[Federal Register Volume 59, Number 151 (Monday, August 8, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-19277] [[Page Unknown]] [Federal Register: August 8, 1994] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION [Docket No. 93-34; Notice 4] American Honda Motor Co., Inc.; Grant of Appeal of Denial of Petition for Determination of Inconsequential Noncompliance American Honda Motor Co., Inc. (Honda) of Torrance, California appealed a decision by the National Highway Traffic Safety Administration (NHTSA) that denied its petition that a noncompliance with Federal Motor Vehicle Safety Standard No. 209 be deemed inconsequential as it relates to motor vehicle safety. Notice of receipt of the original petition was published in the Federal Register on May 21, 1993 (Notice 1, 58 FR 29689), the notice of denial on January 6, 1994 (Notice 2, 59 FR 795), and notice of appeal of the denial on April 1, 1994 (Notice 3, 59 FR 15496). The reader is referred to the notices for further information. No comments were received in response to Notice 3. Honda determined that some seat belt assemblies installed in certain 1990-93 Accords failed to comply with Standard No. 209, ``Seat Belt Assemblies,'' and filed an appropriate report pursuant to 49 CFR part 573. Honda then 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 was inconsequential as it relates to motor vehicle safety. The noncompliance is with paragraph S4.3(j)(3) of Standard No. 209 which requires that ``an emergency locking retractor of a Type 1 or Type 2 seat belt assembly * * * shall not lock, if the retractor is sensitive to vehicle acceleration, when the retractor is rotated in any direction to any angle of 15 degrees or less from its orientation in the vehicle * * *'' In its original petition, Honda stated that the retractors on some of its assemblies lock up when they are rotated to an angle of approximately ten degrees or more. The affected assemblies involve the rear outside seating positions on approximately 1.2 million model year 1990 to early 1993 two-door and four-door Accords. When the vehicle in which the noncomplying belt is installed is in certain parking positions such as on a steep uphill grade, the rear seat occupants are sometimes unable to pull the belt out of the retractor, and thus cannot fasten their belts. The vehicle must be moved to a more level position for the rear seat occupant to be able to put on the seat belt. The petition was denied for the reasons stated in Notice 2. In its appeal, Honda stated that it had failed to provide the agency with information which it believed will justify reconsideration of its petition. In its request Honda better defined what occurs in particular vehicle orientations. When a noncompliant vehicle is parked pointing downhill, the retractors fully comply with the standard. When a vehicle is parked pointing uphill, the retractors lock up at angles between 11 and 16 degrees, and thus do not comply with the requirement. When the vehicle is parked such that one side is substantially higher than the other, the retractor located on the downhill side complies with the requirement, but the retractor on the uphill side locks up at angles between seven and 11 degrees, a noncompliance with the requirement. The agency's denial of Honda's petition was based on several considerations. The first was that the number of complaints received by Honda indicated that the noncompliance was not an isolated occurrence, and was sufficient to cause Honda to initiate a Product Improvement Campaign on the Accord sedan and coupe. A second basis was that the noncompliance could discourage seat belt use. Finally, in NHTSA's view, the noncompliance could present problems to parents attempting to install a child safety seat. Honda presented new arguments concerning the effect of the noncompliance in an attempt to persuade the agency that field experience with the cars had not demonstrated the existence of real world problems. Honda learns of consumer concerns through complaints and warranty claims. In its investigation of the relevant universe of complaints, it found only one concerning the rear belt, a problem that the dealer had corrected during other service on the vehicle. With respect to warranty claims, Honda compared the complaint rates of the noncompliant Accord sedan and coupe models with those of complying Honda Civic and (Honda) Acura Legend four door sedan models, and found that there was no significant statistical difference. Warranty claims were received for 0.03 to 0.05 percent of both the noncompliant and compliant vehicles. After considering these arguments, NHTSA felt assured that the effect of the noncompliance in actual vehicle use seems to be small because customer complaints are nearly nonexistent and the warranty rate for rear seat belts installed in the noncompliant vehicles is essentially the same as the rate for other comparable complying models. Honda also sought to persuade NHTSA that the noncompliance would not discourage seat belt use. In addition to the few real-world problems that have been uncovered, the actual parking situations in which the noncompliance occurs at steep angles are rare. They occur only when the vehicle is facing uphill at angles of between 11 and 16 degrees, and when the vehicle is parked so that the uphill side is substantially higher than the downhill side, the uphill retractor locking at angles between 7 and ll degrees. These conditions of inoperability are substantially narrower than those which Honda described in its initial petition, and because of the relative infrequency in which they will be encountered, NHTSA's concerns that the noncompliance might reduce seat belt use have been satisfactorily addressed. There remained NHTSA's concern about problems in installing child safety seats. Honda believes that, on an uphill incline or when the vehicle is parked with one side substantially higher than the other, it would be difficult for a parent to lean downward into the car to install a child seat. Further, even where the lateral attitude affects the retractor, the retractor on the lower, downhill side will always operate properly. Honda believes that the noncompliance occurring on the uphill side should pose no problem in installing a child safety seat in the rear seat. When the noncompliant vehicle is parked on a lateral incline, there are two compliant rear seating positions to install the seat: the center and lower outboard position, both of which can be accessed from the lower, downhill side. Because the downhill side is nearest the curb, out of traffic, and therefore safer than the higher, uphill side, it is the most convenient and the most likely to be used by the parent. Honda has recommended the rear center position for infant and toddler child seating in its owner's manuals, starting with the 1992 models, which reduces the likelihood that the seat would be installed in a rear seat position that might, under the conditions described, be noncompliant. Given the physical constraints on placing child safety seats in vehicles when they are not on level ground, NHTSA's earlier concerns about child safety have been met by petitioner's argument. In consideration of the foregoing, it is hereby found that Honda has met its burden of persuasion that the noncompliance herein described is inconsequential as it relates to motor vehicle safety, and its appeal to reverse the denial of its petition is granted. NHTSA notes that Honda is continuing its product campaign in vehicles that may contain the noncompliant retractors. (49 U.S.C. 30118, 30120; delegations of authority at 49 CFR 1.50 and 49 CFR 501.8) Issued on: August 2, 1994. Christopher A. Hart, Deputy Administrator. [FR Doc. 94-19277 Filed 8-5-94; 8:45 am] BILLING CODE 4910-59-P