Hyundai Motor Company, Receipt of Petition for Decision of Inconsequential Noncompliance, 49238-49240 [E8-19325]
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49238
Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Notices
1,862 of the noncompliant tires are
within its control and already remedied,
and 2,101 remain in the replacement
market in the U.S.
BFNT described the noncompliance
as a failure to mark the tires with a
complete or partial TIN on the sidewall
opposite the sidewall with the full TIN.
Thus, BFNT describes the
noncompliance as follows:
Actual stamping is BLANK. (on one
sidewall). Correct stamping should be:
7XOUBD4 (on that sidewall).
dwashington3 on PRODPC61 with NOTICES
BFNT argued that the noncompliant
tires meet or exceed all performance
requirements of FMVSS No. 139, and,
that the labeling noncompliance will
have no impact on the operational
performance or safety of vehicles on
which these tires are mounted.
BFNT further claimed that the TIN
only becomes important in the event of
a safety recall campaign so that the
consumer may properly identify the
recalled tire(s). The noncompliant tires
here are marked in a manner that is
sufficient for notice to consumers and
compliant with tire labeling
requirements prior to the adoption of
the new tire marking requirements in
2002. BFNT contends, therefore, that for
this noncompliance, any safety recall
campaign communication, if necessary,
could include in the listing of recalled
TINs with a direction to the consumer
to read both sidewalls of each tire on the
vehicle for the TINs or partial TINs so
that the consumer would know that
these noncompliant tires are included in
any future recall.
BFNT requested that NHTSA consider
its petition and grant an exemption from
the notification and remedy
requirements of 49 U.S.C. 30118 and
30120 on the basis that the
noncompliance described above is
inconsequential as it relates to motor
vehicle safety.
NHTSA’s Decision
NHTSA does not agree that BFNT’s
noncompliance with FMVSS No. 139 is
inconsequential to motor vehicle safety.
As discussed below, the tire markings
required by paragraph S5.5.1(a) of
FMVSS No. 139 provide valuable
information to assist consumers in
determining if their tires are the subject
of a safety recall.
The Firestone tire recalls in 2000
highlighted the difficulty that
consumers experienced when
attempting to determine whether a tire
is subject to a recall if the tire is
mounted so that the sidewall bearing
the TIN faces inward, i.e., underneath
the vehicle. After a series of
congressional hearings about the safety
of and experiences regarding the
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15:36 Aug 19, 2008
Jkt 214001
Firestone tires involved in those recalls,
Congress passed and the president
signed into law the Transportation
Recall Enhancement, Accountability,
and Documentation (TREAD) Act on
November 1, 2000. Pub. L. 106–414, 114
Stat. 1800.
One matter addressed by the TREAD
Act was tire labeling. Section 11 of the
TREAD Act required a rulemaking to
improve the labeling of tires to assist
consumers in identifying tires that may
be the subject of a recall.
In response to the TREAD Act’s
mandate, NHTSA published a final rule
that, among other things, required that
the TIN be placed on a sidewall of the
tire and a full or partial TIN be placed
on the other sidewall. See 67 FR 69600,
69628 (November 18, 2002), as amended
69 FR 31306 (June 3, 2004). In the
preamble to the 2002 final rule, the
agency identified the safety problem
which prompted the issuance of the
rule. 67 FR at 69602, 69606 and 69610.
The agency explained that when tires
are mounted so that the TIN appears on
the inward facing sidewalls, motorists
have three difficult and inconvenient
options for locating and recording the
TINs. Consumers must either: (1) Slide
under the vehicle with a flashlight,
pencil and paper and search the inside
sidewalls for the TINs; (2) remove each
tire, find and record the TIN, and then
replace the tire; or (3) enlist the aid of
a garage or service station that can
perform option 1 or place the vehicle on
a vehicle lift so that the TINs can be
found and recorded. Without any TIN
information on the outside sidewalls of
tires, the difficulty and inconvenience
of obtaining the TIN by consumers
results in the reduction of the number
of people who respond to a tire recall
campaign and a number of motorists
who unknowingly continue to drive
vehicles with potentially unsafe tires.
BFNT suggests that a recall of these
tires could include an instruction to
check the inboard sidewall if the TIN is
not found on the outboard sidewall.
This approach is inadequate. The
noncompliance here is the exact
problem that plagued millions of
Firestone tire owners in 2000 and one
that Congress mandated that NHTSA
address. When the TIN is placed on one
sidewall of a tire and that sidewall is
mounted on the inboard side of a wheel,
it is very difficult and inconvenient for
the consumer to locate and record the
TIN. In such situations, consumers who
attempt to determine if a tire is within
the scope of a recall may not be able to
read the inboard sidewall without
taking one of the three inconvenient
steps discussed above. The difficulty
and inconvenience that locating a TIN
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Sfmt 4703
under these circumstances poses serious
impediments to the successful recall of
the noncompliant tire, which may result
in motorists continuing to drive their
vehicles with potentially unsafe tires.
While NHTSA has determined in the
past that in some instances TIN marking
omissions were inconsequential to
motor vehicle safety, those
determinations occurred prior to the
adoption of FMVSS No. 139 pursuant to
the TREAD Act. Following the
enactment of the TREAD Act, NHTSA
found that there is a safety need for a
full TIN on one sidewall and a full or
partial TIN on the other sidewall. As
previously discussed, FMVSS No. 139
now requires TIN markings on both
sidewalls of a tire so that consumers can
readily determine if a tire is subject to
a safety recall. Accordingly, the
omission of a TIN or partial TIN on
either sidewall is now considered to be
a serious safety problem.
In consideration of the foregoing,
NHTSA has decided that the petitioner
has not met its burden of persuasion
that the noncompliance described is
inconsequential to motor vehicle safety.
Accordingly, BFNT’s petition is hereby
denied, and the petitioner must notify
owners, purchasers and dealers
pursuant to 49 U.S.C. 30118 and
provide a remedy in accordance with 49
U.S.C. 30120.
Authority: (49 U.S.C. 30118, 30120:
delegations of authority at CFR 1.50 and
501.8)
Issued on: August 14, 2008.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E8–19324 Filed 8–19–08; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2008–0133; Notice 1]
Hyundai Motor Company, Receipt of
Petition for Decision of
Inconsequential Noncompliance
Hyundai Motor Company (Hyundai),
has determined that certain replacement
seat belt assemblies sold for various
model and model year Hyundai
vehicles, including the 2008 model year
vehicles, did not fully comply with
paragraphs S4.1(k) and S4.1(l) of 49 CFR
571.209 Federal Motor Vehicle Safety
Standards (FMVSS) No. 209 Seat Belt
Assemblies. Hyundai has filed an
appropriate report pursuant to 49 CFR
Part 573, Defect and Noncompliance
Responsibility and Reports.
E:\FR\FM\20AUN1.SGM
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Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Notices
Pursuant to 49 U.S.C. 30118(d) and
30120(h) (see implementing rule at 49
CFR part 556), Hyundai has petitioned
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.
This notice of receipt of Hyundai’s
petition is published under 49 U.S.C.
30118 and 30120 and does not represent
any agency decision or other exercise of
judgment concerning the merits of the
petition.
Affected are an unspecified quantity
of seat belt replacement assemblies
delivered prior to May 9, 2008.
Paragraphs S4.1(k) and S4.1(l) of
FMVSS No. 209 require:
dwashington3 on PRODPC61 with NOTICES
(k) Installation instructions. 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, ‘‘Motor
Vehicle Seat Belt Installations,’’ November
1973. 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:
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)].
(l) Usage and maintenance instructions. 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.
Hyundai explains that the subject
replacement seat belt assemblies were
sold without the installation, usage, and
maintenance instructions required by
paragraphs in S4.1(k) and S4.1(l) of
FMVSS 209.
Hyundai makes the argument that the
replacement seat belt assemblies in
VerDate Aug<31>2005
15:36 Aug 19, 2008
Jkt 214001
question are only made available to
Hundai authorized dealerships for their
use or subsequent resale and that the
Hyundai parts ordering process used by
its dealers clearly identifies the correct
replacement part required by model
year, model, and seating position.
Furthermore, Hyundai states that its
replacement seat belt assemblies are
designed to be installed properly only in
their intended application.
Hyundai additionally states that
technicians at Hyundai dealerships that
replace seat belts have access to the
installation instruction information
available in workshop manuals.
Installers other than Hyundai dealership
technicians also have seat belt
installation information available
because Hyundai workshop manual
information, including seat belt
replacement information, is made
available to the general public on the
Hyundai Service Web site (https://
www.hmaservice.com) which provides
free access to every Hyundai Shop
Manual, including information about
seat belt installation.
Hyundai additionally argues that a
significant portion of paragraph S4.1(k)
appears to address a concern with
proper installation of aftermarket seat
belts into vehicles that were not
originally equipped with these
restraints. Hyundai also notes that SAE
J800c which is cited in the regulation
involves installation of ‘‘universal type
seat belt assemblies,’’ particularly where
no seat belt had previously been
installed, and that these concerns do not
apply to replacement seat belts. The
vehicles involved in this petition have
uniquely designed seat belt components
and replacement seat belt assemblies are
installed into the identical location from
which the original parts were removed.
Hyundai also states that proper seat
belt usage instructions are clearly
explained in the Owner’s Manual that is
included with each new vehicle.
Information concerning maintenance,
periodic inspection for wear and
function of the seat belts, as well as for
their proper usage is included in the
vehicle Owner Manual and this
information equally applies to
replacement seat belt assemblies.
Hyundai first became aware of the
noncompliance when it was contacted
by NHTSA in response to a consumer
inquiry received by NHTSA.
Hyundai also stated that it has
corrected the problem that caused these
errors so that they will not be repeated
in future production.
In summation, Hyundai states that it
believes that because the
noncompliances are inconsequential to
PO 00000
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49239
motor vehicle safety that no corrective
action is warranted.
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 allow 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.
Interested persons are invited to
submit written data, views, and
arguments on this petition. Comments
must refer to the docket and notice
number cited at the beginning of this
notice and be submitted by any of the
following methods:
a. By mail addressed to: U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
DC 20590.
b. By hand delivery to U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
DC 20590. The Docket Section is open
on weekdays from 10 a.m. to 5 p.m.
except Federal Holidays.
c. Electronically: by logging onto the
Federal Docket Management System
(FDMS) Web site at https://
www.regulations.gov/. Follow the online
instructions for submitting comments.
Comments may also be faxed to 1–202–
493–2251.
Comments must be written in the
English language, and be no greater than
15 pages in length, although there is no
limit to the length of necessary
attachments to the comments. If
comments are submitted in hard copy
form, please ensure that two copies are
provided. If you wish to receive
confirmation that your comments were
received, please enclose a stamped, selfaddressed postcard with the comments.
Note that all comments received will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
Anyone is able to search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). DOT’s
complete Privacy Act Statement in the
Federal Register published on April 11,
2000 (65 FR 19477–78).
You may view documents submitted
to a docket at the address and times
given above. You may also view the
E:\FR\FM\20AUN1.SGM
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49240
Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Notices
documents on the Internet at https://
www.regulations.gov by following the
online instructions for accessing the
dockets available at that Web site.
The petition, supporting materials,
and all comments received before the
close of business on the closing date
indicated below will be filed and will be
considered. All comments and
supporting materials received after the
closing date will also be filed and will
be considered to the extent possible.
When the petition is granted or denied,
notice of the decision will be published
in the Federal Register pursuant to the
authority indicated below.
Comment closing date: September 19,
2008.
Authority: (49 U.S.C. 30118, 30120:
delegations of authority at CFR 1.50 and
501.8).
Issued on: August 14, 2008.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E8–19325 Filed 8–19–08; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB–1020X]
East Penn Railroad, LLC—
Abandonment Exemption—in Berks
and Montgomery Counties, PA
dwashington3 on PRODPC61 with NOTICES
On July 31, 2008, East Penn Railroad,
LLC (ESPN) filed with the Board a
petition under 49 U.S.C. 10502 for
exemption from the provisions of 49
U.S.C. 10903 to abandon an 8.6-mile
line of railroad extending from milepost
0.0 at Pottstown to milepost 8.6 at
Boyertown, in Berks and Montgomery
Counties, PA. The line traverses United
States Postal Service Zip Codes 19464
and 19512.1
The line does not contain federally
granted rights-of-way. Any
documentation in ESPN’s possession
will be made available promptly to
those requesting it.
The interest of railroad employees
will be protected by the conditions set
forth in Oregon Short Line R. Co.—
Abandonment—Goshen, 360 I.C.C. 91
(1979).
By issuance of this notice, the Board
is instituting an exemption proceeding
1 ESPN’s then new owner, Regional Rail, LLC, a
noncarrier, discovered that one of ESPN’s
predecessors, Penn Eastern Rail Lines, Inc., had
consummated the acquisition of the subject line in
July 2003, but inadvertently failed to obtain prior
Board approval for that acquisition. ESPN filed for
and obtained such authority. See East Penn
Railroad, LLC—Acquisition Exemption—Berks
County, PA, STB Finance Docket No. 35089 (STB
served Nov. 1, 2007).
VerDate Aug<31>2005
15:36 Aug 19, 2008
Jkt 214001
pursuant to 49 U.S.C. 10502(b). A final
decision will be issued by November 18,
2008.
Any offer of financial assistance
(OFA) under 49 CFR 1152.27(b)(2) will
be due no later than 10 days after
service of a decision granting the
petition for exemption. Each OFA must
be accompanied by a $1,500 filing fee.
See 49 CFR 1002.2(f)(25).2
All interested persons should be
aware that, following abandonment of
rail service and salvage of the line, the
line may be suitable for other public
use, including interim trail use. Any
request for a public use condition under
49 CFR 1152.28 or for trail use/rail
banking under 49 CFR 1152.29 will be
due no later than September 9, 2008.
Each trail use request must be
accompanied by a $200 filing fee. See 49
CFR 1002.2(f)(27).
All filings in response to this notice
must refer to STB Docket No. AB–
1020X, and must be sent to: (1) Surface
Transportation Board, 395 E Street, SW.,
Washington, DC 20423–0001; and (2)
Karl Morell, Of Counsel, Ball Janik LLP,
1455 F Street, NW., Suite 225,
Washington, DC 20005. Replies to the
petition are due on or before September
9, 2008.
Persons seeking further information
concerning abandonment procedures
may contact the Board’s Office of Public
Assistance, Governmental Affairs, and
Compliance at (202) 245–0238 or refer
to the full abandonment or
discontinuance regulations at 49 CFR
part 1152. Questions concerning
environmental issues may be directed to
the Board’s Section of Environmental
Analysis (SEA) at (202) 245–0305.
[Assistance for the hearing impaired is
available through the Federal
Information Relay Service (FIRS) at 1–
800–877–8339.]
An environmental assessment (EA) (or
environmental impact statement (EIS), if
necessary) prepared by SEA will be
served upon all parties of record and
upon any agencies or other persons who
commented during its preparation.
Other interested persons may contact
SEA to obtain a copy of the EA (or EIS).
EAs in these abandonment proceedings
normally will be made available within
60 days of the filing of the petition. The
deadline for submission of comments on
the EA will generally be within 30 days
of its service.
2 Effective July 18, 2008, the filing fee for an OFA
increased to $1,500. See Regulations Governing
Fees for Services Performed in Connection with
Licensing and Related Services—2008 Update, STB
Ex Parte No. 542 (Sub-No. 15) (STB served June 18,
2008).
PO 00000
Frm 00082
Fmt 4703
Sfmt 4703
Board decisions and notices are
available on our Web site at https://
www.stb.dot.gov.
Decided: August 11, 2008.
By the Board, David M. Konschnik,
Director, Office of Proceedings.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8–19035 Filed 8–19–08; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB–33 (Sub-No. 258X)]
Union Pacific Railroad Company—
Abandonment Exemption—in Shelby
County, TN
Union Pacific Railroad Company (UP)
has filed a verified notice of exemption
under 49 CFR 1152 Subpart F—Exempt
Abandonments to abandon a 2.61-mile
line of railroad known as the Memphis
Subdivision, extending from milepost
387.0 to milepost 389.61 in Shelby
County, TN. The line traverses United
States Postal Service Zip Codes 38107
and 38108.
UP has certified that: (1) No local
traffic has moved over the line for at
least 2 years; (2) there is no overhead
traffic on the line; (3) no formal
complaint filed by a user of rail service
on the line (or by a state or local
government entity acting on behalf of
such user) regarding cessation of service
over the line either is pending with the
Surface Transportation Board or with
any U.S. District Court or has been
decided in favor of complainant within
the 2-year period; and (4) the
requirements at 49 CFR 1105.7
(environmental report), 49 CFR 1105.8
(historic report), 49 CFR 1105.11
(transmittal letter), 49 CFR 1105.12
(newspaper publication), and 49 CFR
1152.50(d)(1) (notice to governmental
agencies) have been met.
As a condition to this exemption, any
employee adversely affected by the
abandonment shall be protected under
Oregon Short Line R. Co.—
Abandonment—Goshen, 360 I.C.C. 91
(1979). To address whether this
condition adequately protects affected
employees, a petition for partial
revocation under 49 U.S.C. 10502(d)
must be filed.
Provided no formal expression of
intent to file an offer of financial
assistance (OFA) has been received, this
exemption will be effective on
September 19, 2008, unless stayed
pending reconsideration. Petitions to
stay that do not involve environmental
E:\FR\FM\20AUN1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 162 (Wednesday, August 20, 2008)]
[Notices]
[Pages 49238-49240]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-19325]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2008-0133; Notice 1]
Hyundai Motor Company, Receipt of Petition for Decision of
Inconsequential Noncompliance
Hyundai Motor Company (Hyundai), has determined that certain
replacement seat belt assemblies sold for various model and model year
Hyundai vehicles, including the 2008 model year vehicles, did not fully
comply with paragraphs S4.1(k) and S4.1(l) of 49 CFR 571.209 Federal
Motor Vehicle Safety Standards (FMVSS) No. 209 Seat Belt Assemblies.
Hyundai has filed an appropriate report pursuant to 49 CFR Part 573,
Defect and Noncompliance Responsibility and Reports.
[[Page 49239]]
Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule
at 49 CFR part 556), Hyundai has petitioned 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.
This notice of receipt of Hyundai's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
other exercise of judgment concerning the merits of the petition.
Affected are an unspecified quantity of seat belt replacement
assemblies delivered prior to May 9, 2008.
Paragraphs S4.1(k) and S4.1(l) of FMVSS No. 209 require:
(k) Installation instructions. 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, ``Motor Vehicle
Seat Belt Installations,'' November 1973. 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:
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)].
(l) Usage and maintenance instructions. 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.
Hyundai explains that the subject replacement seat belt assemblies
were sold without the installation, usage, and maintenance instructions
required by paragraphs in S4.1(k) and S4.1(l) of FMVSS 209.
Hyundai makes the argument that the replacement seat belt
assemblies in question are only made available to Hundai authorized
dealerships for their use or subsequent resale and that the Hyundai
parts ordering process used by its dealers clearly identifies the
correct replacement part required by model year, model, and seating
position. Furthermore, Hyundai states that its replacement seat belt
assemblies are designed to be installed properly only in their intended
application.
Hyundai additionally states that technicians at Hyundai dealerships
that replace seat belts have access to the installation instruction
information available in workshop manuals. Installers other than
Hyundai dealership technicians also have seat belt installation
information available because Hyundai workshop manual information,
including seat belt replacement information, is made available to the
general public on the Hyundai Service Web site (https://
www.hmaservice.com) which provides free access to every Hyundai Shop
Manual, including information about seat belt installation.
Hyundai additionally argues that a significant portion of paragraph
S4.1(k) appears to address a concern with proper installation of
aftermarket seat belts into vehicles that were not originally equipped
with these restraints. Hyundai also notes that SAE J800c which is cited
in the regulation involves installation of ``universal type seat belt
assemblies,'' particularly where no seat belt had previously been
installed, and that these concerns do not apply to replacement seat
belts. The vehicles involved in this petition have uniquely designed
seat belt components and replacement seat belt assemblies are installed
into the identical location from which the original parts were removed.
Hyundai also states that proper seat belt usage instructions are
clearly explained in the Owner's Manual that is included with each new
vehicle. Information concerning maintenance, periodic inspection for
wear and function of the seat belts, as well as for their proper usage
is included in the vehicle Owner Manual and this information equally
applies to replacement seat belt assemblies.
Hyundai first became aware of the noncompliance when it was
contacted by NHTSA in response to a consumer inquiry received by NHTSA.
Hyundai also stated that it has corrected the problem that caused
these errors so that they will not be repeated in future production.
In summation, Hyundai states that it believes that because the
noncompliances are inconsequential to motor vehicle safety that no
corrective action is warranted.
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 allow 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.
Interested persons are invited to submit written data, views, and
arguments on this petition. Comments must refer to the docket and
notice number cited at the beginning of this notice and be submitted by
any of the following methods:
a. By mail addressed to: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
b. By hand delivery to U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590. The Docket Section is open on
weekdays from 10 a.m. to 5 p.m. except Federal Holidays.
c. Electronically: by logging onto the Federal Docket Management
System (FDMS) Web site at https://www.regulations.gov/. Follow the
online instructions for submitting comments. Comments may also be faxed
to 1-202-493-2251.
Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that your comments were received, please
enclose a stamped, self-addressed postcard with the comments. Note that
all comments received will be posted without change to https://
www.regulations.gov, including any personal information provided.
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). DOT's complete Privacy
Act Statement in the Federal Register published on April 11, 2000 (65
FR 19477-78).
You may view documents submitted to a docket at the address and
times given above. You may also view the
[[Page 49240]]
documents on the Internet at https://www.regulations.gov by following
the online instructions for accessing the dockets available at that Web
site.
The petition, supporting materials, and all comments received
before the close of business on the closing date indicated below will
be filed and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the extent possible. When the petition is granted or
denied, notice of the decision will be published in the Federal
Register pursuant to the authority indicated below.
Comment closing date: September 19, 2008.
Authority: (49 U.S.C. 30118, 30120: delegations of authority at
CFR 1.50 and 501.8).
Issued on: August 14, 2008.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E8-19325 Filed 8-19-08; 8:45 am]
BILLING CODE 4910-59-P
