to convey the 1992). In all of these cases, the environmental impact statement (EIS), if line intact to Rosebud Mining Company petitioners demonstrated that the necessary) prepared by SEA will be for continued use in its coal mining noncompliant seat belt assemblies were operations as a private track. This served upon all parties of record and properly installed, and due to their request will be addressed in the final upon any agencies or other persons who respective replacement parts ordering decision. commented during its preparation. systems, improper replacement seat belt The line does not contain federally Other interested persons may contact assembly selection and installation granted rights-of-way. Any SEA to obtain a copy of the EA (or EIS). would not be likely to occur. EAs in these abandonment proceedings In consideration of the foregoing, documentation in NSR’s possession will be made available promptly to those normally will be made available within NHTSA has decided that Ford has met 60 days of the filing of the petition. The its burden of persuasion that the seatbelt requesting it. deadline for submission of comments on installation and usage instruction The interest of railroad employees the EA will generally be within 30 days noncompliances described are will be protected by the conditions set inconsequential to motor vehicle safety. forth in Oregon Short Line R. Co.— of its service. Accordingly, Ford’s application is Abandonment—Goshen, 360 I.C.C. 91 Board decisions and notices are granted, and it is exempted from (1979). available on our Web site at http:// providing the notification of By issuing this notice, the Board is www.stb.dot.gov. instituting an exemption proceeding noncompliance that is required by 49 Decided: October 14, 2008. U.S.C. 30118, and from remedying the pursuant to 49 U.S.C. 10502(b). A final noncompliance, as required by 49 decision will be issued by January 16, 2009. U.S.C. 30120. All products 1 Any offer of financial assistance Effective July 18, 2008, the filing fee for an OFA manufactured or sold on and after increased to $1,500. See Regulations Governing (OFA) under 49 CFR 1152.27(b)(2) will Fees for Services Performed in Connection with 1 Subaru of America, Inc.; Grant of Application be due no later than 10 days after Licensing and Related Services—2008 update, STB for Decision of Inconsequential Non-Compliance service of a decision granting the Ex Parte No. 542 (Sub-No. 15) (STB served June 18, (65 FR 67472). petition for exemption. Each OFA must 2008).

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