Am-Safe, Inc.; Grant of Petition for Determination of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. 93-29; Notice 2]

Am-Safe, Inc.; Grant of Petition for Determination of

Inconsequential Noncompliance

Am-Safe, Inc. (Am-Safe) of Phoenix, Arizona, determined that some

of its replacement seat belt assemblies fail to comply with 49 CFR

571.209, Federal Motor Vehicle Safety Standard (FMVSS) No. 209, ``Seat

Belt Assemblies,'' and filed an appropriate report pursuant to 49 CFR

part 573, ``Defect and Noncompliance Reports.'' Am-Safe also petitioned

to be exempted from the notification and remedy requirements of the

National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.)

on the basis that the noncompliance is inconsequential as it relates to

motor vehicle safety.

Notice of receipt of the petition was published on April 29, 1993,

and an opportunity afforded for comment (58 FR 26032). This notice

grants that petition.

Between January 1985 and the date it filed its petition, Am-Safe

produced and distributed approximately 100,000 replacement seat belts

which did not include the installation and maintenance instructions

required by Standard No. 209.

Paragraph S4.1(k) of Standard No. 209, requires that:

A seat belt assembly or retractor shall be accompanied by an

instruction sheet providing sufficient information for installing

the assembly in a motor vehicle except for a seat belt assembly

installed in a motor vehicle by an automobile manufacturer. The

installation instructions shall state whether the assembly is for

universal installation or for installation only in specifically

stated motor vehicles * * * .

In addition, section S.4.1(1) requires that:

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.

Am-Safe supported its petition for inconsequential noncompliance

with the following:

No Evidence of Incorrectly Installed Seat Belts

[Am-Safe believes] the simplistic mounting design of these seat

belts make [sic] it improbable that any incorrect installations

exist. Am-Safe, Inc. is unaware of any suggestions or allegations,

in regards to motor vehicle safety, concerning seat belts that were

incorrectly installed.

[Am-Safe Sophisticated Part Numbering System

Seat belts are identified by a nine or ten digit part number. A

typical seat belt part number is 502293-401-6. The 502293 defines

the basic belt configuration such as a retractable or nonretractable

lap belt. The -401 specifies the dimensions of [the] web and

component cover lengths. The -6 is the color code when applicable.

Permanently affixed labels have pertinent information to ensure the

proper seat belt is ordered for replacement. This label includes the

part number, manufacturing date, and name and phone number of the

manufacturer. This accurate numbering system can be confidently used

for proper seat belt replacement.

Simple Installation Procedures

The seat belts in question are attached to the vehicle anchorage

holes with existing mounting hardware. These assemblies require only

one bolt for attachment of the buckle half and one bolt for the

attachment of the connector half. The accomplish the installation of

a replacement seat belt, the existing seat belt must first be

removed from the vehicle. These steps are then reversed for proper

installation of the replacement seat belt. The majority of these

replacements are performed by individuals acquainted with seat belt

installation, i.e.; seat manufacturers, transit but operators, and

associated companies [which] perform seat belt installation on a

regular basis. In addition, the design and construction

characteristics of these seat belts reflect universal practices of

operation and maintenance procedures.

Conclusion

There is no evidence that any of the subject seat belts are

incorrectly installed. These seat belts have been installed and are

currently in service without incident making a recall impractical.

The complex part numbering system used by Am-Safe, Inc. leaves

little chance for error when ordering a replacement seat belt. In

the majority of cases, installation was performed by companies with

experienced [personnel] familiar with correct procedures. [In

i]nstances where seat belts are knowingly distributed to the general

public, Am-Safe, Inc. has always supplied appropriate instructions.

[As a] result of this noncompliance, Am-Safe, Inc. now includes

these instructions with all seat belts unless otherwise instructed

by the vehicle manufactures. In conclusion, Am-Safe, Inc. believes

that lack of instructions for seat belts that are currently in

service is inconsequential as it relates to motor vehicle safety.

No comments were received on the petition.

With respect to the failure to provide installation instructions,

the petitioner has argued that its parts ordering and shipping

procedures ensure that the correct replacement parts are received by

the dealer. Installation of the belts is a simple procedure, requiring

only one bolt for the attachment of the buckle half and one bolt for

the attachment of the connector half. These restraints are typically

installed by persons who perform replacements on a regular basis. After

reviewing these arguments, NHTSA concurs with them.

With respect to the failure to provide usage and maintenance

instructions, the petitioner has argued that this information has

always been provided with belts distributed to the general public. As

for the belts covered by the petition, Am-Safe has concluded that since

they are currently in service, lack of instructions for maintenance and

use at this point is inconsequential as it relates to safety. With

respect to this argument, NHTSA believes it more likely than not that

instructions accompanying packaged belts will be discarded once the

belts are installed. In addition, similar petitions from vehicle

manufacturers have stated that maintenance and use instructions for

belts are included in the operator's manuals of the vehicles in which

the replacement belts have been installed. Given the fact that all seat

belts must conform to Standard No. 209, NHTSA believes that there is

such a sufficient similarity between belts of all manufacturers,

whether used as original or replacement equipment, that the maintenance

and use instructions in any specific vehicle operator's manual will be

of general applicability.

For the foregoing reasons, the petitioner has met its burden of

persuasion that the noncompliances herein described are inconsequential

as they relate to motor vehicle safety, and its petition is granted.

(15 U.S.C. 1417; delegations of authority at 49 CFR 1.50 and 49 CFR

501.8)

Issued on: February 28, 1994.

Barry Felrice,

Associated Administrator for Rulemaking.

[FR Doc. 94-4916 Filed 3-3-94; 8:45 am]

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