[Federal Register Volume 65, Number 196 (Tuesday, October 10, 2000)]
[Notices]
[Page 60238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25972]



[[Page 60238]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 99-6207, Notice 2]


Bombardier Motor Corporation of America, Inc.; Grant of 
Application for Decision of Inconsequential Noncompliance

    This notice grants the application by Bombardier Motor Corporation 
of America, Inc. (BMCA) to be exempted from the notification and remedy 
requirements of 49 U.S.C. 30118 and 30120 for vehicles that fail to 
comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 209, Seat 
Belt Assemblies. By not complying with FMVSS No. 209, the vehicles also 
fail to comply with FMVSS No. 500, Low Speed Vehicles. BMCA has filed 
an appropriate report pursuant to 49 CFR Part 573 ``Defect and 
Noncompliance Reports.'' BMCA has also applied under 49 CFR Part 556 to 
be exempted from the notification and remedy requirements of 49 U.S.C. 
Chapter 301 ``Motor Vehicle Safety.'' The basis of the petition is that 
the noncompliance is claimed to be inconsequential to motor vehicle 
safety.
    Notice of receipt of the application was published in the Federal 
Register November 8, 1999 and an opportunity afforded for comment (64 
FR 61178). The comment closing date was December 9, 1999.
    No comments were received.

Background

    BMCA is a Delaware corporation with its principal place of business 
at 730 East Strawbridge Avenue, Melbourne, FL 32901. BMCA is the 
importer (manufacture) of a Low-Speed Vehicle (``LSV'') under the brand 
name Bombardier NV neighborhood vehicle. This vehicle is built by 
Bombardier, Inc., in Canada. On May 6, 1999, BMCA sent the National 
Highway Traffic Safety Administration (NHTSA) a letter pursuant to 
Title 49, Part 573 of the Code of Federal Regulations, for the purpose 
of reporting to NHTSA a noncompliance with FMVSS No. 209, S4.1(j)--
``Marking.'' FMVSS No. 500 Low-Speed Vehicles, requires vehicles such 
as the Bombardier NV to be equipped with seat belt assemblies that 
comply with FMVSS No. 209.
    FMVSS No. 209 S4.1 (j) requires that each seat belt assembly be 
permanently and legibly marked or labeled with the year of manufacture, 
model, and name or trademark of manufacturer or distributor, or of 
importer if manufactured outside the United States. The seat belt 
assemblies, manufactured by Good Success Corporation, model AB401 
(309), installed in Bombardier NVs sold between June 17, 1998 and April 
9, 1999 do not have the requisite marking or labeling. With the 
exception of the marking, the seat belt assemblies in question are said 
to comply fully with FMVSS No. 209.
    Bombardier argues that, because the labeling noncompliance has no 
bearing on the materials or performance standards specified in FMVSS 
No. 209, all the seat belt assemblies in question were properly 
installed as original equipment, and BMCA's replacement part system 
would preclude the purchase and installation of an improper replacement 
seat belt assembly for a Bombardier NV, the noncompliance poses no 
motor vehicle safety risk.

Discussion

    NHTSA has reviewed BMCA's application and, for the reasons 
discussed below, has decided that the noncompliance of the BMCA seat 
belt assemblies and the Bombardier NVs with the specified labeling 
requirements, is inconsequential to motor vehicle safety. Included in 
the petition was a letter from Erlin, Himes Associates to the seat belt 
assembly manufacturer, Good Success Corporation, indicating that the 
seat belt assemblies tested meet the performance requirements of FMVSS 
No. 209 for the type of seat belt assemblies tested.
    NHTSA agrees that the lack of the correct label would not have any 
effect on occupant safety in these circumstances. BMCA produces only 
one vehicle model for highway use, and there is only one model of seat 
belt retractor for these vehicles. Therefore, it is highly unlikely 
that the wrong assemblies will be provided for replacement.
    NHTSA has granted similar petitions for noncompliance with seat 
belt assembly labeling standards. See, generally, TRW, Inc., Dkt. No. 
92-67; Notice 2, 58 FR 7171 (1993); Chrysler Corporation, Dkt. No. 92-
94-No.2, 57 Fed. Reg. 45,865 (1992). In both of these cases, the 
petitioners demonstrated that the noncompliant seatbelt 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 the 
applicant has met its burden of persuasion that the noncompliance that 
it describes is inconsequential to safety. The determination is limited 
to the vehicles and equipment covered by the Part 573 report.
    Accordingly, BMCA'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. All products manufactured or sold on and after the April 
9, 1999, including any replacement seat belt assemblies, must comply 
fully with the requirements of FMVSS Nos. 500 and 209.

    Authority: 49 U.S.C. 30118, 30120; delegations of authority at 
49 CFR 1.50 and 49 CFR 501.8.

    Issued on: October 4, 2000.
Stephen R. Kratzke,
Associate Administrator for Safety Performance Standards.
[FR Doc. 00-25972 Filed 10-6-00; 8:45 am]
BILLING CODE 4910-59-P