FCA US LLC and Volkswagen Group of America, Inc., Grant of Petitions for Decision of Inconsequential Noncompliance |
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Topics: Volkswagen Routan
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Otto G. Matheke III
National Highway Traffic Safety Administration
13 May 2019
[Federal Register Volume 84, Number 92 (Monday, May 13, 2019)]
[Notices]
[Pages 20948-20951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09751]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2017-0073; Notice 2; Docket No. NHTSA-2017-0100;
Notice 2]
FCA US LLC and Volkswagen Group of America, Inc., Grant of
Petitions for Decision of Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petitions.
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SUMMARY: FCA US LLC (FCA US), (formally known as: Chrysler Group LLC)
and Volkswagen Group of America, Inc. (Volkswagen), have determined
that certain Mopar Service seat belt assemblies sold to FCA dealers and
Volkswagen dealers as replacement equipment in certain model year (MY)
1992-2018 FCA US motor vehicles and certain MY 2009-2018 Volkswagen
Routan motor vehicles, do not fully comply with Federal Motor Vehicle
Safety Standard (FMVSS) No. 209, Seat Belt Assemblies. The petitioners
have requested that NHTSA deem the subject noncompliance
inconsequential to motor vehicle safety. This document grants both
petitions in full.
FOR FURTHER INFORMATION CONTACT: Jack Chern, Office of Vehicle Safety
[[Page 20949]]
Compliance, NHTSA, telephone 202-366-0661, facsimile 202-366-3081.
SUPPLEMENTARY INFORMATION:
I. Overview: FCA US has determined that certain Mopar Service seat
belt assemblies sold to FCA dealers as replacement equipment in certain
MY 1992-2018 FCA US 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). 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, 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, pursuant to 49 U.S.C. 30118(d) &
30120(h) and 49 CFR part 556, Exemption for Inconsequential Defect or
Noncompliance. Notice of receipt of FCA US's petition was published
with a 30-day public comment period, on December 7, 2017, in the
Federal Register (82 FR 57814). No comments were received.
Volkswagen has determined that certain Mopar Service seat belt
assemblies sold to Volkswagen dealers as replacement equipment in
certain MY 2009-2018 Volkswagen Routan motor vehicles do not fully
comply with paragraphs S4.1(k) and S4.1(l) of FMVSS No. 209. Volkswagen
filed a noncompliance report dated November 8, 2017, pursuant to 49 CFR
part 573. Volkswagen petitioned NHTSA on November 29, 2017, 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, pursuant to 49 U.S.C. 30118(d) &
30120(h) and 49 CFR part 556. Notice of receipt of Volkswagen's
petition was published with a 30-day public comment period, on March
21, 2018, in the Federal Register (83 FR 12458). No comments were
received.
II. Equipment Involved: Approximately 1,900 replacement seat belt
assemblies manufactured between June 25, 2008, and October 25, 2013 for
installation in certain MY 2009-2018 Volkswagen Routan motor vehicles
are potentially 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: The petitioners explain that the subject
noncompliance involves the Mopar Service Seat Belt assemblies sold to
both FCA US and Volkswagen dealerships for use or for subsequent resale
to dealers, for repairs by dealership service technicians, or
dealership retail customers for installation and replacement parts in
certain FCA US and Volkswagen vehicles. Specifically, the subject 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 Text: 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 Petitions: The petitioners described the subject
noncompliance and stated their belief that the noncompliance is, in
each case, inconsequential as it relates to motor vehicle safety.
In support, the petitioners submitted the following arguments:
1. The subject seat belt assemblies are only sold to FCA US and
Volkswagen authorized dealerships for installation as replacement seat
belts in certain FCA US and Volkswagen motor vehicles. These assemblies
are not sold to aftermarket auto parts distributors or retail outlets.
2. The subject seat belt assemblies are clearly labeled and
identifiable by part number in both the FCA US part system and
Volkswagen's parts catalogue for use on specific make, model, and model
[[Page 20950]]
year vehicles, and for specific seating positions.
3. In order to purchase these parts, the buyer would need to supply
either the part assembly number or make, model, model year and seating
position of the vehicle, thus, only the proper assembly would be sold
to the end user.
4. Installation of the seat belt assembly is a complex process in
the modern motor vehicle, unlike the vehicles in the past that the
provisions [paragraph S4.1 of FMVSS No. 209] were intended to address.
The 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.
5. FCA US states that the proper installation procedure for all
Mopar Service Seat Belt assemblies are clearly described in FCA US
service manuals, which are also available online through DealerCONNECT
and sold to the public through Mopar and FCA US brand websites. With
respect to seat belt usage and installation instructions, FCA US stated
that consumers who have purchased the seat belt assemblies in the past
can contact the Parts Department at their dealer for a copy of the
Instruction Sheets at no cost. FCA US also stated that instructions and
information regarding proper usage, proper maintenance, and periodic
inspection for damaged seat belts are included in the vehicle's Owner's
Manual.
6. Volkswagen stated that their seat belt assembly installation
instructions are included in Volkswagen Service Manuals and are
available to independent repair shops and to individual owners, who can
also purchase the Service Manual (which is a paid subscription) or seek
dealer assistance and obtain copies of the installation instructions
free of charge, if necessary. The instructions are also available on
Parts on Command (POC) and can be printed, in house, at the dealership
free of charge for the customers. 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. With
respect to seat belt usage and maintenance instructions, Volkswagen
also stated that they have been included in all Volkswagen owners'
manuals.
7. FCA US has notified its dealer of the existence of the
noncompliance and the dealer will be automatically prompted to include
the Service Instructions Sheets at the time when a customer purchases a
seat belt assembly.
8. Volkswagen stated that the packaging for the supplied service
seat belts should have been accompanied by the instruction sheet,
however, because there was insufficient information to confirm that the
instruction sheet accompanied the affected service parts. Volkswagen
has determined to notify its dealers of the existence of the
noncompliance. Volkswagen also stated that the instructions are now
available on Parts on Command (POC) and can be printed free of charge
at the dealership. These instruction sheets are required to be provided
with every safety belt assembly or safety belt buckle sold- whether it
be retail, wholesale, or in the shop.
9. The petitioners are not aware of any incidents or consumer
complaints relating to the absence of the I-Sheet and use instructions
with the sale of any of the subject seat belt assemblies.
FCA US and Volkswagen stated that there have been many instances of
similar documentation omissions where the agency has granted
inconsequential treatment. The petitioners cited the following
examples: 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).
FCA stated that the most notable grant of inconsequential treatment
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.
The FCA US understands that while they may believe FMVSS No. 209
S4.1(k) and S4.1(l) are somewhat antiquated, it is nevertheless
required to fully comply with this safety standard. In this regard, the
petitioners have made process changes to ensure that hard copies of the
I-Sheets will be included with all seat belt assemblies shipped to its
dealers. 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 online
resources (StarPartsTM 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.
The petitioners concluded by expressing the belief that the subject
noncompliance is inconsequential as it relates to motor vehicle safety,
and that their petitions 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.
VI. NHTSA's Analysis: To help ensure proper installation, usage,
and maintenance of seat belt assemblies, paragraphs S4.1(k) and S4.1(l)
of FMVSS No. 209 require that installation, usage, and maintenance
instructions be provided with seat belt assemblies other than those
installed by an automobile manufacturer.
First, with respect to the need to allow consumers to select the
correct seat belt for their vehicle, we note that the subject seat belt
assemblies are only made available to FCA US and Volkswagen authorized
dealerships for their use or subsequent resale. Because the parts
ordering process used by FCA US and Volkswagen authorized dealerships
clearly identifies the correct service part by a vehicle's model, model
year, and seating position, NHTSA believes that it is unlikely that an
inappropriate seat belt assembly will be
[[Page 20951]]
sold by the FCA US and Volkswagen dealership for a specific seating
position within a vehicle.
Second, 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 and therefore incorrectly
installs the seat belt assembly. We note that technicians at
dealerships have access to the seat belt assembly installation
instructions in vehicle Service Manuals. Installers other than
dealership technicians can obtain a copy of the installation
instructions, free of charge, through the dealerships' network. The
installation instructions are also available in the docket because they
were submitted with the manufacture's petitions. FCA US and Volkswagen
also stated that the subject seat belt assemblies can only be properly
installed in the correct seat position of their intended vehicles.
Thus, we conclude that installers have reasonable opportunities to
locate installation instructions which would permit a proper
installation, and that the instructions can be obtained free of charge.
In addition, NHTSA takes this opportunity to clarify prior
statements concerning SAE Recommended Practice J800c. Paragraph S4.1(k)
of FMVSS No. 209 requires ``at least those items specified in SAE
Recommended Practice J800c'' be included in seat belt assembly
instructions. As stated in SAE J800c, the ``minimum instruction
requirements may be supplemented by more specific manufacturer's
instructions, if they are necessary to provide installation
instructions in a particular vehicle.'' Although mainly containing
universal seat belt assembly installation instructions, SAE J800c
acknowledges seat belt assemblies intended for installation in specific
vehicles may require additional installation instructions. Also, per
FMVSS No. 209, seat belt assembly intended for installation in specific
vehicles must also have installation instructions provided when a seat
belt assembly is not sold as an original item on a motor vehicle. To
fulfill this intent, we conclude, as detailed in the previous
paragraph, that installers should be able to obtain installation
instructions which would permit a proper installation, and that the
instructions can be obtained free of charge.
With respect to seat belt usage and maintenance instructions, we
note that this information is readily available in the vehicle owner's
manuals. In addition, consumers can also obtain this information, free
of charge, through the vehicle's dealership networks. Thus, with
respect to usage and maintenance instructions, it appears that there
are satisfactory alternatives to meeting the intent of S4.1(l) of FMVSS
No. 209.
NHTSA has granted similar petitions for failure to comply with
requirements pertaining to seat belt assembly installation and usage
instruction. Refer to 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).
VII. NHTSA's Decision: In consideration of the foregoing, NHTSA
finds that both FCA US and Volkswagen have met their burden of
persuasion that the FMVSS No. 209 noncompliance is inconsequential as
it relates to motor vehicle safety. Accordingly, FCA US and
Volkswagen's petitions are hereby granted and FCA US and Volkswagen are
consequently exempted from the obligation to provide notification of,
and remedy for, the subject noncompliance under 49 U.S.C. 30118 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 equipment that FCA US and
Volkswagen no longer controlled at the time it determined that the
noncompliance existed. However, the granting of this petition does not
relieve equipment distributors and dealers of the prohibitions on the
sale, offer for sale, or introduction or delivery for introduction into
interstate commerce of the noncompliant equipment under their control
after FCA US and 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)
Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2019-09751 Filed 5-10-19; 8:45 am]
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