82 FR 57814 - FCA US LLC, Receipt of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 82, Issue 234 (December 7, 2017)

Page Range		57814-57816
FR Document		2017-26425

FCA US LLC (FCA US), (f/k/a Chrysler Group LLC) has determined that certain Mopar Service seat belt assemblies sold to FCA dealers as replacement equipment in certain model year (MY) 1992-2018 FCA US motor vehicles do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 209, Seat Belt Assemblies. FCA US filed a noncompliance report dated July 25, 2017. FCA US also petitioned NHTSA on August 17, 2017, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety.

Federal Register, Volume 82 Issue 234 (Thursday, December 7, 2017)

[Federal Register Volume 82, Number 234 (Thursday, December 7, 2017)]
[Notices]
[Pages 57814-57816]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-26425]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2017-0073; Notice 1]

FCA US LLC, Receipt of Petition for Decision of Inconsequential
Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Receipt of petition.

-----------------------------------------------------------------------

SUMMARY: FCA US LLC (FCA US), (f/k/a Chrysler Group LLC) has determined
that certain Mopar Service seat belt assemblies sold to FCA dealers as
replacement equipment in certain model year (MY) 1992-2018 FCA US motor
vehicles do not fully comply with Federal Motor Vehicle Safety Standard
(FMVSS) No. 209, Seat Belt Assemblies. FCA US filed a noncompliance
report dated July 25, 2017. FCA US also petitioned NHTSA on August 17,
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 January 8,
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:
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) Web site 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:

[[Page 57815]]

I. Overview: FCA US LLC (FCA US), (f/k/a Chrysler Group LLC) has
determined that certain Mopar Service seat belt assemblies sold to FCA
dealers as replacement equipment in certain model year (MY) 1992-2018
FCA US motor vehicles do not fully comply with paragraphs S4.1(k) and
S4.1(l) of Federal Motor Vehicle Safety Standard (FMVSS) No. 209, Seat
Belt Assemblies. FCA US filed a noncompliance report dated July 25,
2017, pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports. FCA US also petitioned NHTSA on August 17,
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 FCA US 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 and Vehicles Involved: Approximately 728,100 Mopar
Service seat belt assemblies sold to FCA dealers as replacement
equipment for use in the following FCA motor vehicles are potentially
involved:

2010-2017 Ram 3500 Cab Chassis (``DD'')
2016-2017 Ram 3500 Cab Chassis (``DF'')
2010-2017 Ram 2500 (``DJ'')
2010-2017 Ram 4500/5500 Cab Chassis (``DP'')
2009-2017 Ram 1500 (``DS'')
2010-2017 Ram 3500 (``D2'')
2012-2017 Fiat 500 (``FF'')
2009-2017 Dodge Journey (``JC'')
2007-2017 Jeep Wrangler (``JK'')
2014-2017 Jeep Cherokee (``KL'')
2015-2017 Dodge Challenger (``LA'')
2012-2017 Chrysler 300 (``LX'')
2012-2017 Dodge Charger (``LD'')
2008-2017 Jeep Compass (``MK'')
2008-2017 Jeep Patriot (``MK'')
2012-2017 Dodge Dart (``PF'')
2015-2017 Chrysler 200 (``UF'')
2008-2017 Chrysler Town & Country (``RT'')
2008-2017 Dodge Grand Caravan (``RT'')
2017 Chrysler Pacifica (``RU'')
2011-2017 Dodge Durango (``WD'')
2011-2017 Jeep Grand Cherokee (``WK'')
2013-2017 Dodge SRT Viper (``ZD'')
2002-2008 Dodge Ram 1500 (``DR'')
2004-2010 Dodge Durango (``HB'')
2007-2010 Chrysler Aspen (``HG'')
2005-2012 Dodge Dakota (``ND'')
1994-2002 Dodge Ram 1500 (``BR'')
1993-2004 Dodge Intrepid (``LH'')
1993-2004 Chrysler Concorde (``LH'')
1993-2004 Chrysler 300M (``LH'')
1995-2005 Dodge Neon (``PL'')
2006-2012 Dodge Caliber (``PM'')
1997-2000 Plymouth Prowler (``PR'')
2001-2002 Chrysler Prowler (``PR'')
2001-2010 Chrysler PT Cruiser (``PT'')
1992-2002 Dodge Viper (``SR'')
2003-2010 Dodge Viper (``ZB'')
1993-1998 Jeep Grand Cherokee (``ZJ'')
2014-2018 Ram ProMaster (``VF'')
2015-2018 Ram ProMaster City (``VM'')
2015-2018 Jeep Renegade (``BU'')
2015-2017 Fiat 500x (``FB'')
2014-2017 Fiat 500L (``BF'')
2016-2017 Alfa Romeo Giulia (``GA'')
2015-2017 Alfa Romeo 4C (``4C'')
2017 Fiat 124 Spider (``BA'')

III. Noncompliance: FCA US explains that the noncompliance is that
the Mopar Service Seat Belt assemblies sold to FCA US dealerships for
use or for subsequent resale to dealership customers for the subject
vehicles, 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 Text: Paragraph S4.1(k) and S4.1(l) of FMVSS No. 209
states, in pertinent part:

S4 Requirements.
S4.1 . . .
(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 (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:
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 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 FCA US's Petition: As background, FCA US stated that
the packaging for the Mopar Service Seat Belts should have been
accompanied by the I-Sheets, but there was insufficient information to
confirm that the I-Sheets, in fact, accompanied the affected products
that were sent to FCA US dealers.
FCA US 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, FCA US submitted the following
reasoning:
FCA US understands that S4.1 concerns, among other things, the
threading of webbing and location and drilling of anchorage holes.
Moreover, S4.l(k) is specifically aimed at preventing the mismatch of a
seat belt assembly in the wrong model vehicle or the wrong seating
position and preventing improper installation of a seat belt at the
correct position. These provisions were once correctly aimed at
addressing the concern of aftermarket, universal seatbelt assemblies
being added into vehicles that were not originally equipped with
seatbelt assemblies. It has been many decades since vehicles without
seatbelt assemblies have been sold in the United States.
As NHTSA has noted many times, the end-user's reliance on packaging
literature for proper part selection, part installation and seatbelt
use is now highly unlikely. This is particularly true for the subject
seat belt assemblies, for the following reasons:
Mopar Service Seat Belt assemblies are only sold in FCA US
authorized dealerships and used for service within the dealership and
for sale to dealer customers. These assemblies are not sold to
aftermarket auto parts distributors or retail outlets.
The Mopar Service Seat Belt assemblies are clearly
identified in the FCA US part system for very specific make, model and
model year vehicles and specific seating positions through
DealerCONNECT, the web-based parts ordering system used between FCA US
and its dealers. In order to purchase these parts, the buyer would need
to supply either the part assembly number or make, model and model year
and seating position of vehicle. In either case, only the proper
assembly will be sold to the end user.
The proper installation of all Mopar Service Seat Belt
assemblies are clearly described in FCA US service manuals, which are
also available on-line through DealerCONNECT and sold to the public
through Mopar and FCA US brand Web sites. Installation of the seatbelt

[[Page 57816]]

assembly is a complex process in the modern motor vehicle, unlike the
vehicles in the past that the S4.1 provisions were intended to address.
All Mopar Service Seat Belt assemblies are properly
labeled with the correct service part number so that the correct parts
are shipped to FCA US dealerships for use on specific make, model and
model year vehicles and specific seating positions.
The owner's manual for the FCA US vehicles at issue have
always provided instruction about proper usage and maintenance
information for seatbelts to the vehicle owner and operator. Therefore,
incorrect usage and maintenance by the vehicle owner is highly
unlikely. The seatbelt usage requirement language S4.1(l) is far
exceeded in any of the vehicle owner's manuals implicated by the
recall.
In over 25 years and hundreds of thousands of parts sales,
FCA US is not aware of a single field incident or consumer complaint
arising from the absence of an I-Sheet during the sale of any Mopar
Service Seat Belt assemblies.
There have been many instances of similar documentation omissions
where the agency has granted inconsequential treatment. NHTSA has
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).
The most notable grant of inconsequential treatment, and one which
is substantially similar to equipment recall T49 (NHTSA 17E-039), is
Subaru of America, Inc. (65 FR 67471, November 9, 2000), where the
agency made the following succinct observations:

There seems to be little need for the installation instructions
with replacements for original equipment seat belts. The SAE J800c
Recommended Practice incorporated in FMVSS No. 209 appears to have
been written as a guide on how to install a seat belt where one does
not exist. The Recommended Practice discusses such things as how to
determine the correct location for anchorages, how to create
adequate anchorages and how to properly attach webbing to the newly
installed anchorages. These instructions do not apply to today's
replacement market. Additionally, vehicle manufacturers provide
service manuals on how seat belts should be replaced. NHTSA does not
believe the ``how to'' instructions are necessary in this case.
Next, we note that the subject seat belt assemblies were distributed
without the required `usage and maintenance instructions' specified
in FMVSS No. 209, S4.1(l), which requires that seat belt assemblies
sold as replacement equipment have owner instructions on how to wear
the seat belt and how to properly thread the webbing on seat belts
where the webbing is not permanently attached. NHTSA believes that
the proper usage is adequately described in the vehicle owner's
manual. NHTSA does not believe that instructions about the proper
threading of webbing is applicable to modern original equipment
automobile seat belt systems. This second instruction sheet is
either duplicated in the owner's manual or not applicable.

FCS US understands that while FMVSS No. 209 S4.1(k) and S4.1(l) may
be somewhat antiquated, it is nevertheless required to fully comply
with this safety standard. In this regard FCA US has made process
changes to ensure that hard copies of the I-Sheets will be included
with all Mopar Service Seat Belt assemblies shipped to its dealers.
Moreover, FCA US has implemented changes in its part ordering process
to ensure that all I-Sheets for Mopar Service Seat Belt assemblies
affected by recall T49 (NHTSA 17E-039) have been uploaded to on-line
resources (StarParts^TM and DealerCONNECT) and directly
linked to the specific Mopar Service Seat Belt part numbers. Going
forward, this hard copy and on-line mating of the service parts and
S4.1(k) and S4.1(l) instructions will ensure that the documentation
requirement of FMVSS No. 209 will be met.
FCA US 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 FCA US 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 FCA US
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.

Jeffrey M. Giuseppe,
Associate Administrator for Enforcement.
[FR Doc. 2017-26425 Filed 12-6-17; 8:45 am]
BILLING CODE 4910-59-P

57816 Federal Register / Vol. 82, No. 234 / Thursday, December 7, 2017 / Notices

assembly is a complex process in the does not believe the ‘‘how to’’ instructions prohibitions on the sale, offer for sale,
modern motor vehicle, unlike the are necessary in this case. Next, we note that or introduction or delivery for
vehicles in the past that the S4.1 the subject seat belt assemblies were introduction into interstate commerce of
distributed without the required ‘usage and
provisions were intended to address. the noncompliant vehicles under their
maintenance instructions’ specified in
• All Mopar Service Seat Belt FMVSS No. 209, S4.1(l), which requires that control after FCA US notified them that
assemblies are properly labeled with the seat belt assemblies sold as replacement the subject noncompliance existed.
correct service part number so that the equipment have owner instructions on how Authority: 49 U.S.C. 30118, 30120:
correct parts are shipped to FCA US to wear the seat belt and how to properly delegations of authority at 49 CFR 1.95 and
dealerships for use on specific make, thread the webbing on seat belts where the 501.8.
model and model year vehicles and webbing is not permanently attached.
specific seating positions. NHTSA believes that the proper usage is Jeffrey M. Giuseppe,
• The owner’s manual for the FCA US adequately described in the vehicle owner’s Associate Administrator for Enforcement.
vehicles at issue have always provided manual. NHTSA does not believe that [FR Doc. 2017–26425 Filed 12–6–17; 8:45 am]
instructions about the proper threading of
instruction about proper usage and BILLING CODE 4910–59–P
webbing is applicable to modern original
maintenance information for seatbelts to equipment automobile seat belt systems. This
the vehicle owner and operator. second instruction sheet is either duplicated
Therefore, incorrect usage and in the owner’s manual or not applicable. DEPARTMENT OF VETERANS
maintenance by the vehicle owner is AFFAIRS
FCS US understands that while
highly unlikely. The seatbelt usage
FMVSS No. 209 S4.1(k) and S4.1(l) may [OMB Control No. 2900–0399]
requirement language S4.1(l) is far
be somewhat antiquated, it is
exceeded in any of the vehicle owner’s
nevertheless required to fully comply Agency Information Collection Activity
manuals implicated by the recall.
• In over 25 years and hundreds of with this safety standard. In this regard Under OMB Review: Student
thousands of parts sales, FCA US is not FCA US has made process changes to Beneficiary Report—REPS (Restored
aware of a single field incident or ensure that hard copies of the I-Sheets Entitlement Program for Survivors)
consumer complaint arising from the will be included with all Mopar Service
Seat Belt assemblies shipped to its AGENCY: Veterans Benefits
absence of an I-Sheet during the sale of Administration, Department of Veterans
any Mopar Service Seat Belt assemblies. dealers. Moreover, FCA US has
implemented changes in its part Affairs.
There have been many instances of
ordering process to ensure that all I- ACTION: Notice.
similar documentation omissions where
the agency has granted inconsequential Sheets for Mopar Service Seat Belt
assemblies affected by recall T49 SUMMARY: In compliance with the
treatment. NHTSA has granted similar Paperwork Reduction Act (PRA) of
petitions for noncompliance with seat (NHTSA 17E–039) have been uploaded
to on-line resources (StarPartsTM and 1995, this notice announces that the
belt assembly installation and usage Veterans Benefits Administration
instruction standards. See Mitsubishi DealerCONNECT) and directly linked to
the specific Mopar Service Seat Belt part (VBA), Department of Veterans Affairs,
Motors North America, Inc. (77 FR will submit the collection of
24762, April 25, 2012); Bentley Motors, numbers. Going forward, this hard copy
and on-line mating of the service parts information abstracted below to the
Inc. (75 FR 35877, September 20, 2011); Office of Management and Budget
Hyundai Motor Company (73 FR 49238, and S4.1(k) and S4.1(l) instructions will
ensure that the documentation (OMB) for review and comment. The
March 2, 2009); Ford Motor Company PRA submission describes the nature of
(73 FR 11462, March 3, 2008); Mazda requirement of FMVSS No. 209 will be
met. the information collection and its
North America Operations (73 FR expected cost and burden and it
11464, March 3, 2008); Ford Motor FCA US concluded by expressing the
belief that the subject noncompliance is includes the actual data collection
Company (73 FR 63051, October 22, instrument.
2008); and TRW, Inc. (58 FR 7171, inconsequential as it relates to motor
February 4, 1993). vehicle safety, and that its petition to be DATES: Comments must be submitted on
The most notable grant of exempted from providing notification of or before January 8, 2018.
inconsequential treatment, and one the noncompliance, as required by 49 ADDRESSES: Submit written comments
which is substantially similar to U.S.C. 30118, and a remedy for the on the collection of information through
equipment recall T49 (NHTSA 17E– noncompliance, as required by 49 www.Regulations.gov, or to Office of
039), is Subaru of America, Inc. (65 FR U.S.C. 30120, should be granted. Information and Regulatory Affairs,
67471, November 9, 2000), where the NHTSA notes that the statutory Office of Management and Budget, Attn:
agency made the following succinct provisions (49 U.S.C. 30118(d) and VA Desk Officer; 725 17th St. NW.,
observations: 30120(h)) that permit manufacturers to Washington, DC 20503 or sent through
file petitions for a determination of electronic mail to oira_submission@
There seems to be little need for the inconsequentiality allow NHTSA to
installation instructions with replacements omb.eop.gov. Please refer to ‘‘OMB
for original equipment seat belts. The SAE
exempt manufacturers only from the Control No. 2900–0399’’ in any
J800c Recommended Practice incorporated in duties found in sections 30118 and correspondence.
FMVSS No. 209 appears to have been written 30120, respectively, to notify owners,
as a guide on how to install a seat belt where purchasers, and dealers of a defect or FOR FURTHER INFORMATION CONTACT:
one does not exist. The Recommended noncompliance and to remedy the Cynthia Harvey-Pryor, Office of Quality,
Practice discusses such things as how to defect or noncompliance. Therefore, any Privacy and Risk, Department of
sradovich on DSK3GMQ082PROD with NOTICES

determine the correct location for decision on this petition only applies to Veterans Affairs, 811 Vermont Avenue,
anchorages, how to create adequate the subject vehicles that FCA US no Floor 5, Area 368, Washington, DC
anchorages and how to properly attach 20420, (202) 461–5870 or email
webbing to the newly installed anchorages.
longer controlled at the time it
determined that the noncompliance cynthia.harvey-pryor@va.gov. Please
These instructions do not apply to today’s
replacement market. Additionally, vehicle existed. However, any decision on this refer to ‘‘OMB Control No. 2900–0399’’
manufacturers provide service manuals on petition does not relieve vehicle in any correspondence.
how seat belts should be replaced. NHTSA distributors and dealers of the SUPPLEMENTARY INFORMATION:

VerDate Sep<11>2014 18:50 Dec 06, 2017 Jkt 244001 PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 E:\FR\FM\07DEN1.SGM 07DEN1

Document Created: 2017-12-07 00:34:55
Document Modified: 2017-12-07 00:34:55

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Receipt of petition.
Dates		The closing date for comments on the petition is January 8, 2018.
FR Citation		82 FR 57814

82 FR 57814 - FCA US LLC, Receipt of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATIONNational Highway Traffic Safety Administration

Federal Register Volume 82, Issue 234 (December 7, 2017)

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration