Volkswagen Group of America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance |
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Topics: Volkswagen Routan
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Claudia Covell
National Highway Traffic Safety Administration
21 March 2018
[Federal Register Volume 83, Number 55 (Wednesday, March 21, 2018)]
[Notices]
[Pages 12458-12460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05689]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2017-0100; Notice 1]
Volkswagen Group of America, Inc., Receipt of Petition for
Decision of Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
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SUMMARY: Volkswagen Group of America, Inc. (Volkswagen), has determined
that certain seat belt assemblies that it sold to its dealers as
replacement equipment for certain model year (MY) 2009-2014 Volkswagen
Routan motor vehicles do not fully comply with Federal Motor Vehicle
Safety Standard (FMVSS) No. 209, Seat Belt Assemblies. Volkswagen filed
a noncompliance report dated November 8, 2017. Volkswagen then
petitioned NHTSA on November 29, 2017, for a decision that the subject
noncompliance is inconsequential as it relates to motor vehicle safety.
DATES: The closing date for comments on the petition is April 20, 2018.
ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited in the title of this notice and
submitted by any of the following methods:
[[Page 12459]]
Mail: Send comments 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.
Hand Delivery: Deliver comments by hand 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.
Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting
comments.
Comments may also be faxed to (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 comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided.
All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the internet at
https://www.regulations.gov by following the online instructions for
accessing the dockets. The docket ID number for this petition is shown
in the heading of this notice.
DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000, (65 FR 19477-78).
SUPPLEMENTARY INFORMATION:
I. Overview: Volkswagen has determined that certain seat belt
assemblies that it sold to its dealers as replacement equipment for
certain MY 2009-2014 Volkswagen Routan motor vehicles do not fully
comply with paragraphs S4.1(k) and S4.1(l) of FMVSS No. 209, Seat Belt
Assemblies (49 CFR 571.209). Volkswagen filed a noncompliance report
dated November 8, 2017, pursuant to 49 CFR part 573, Defect and
Noncompliance Responsibility and Reports. Volkswagen also petitioned
NHTSA on November 29, 2017, pursuant to 49 U.S.C. 30118(d) and 30120(h)
and 49 CFR part 556, for an exemption from the notification and remedy
requirements of 49 U.S.C. Chapter 301 on the basis that this
noncompliance is inconsequential as it relates to motor vehicle safety.
This notice of receipt of Volkswagen 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.
II. Equipment Involved: Approximately 1,900 replacement seat belt
assemblies manufactured between June 25, 2008, and October 25, 2013 for
installation in certain MY 2009-2014 Volkswagen Routan motor vehicles.
III. Noncompliance: Volkswagen explains that the noncompliance
involves seat belt assemblies sourced to Volkswagen by FCA US LLC for
use or for subsequent resale to dealership customers for use in the
subject vehicles. Specifically, these seat belt assemblies were sold
without the proper inclusion of the ``I-Sheets'' (i.e., ``Installation
instructions'' and ``Usage and maintenance instructions''), and
therefore, do not meet all applicable requirements specified in
paragraphs S4.1(k) and 4.1(l) of FMVSS No. 209.
IV. Rule Requirements: Paragraph S4.1(k) and S4.1(l) of FMVSS No.
209 includes the requirements relevant to this petition:
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 (1973) (incorporated
by reference, see Sec. 571.5).
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:
[cir] 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)].
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.
V. Summary of Volkswagen's Petition: Volkswagen described the
subject noncompliance and stated its belief that the noncompliance is
inconsequential as it relates to motor vehicle safety.
In support of its petition, Volkswagen submitted the following
reasoning:
1. Seat belts currently sold by Volkswagen to its dealers are only
for installation as replacement seat belts in specific seating
positions in Volkswagen Routan 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 misinstallation of
seat belt assemblies.
2. Seat belt assembly installation instructions are included in
Volkswagen Service Manuals and are available to independent repair
shops and individual owners who 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.
3. Seat belt use instructions regarding proper seat belt
positioning on the body
[[Page 12460]]
and proper maintenance and periodic inspection for damage, are and have
been included in all Volkswagen owners' manuals.
4. Volkswagen has developed installation and use instructions for
replacement seat belt assemblies. This material is being placed into
the packages of seat belts currently in Volkswagen's Parts Distribution
Centers and will be included with all seat belt assemblies shipped to
Volkswagen for resale to dealers in the future.
5. Volkswagen is not aware of owner complaints or field incident
reports relating to the lack of installation and use instructions with
replacement seat belt assemblies.
Volkswagen stated that NHTSA has previously granted similar
petitions for noncompliance with seat belt assembly installation and
usage instruction standards. See Mitsubishi Motors North America, Inc.
(77 FR 24762, April 25, 2012); Bentley Motors, Inc. (75 FR 35877,
September 20, 2011); Hyundai Motor Company (73 FR 49238, March 2,
2009); Ford Motor Company (73 FR 11462, March 3, 2008); Mazda North
America Operations (73 FR 11464, March 3, 2008); Ford Motor Company (73
FR 63051, October 22, 2008); and TRW, Inc. (58 FR 7171, February 4,
1993).
Volkswagen also stated that they have made process changes to
ensure that hard copies of the instructions will be included with all
Volkswagen service seat belt assemblies shipped to its dealers.
Volkswagen concluded by expressing the belief that the subject
noncompliance is inconsequential as it relates to motor vehicle safety,
and that its petition to be exempted from providing notification of the
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the
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. Therefore, any decision on
this petition only applies to the subject vehicles that Volkswagen no
longer controlled at the time it determined that the noncompliance
existed. However, any decision on this petition does not relieve
vehicle distributors and dealers of the prohibitions on the sale, offer
for sale, or introduction or delivery for introduction into interstate
commerce of the noncompliant vehicles under their control after
Volkswagen notified them that the subject noncompliance existed.
Authority: (49 U.S.C. 30118, 30120: Delegations of authority at
49 CFR 1.95 and 501.8)
Claudia Covell,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2018-05689 Filed 3-20-18; 8:45 am]
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