Bentley Motors Inc., Grant of Petition for Decision of Inconsequential Noncompliance |
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Topics: National Highway Traffic Safety Administration, Bentley
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Claude H. Harris
Federal Register
September 20, 2011
[Federal Register Volume 76, Number 182 (Tuesday, September 20, 2011)]
[Notices]
[Pages 58343-58344]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24126]
[[Page 58343]]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2010-0064; Notice 2]
Bentley Motors Inc., Grant of Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Grant of Petition for Decision of Inconsequential
Noncompliance.
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SUMMARY: Bentley Motors Inc. (BMI),\1\ has determined that an 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) and the rule
implementing those provisions 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. Notice of receipt of the
petition was published, with a 30-day public comment period, on June
23, 2010 in the Federal Register (75 FR 35877). No comments were
received. To view the petition and all supporting documents log onto
the Federal Docket Management System (FDMS) Web site at: http://www.regulations.gov/. Then follow the online search instructions to
locate docket number ``NHTSA-2010-0064.''
For further information on this decision, contact Ms. Claudia
Covell, Office of Vehicle Safety Compliance, the National Highway
Traffic Safety Administration (NHTSA), telephone (202) 366-5293,
facsimile (202) 366-7002.
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.
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
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 misinstallation 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 Decision: To help ensure proper selection, installation,
usage, and maintenance of seat belt assemblies, paragraph S4.1(k) of
FMVSS No. 209 requires that installation, usage, and maintenance
instructions be provided with seat belt assemblies, other than those
installed by an automobile manufacturer.
First, we note that the subject seat belt assemblies are only made
available to BMI authorized dealerships for their use or subsequent
resale. Because the parts ordering process used by BMI authorized
dealerships clearly identifies the correct service part required by
model year, model, and seating position, NHTSA believes that there is
little likelihood that an inappropriate seat belt assembly will be
provided for a specific seating position within a BMI vehicle.
Second, we note that technicians at BMI dealerships have access to
the seat belt assembly installation instruction information in BMI Shop
Manuals. In addition, installers other than BMI dealership technicians
can access the installation instructions from BMI service manuals, BMI
dealers or from aftermarket service information compilers. We also
believe that BMI is correct in stating that the seat belt assemblies
are designed to be installed properly only in their intended
application. Thus, we conclude that sufficient safeguards are in place
to prevent the installation of an improper seat belt assembly.
NHTSA recognizes the importance of having installation instructions
available to installers as well as use and maintenance instructions
available to consumers. The risk created by this noncompliance is that
someone who purchased an assembly is unable to obtain the necessary
installation information resulting in an incorrectly installed seat
belt assembly. However, because the seat belt assemblies are designed
to be installed properly only in their intended application and the
installation information is widely available to the public, it appears
that there is little likelihood that installers will not be able to
access the installation instructions. Furthermore, we note that BMI has
stated that they are not aware of any customer field reports of service
seat belt assemblies being incorrectly installed in the subject
applications, nor aware of any reports requesting installation
instructions. These findings suggest that it is unlikely that seat
belts have been improperly installed.
In addition, although 49 CFR 571.209 paragraph S4.1(k) requires
certain
[[Page 58344]]
instructions specified in SAE Recommended Practice J800c be included in
seat belt replacement instructions, that requirement applies to seat
belts intended to be installed in seating positions where seat belts do
not already exist. The subject seat belt assemblies are only intended
to be used for replacement of original equipment seat belts; therefore,
the instructions do not apply to the subject seat belt assemblies.\2\
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\2\ Subaru of America, Inc.; Grant of Application for Decision
of Inconsequential Non-Compliance (65 FR 67472)
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With respect to seat belt usage and inspection instructions, we
note that this information is available in the Owner Handbooks that are
included with each new vehicle and apply to the replacement seat belt
assemblies installed in these vehicles. Thus, with respect to usage and
maintenance instructions, it appears that BMI has met the intent of
S4.1(l) of FMVSS No. 209 for the subject vehicles using alternate
methods for notification.
NHTSA has granted similar petitions for noncompliance with seat
belt assembly installation and usage instruction standards. Refer to
Hyundai Motor Company (74 FR 9125, March 2, 209); 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); Subaru of America, Inc. (65 FR 67471, November 9, 2000);
Bombardier Motor Corporation of America, Inc. (65 FR 60238, October 10,
2000); TRW, Inc. (58 FR 7171, February 4, 1993); and Chrysler
Corporation, (57 FR 45865, October 5, 1992). In all of these cases, the
petitioners demonstrated that the noncompliant seat belt assemblies
were properly installed, and due to their respective replacement parts
ordering systems, improper replacement seat belt assembly selection and
installation would not be likely to occur.
In consideration of the foregoing, NHTSA has decided that BMI has
met its burden of persuasion that the seatbelt installation and usage
instruction noncompliances described are inconsequential to motor
vehicle safety. Accordingly, BMI's application is granted, and it is
exempted from providing the notification of noncompliance that is
required by 49 U.S.C. 30118, and from remedying the noncompliance, as
required by 49 U.S.C. 30120.
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, this decision
only applies to the replacement seat belt assemblies \3\ that BMI no
longer controlled at the time that it determined that a noncompliance
existed in the subject vehicles.
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\3\ BMI's petition, which was filed under 49 CFR Part 556,
requests an agency decision to exempt BMI as a manufacturer from the
notification and recall responsibilities of 49 CFR Part 573 for the
affected replacement seat belt assemblies. However, the agency
cannot 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
replacement seat belt assemblies under their control after BMI
notified them that the subject noncompliance existed.
Authority: 49 U.S.C. 30118, 30120: delegations of authority at
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CFR 1.50 and 501.8.
Issued on: September 14, 2011.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2011-24126 Filed 9-19-11; 8:45 am]
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