Oreion Motors, LLC, Grant of Petition for Decision of Inconsequential Noncompliance |
|---|
Topics: Oreion Reeper
|
Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
February 2, 2015
[Federal Register Volume 80, Number 21 (Monday, February 2, 2015)]
[Notices]
[Pages 5616-5617]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01908]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2014-0106; Notice 2]
Oreion Motors, LLC, Grant of Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition.
-----------------------------------------------------------------------
SUMMARY: Oreion Motors, LLC (Oreion) has determined that certain 2011-
2013 Oreion Reeper low speed vehicles, do not fully comply with
paragraph S5.(b)(10) of Federal Motor Vehicle Safety Standard (FMVSS)
No. 500 which requires installation of seat belts that conform to FMVSS
No. 209, Seat Belt Assemblies. Oreion has filed an appropriate report
dated August 13, 2014, pursuant to 49 CFR part 573, Defect and
Noncompliance Responsibility and Reports.
ADDRESSES: For further information on this decision contact Stuart
Seigel, Office of Vehicle Safety Compliance, the National Highway
Traffic Safety Administration (NHTSA), Telephone (202) 366-5287,
facsimile (202) 366-5930.
SUPPLEMENTARY INFORMATION:
I. Oreion's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h)
(see implementing rule at 49 CFR part 556), Oreion submitted a petition
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 November 21, 2014 in the Federal Register (79
FR 69556). 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-2014-0106.''
II. Low Speed Vehicles Involved: Affected are approximately 526
2011-2013 Oreion Reeper low speed vehicles originally manufactured with
seatbelts manufactured by Changzhou Dongchen.
III. Noncompliance: Oreion explains that the noncompliance is that
the seatbelts installed in the subject vehicles do not fully comply
with the requirements of paragraph S5.(b)(10) of FMVSS No. 500 because
the year that the seatbelts were manufactured is not included on the
seatbelts as specified in paragraph S4.1(j) of FMVSS No. 209.
V. Rule Text: Paragraph S5.(b) of FMVSS No. 500 requires in
pertinent part:
(b) Each low-speed vehicle shall be equipped with:
(10) A Type 1 or Type 2 seat belt assembly conforming to Sec.
571.209 of this part, Federal Motor Vehicle Safety Standard No. 209,
Seat belt assemblies, installed at each designated seating position.
[[Page 5617]]
Paragraph S4.1(j) of FMVSS No. 209 requires in pertinent part:
S4.1(j) Marking. Each seat belt assembly shall be permanently
and legibly marked or labeled with year of manufacture, model, and
name or trademark of manufacturer or distributor, or of importer if
manufactured outside the United States. . . .
V. Summary of Oreion's Analyses: Oreion stated its belief that the
subject noncompliance is inconsequential to motor vehicle safety
because the lack of the year of manufacture on the seat belt labels has
no effect on the operational safety of the seat belts installed in the
subject noncompliant vehicles.
Oreion also stated its belief that the seat belts in the subject
vehicles have functioned as designed during normal use. They contend
that this is supported by their observation that no vehicle owner has
brought their vehicle back to a dealership for seat belt related
repairs.
Oreion stated its awareness that the year date stamp may be used
with the seat belt model number to identify seat belt assemblies
recalled by the seat belt manufacturer. In the event of a safety
related recall by the seat belt manufacturer, Oreion indicated that it
will cooperate with the seat belt manufacturer to identify the vehicle
owners of the vehicles containing affected seat belts without the need
for the year stamp on the label. Oreion believes that that the model
number and the build date of the vehicle will be sufficient to
accomplish this task.
In summation, Oreion believes that the described noncompliance of
the subject low speed vehicle's seat belt assemblies is inconsequential
to motor vehicle safety, and that its petition, to exempt Oreion 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
NHTSA Analysis: NHTSA has reviewed Oreion's analysis that the
subject noncompliance is inconsequential to motor vehicle safety.
Paragraph S4.1(j) of FMVSS No. 209 requires that each seat belt
assembly be permanently and legibly marked or labeled with the year of
manufacture, model, and name or trademark of the manufacturer,
distributor, or the importer (if the assemblies are manufactured
outside the United States). The noncompliant vehicles are equipped with
seat belt assemblies marked with the model number ``DC-3000'', name of
manufacturer ``Changzhou Dongchen,'' what appears to be a lot number
``04 36275,'' and other markings including ``E4'', ``XIA YE'', ``DOT''
and ``Ar4m.'' NHTSA believes that should the seat belts be the subject
of a recall, the current labeling is sufficient to identify the
affected seat belts as installed in the subject vehicles, even without
the manufacturing date specified.
In addition, not labeling the year of manufacture has no bearing on
compliance of the seat belts to the material or performance standards
specified in FMVSS No. 209 and poses no risk to motor vehicle safety.
NHTSA Decision: In consideration of the foregoing, NHTSA has
decided that Oreion has met its burden of persuasion that the FMVSS No.
500 noncompliance is inconsequential to motor vehicle safety.
Accordingly, Oreion's petition is hereby granted and Oreion is exempted
from the obligation of providing notification of, and a remedy for,
that noncompliance under 49 U.S.C. 03118 and 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 allows 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 subject noncompliant low speed
vehicles that Oreion no longer controlled at the time it determined
that the noncompliance existed. However, the granting of 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 low speed
vehicles under their control after Oreion 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,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-01908 Filed 1-30-15; 8:45 am]
BILLING CODE 4910-59-P