Hyundai Motor Company, Grant of Petition for Decision of Inconsequential Noncompliance, 9125-9127 [E9-4275]
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Federal Register / Vol. 74, No. 39 / Monday, March 2, 2009 / Notices
DATES: Comments must be received on
or before April 1, 2009.
ADDRESSES: Documents reflecting this
FAA action may be reviewed at 2300
East Devon Avenue, Des Plaines,
Illinois, or at City of Chicago
Department of Aviation, 10610 Zemke
Road, Chicago, Illinois.
FOR FURTHER INFORMATION CONTACT:
James G. Keefer, Manager, Chicago
Airports District Office, Federal
Aviation Administration, 2300 East
Devon Avenue, Des Plaines, Illinois,
60018. Telephone Number 847–294–
7336/FAX Number 847–294–7046.
SUPPLEMENTARY INFORMATION: The FAA
invites public comment on the request
to release property at Chicago Midway
International Airport under the
provisions of AIR 21. The following is
a brief overview of the request:
The City of Chicago, the owner of
Chicago Midway International Airport,
requests the release of certain parcels of
land from airport property for the
following purposes: (1) To enable the
exchange of certain city-owned airport
land for other City-owned non-airport
land contiguous to airport property; (2)
to reflect the relocation of certain public
roadways for airport development; and
(3) to release certain city-owned airport
land that is no longer used or needed for
airport purposes. Neither the use nor the
ownership of the property will change
as a result of this request. The requested
release will bring the airport Exhibit A
map into conformance with its existing
land use.
The City of Chicago Department of
Aviation has requested to release to the
City of Chicago Department of
Transportation, for use by the Chicago
Transit Authority approximately 2.02
acres of city-owned airport land, located
south of vacated West 59th Street, north
of relocated West 59th Street and east of
the airport’s southern entrance roads, in
exchange for approximately 2.18 acres
of City-owned non-airport land, located
north of vacated West 59th Street, east
of the airport terminal and west of the
Chicago Transit Authority’s Orange Line
train station, will be added to the
airport. The City also requests the
release of airport land used for relocated
public roadways consisting of
approximately 6.77 acres.
The relocated public roadways
include portions of South Cicero
Avenue between West 53rd Street and
West 61st Street and portions of West
59th Street between the Beltline
Railroad and South Cicero Avenue. The
airport has received approximately
15.53 acres from the vacation of former
public roadways, including the
roadways that were relocated. The City
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12:24 Feb 27, 2009
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wants to release Parcel 10 and
easements for Parcels 1 and 4. The
parcel and easements, originally
acquired for airport navigational aid
purposes are no longer needed. Parcel
10, consisting of approximately 0.18
acres, was acquired with Federal
financial assistance in 1958 for
navigational aids that were eventually
located elsewhere. Parcel 10 is located
approximately 1555 feet northwest of
the airport, it is beyond the end of the
runway safety zone, and it is not needed
for any airport purposes. The City will
return the fair market value proceeds of
Parcel 10 to the Chicago Airport system.
Issued in Des Plaines, Illinois, on February
17, 2009.
James G. Keefer,
Manager, Chicago Airports District Office.
[FR Doc. E9–4350 Filed 2–27–09; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Final Federal Agency Actions on
Proposed Highway in North Carolina
AGENCY: Federal Highway
Administration (FHWA), DOT.
ACTION: Notice; correction.
This notice corrects an error
in the FHWA notice published on
February 17, 2009, at 74 FR 7535. The
notice announced that actions taken by
the United States Army Corps of
Engineers (USACE) and other Federal
agencies were final within the meaning
of 23 U.S.C. 139(I)(1). The actions
related to a proposed highway project,
the Triangle Parkway, which begins at
NC 540 in Wake County and ends at I–
40 in Durham County, North Carolina.
The Triangle Parkway is also known as
State Transportation Improvement
Program Project U–4763B. Those actions
granted licenses, permits, and approvals
for the project.
FOR FURTHER INFORMATION CONTACT: Mr.
George Hoops, P.E., Major Projects
Engineer, Federal Highway
Administration, 310 New Bern Avenue,
Suite 410, Raleigh, North Carolina,
27601–1418, Telephone: (919) 747–
7022; e-mail:
george.hoops@fhwa.dot.gov. (Regular
business hours are 8 a.m. to 5 p.m.). Ms.
Jennifer Harris, P.E., Staff Engineer,
North Carolina Turnpike Authority,
5400 Glenwood Avenue, Suite 400,
Raleigh, North Carolina, 27612,
Telephone: (919) 571–3004; e-mail:
jennifer.harris@ncturnpike.org. (Regular
business hours are 8 a.m. to 5 p.m.). Mr.
Eric Alsmeyer, Project Manager, U.S.
SUMMARY:
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9125
Army Corps of Engineers, Raleigh
Regulatory Field Office, 3331 Heritage
Trade Drive, Suite 105, Wake Forest,
North Carolina, 27587, Telephone: (919)
554–4884, extension 23; e-mail:
Eric.C.Alsmeyer@usace.army.mil
(Regular business hours are 8 a.m. to 5
p.m.).
SUPPLEMENTARY INFORMATION: On
February 17, 2009, at 74 FR 7535, the
FHWA issued a notice announcing that
the USACE had taken final action
within the meaning of 23 U.S.C.
139(I)(1) by issuing permits and
approvals for the Triangle Parkway, a
3.4-mile long, multi-lane, fully accesscontrolled, new location roadway. The
SUPPLEMENTARY INFORMATION section of
that notice listed an incorrect
Department of the Army Permit
Number. The purpose of this notice is
to correct the Department of the Army
Permit Number. The correct Department
of the Army Permit Number is
200620445.
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Planning
and Construction. The regulations
implementing Executive Order 12372
regarding intergovernmental consultation on
Federal programs and activities apply to this
program.)
Authority: 23 U.S.C. 139(I)(1).
Issued on: February 20, 2009.
George Hoops,
Major Projects Engineer, Federal Highway
Administration, Raleigh, North Carolina.
[FR Doc. E9–4269 Filed 2–27–09; 8:45 am]
BILLING CODE 4910–RY–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2008–0133; Notice 2]
Hyundai Motor Company, Grant 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 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.
Pursuant to 49 U.S.C. 30118(d) and
30120(h) and the rule implementing
those provisions at 49 CFR Part 556,
Hyundai has petitioned for an
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Federal Register / Vol. 74, No. 39 / Monday, March 2, 2009 / Notices
erowe on PROD1PC63 with NOTICES
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. Notice of receipt of
the petition was published, with a 30day public comment period, on August
20, 2008 in the Federal Register (73 FR
49238). No comments were received. To
view the petition and all supporting
documents log onto the Federal Docket
Management System (FDMS) Web site
at: https://www.regulations.gov/. Then
follow the online search instructions to
locate docket number ‘‘NHTSA–2008–
0133.’’
For further information on this
decision, contact Ms. Claudia Covell,
Office of Vehicle Safety Compliance, the
National Highway Traffic Safety
Administration (NHTSA), telephone
(202) 366–5293, facsimile (202) 366–
7002.
Affected are an unknown number of
replacement seat belt assemblies sold
for various model and model year
Hyundai vehicles 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
VerDate Nov<24>2008
12:24 Feb 27, 2009
Jkt 217001
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 S4.1(k) and S4.1(1) of
FMVSS 209.
Hyundai makes the argument that the
replacement seat belt assemblies in
question are only made available to
Hyundai 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 Hyundai Shop Manuals.
Installers other than Hyundai dealership
technicians also have seat belt
installation information available
because Hyundai Shop 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
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Fmt 4703
Sfmt 4703
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 Decision
To help ensure proper selection,
installation, usage, and maintenance of
seat belt assemblies, paragraph S4.1(k)
of FMVSS No. 209 requires that
installation, usage, and maintenance
instructions be provided with seat belt
assemblies, other than those installed by
an automobile manufacturer.
First, we note that the subject seat belt
assemblies are only made available to
Hyundai authorized dealerships for
their use or subsequent resale. Because
the parts ordering process used by
Hyundai authorized dealerships clearly
identifies the correct service part
required by model year, model, and
seating position, NHTSA believes that
there is little likelihood that an
inappropriate seat belt assembly will be
provided for a specific seating position
within a Hyundai vehicle.
Second, we note that technicians at
Hyundai dealerships have access to the
seat belt assembly installation
instruction information in Hyundai
Shop Manuals. In addition, installers
other than Hyundai dealership
technicians can access the installation
instructions on the Hyundai Web sites
and through other aftermarket service
information compilers. We also believe
that Hyundai is correct in stating that
the seat belt assemblies are designed to
be installed properly only in their
intended application. Thus, we
conclude that sufficient safeguards are
in place to prevent the installation of an
improper seat belt assembly.
NHTSA recognizes the importance of
having installation instructions
available to installers and 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 resulting in an incorrectly
installed seat belt assembly. However,
because the seat belt assemblies are
designed to be installed properly only in
their intended application and the
installation information is widely
available to the public, it appears that
there is little likelihood that installers
will not be able to access the installation
instructions. Furthermore, we note that
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Federal Register / Vol. 74, No. 39 / Monday, March 2, 2009 / Notices
Hyundai has stated that they are not
aware of any customer field reports of
service seat belt assemblies being
incorrectly installed in the subject
applications, nor aware of any reports
requesting installation instructions.
These findings suggest that it is unlikely
that seat belts have been improperly
installed.
In addition, although 49 CFR Part
571.209 paragraph S4.1(k) requires
certain instructions specified in SAE
Recommended Practice J800c be
included in seat belt replacement
instructions, that requirement applies to
seat belts intended to be installed in
seating positions where seat belts do not
already exist. The subject seat belt
assemblies are only intended to be used
for replacement of original equipment
seat belts; therefore, the instructions do
not apply to the subject seat belt
assemblies.1
With respect to seat belt usage and
inspection instructions, we note that
this information is available in the
Owner Handbooks that are included
with each new vehicle as well as free of
charge on the Hyundai Web sites and
apply to the replacement seat belt
assemblies installed in these vehicles.
Thus, with respect to usage and
maintenance instructions, it appears
that Hyundai has met the intent of
S4.1(l) of FMVSS No. 209 for the subject
vehicles using alternate methods for
notification.
NHTSA has granted similar petitions
for noncompliance with seat belt
assembly installation and usage
instruction standards. 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). In all of
these cases, the petitioners
demonstrated that the noncompliant
seat belt 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 Hyundai has
met its burden of persuasion that the
seatbelt installation and usage
instruction noncompliances described
1 Subaru of America, Inc.; Grant of Application
for Decision of Inconsequential Non-Compliance
(65 FR 67472).
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12:24 Feb 27, 2009
Jkt 217001
are inconsequential to motor vehicle
safety. Accordingly, Hyundai’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 May 9, 2008, must comply fully
with the requirements of FMVSS No.
209.
Authority: 49 U.S.C. 30118, 30120;
delegations of authority at 49 CFR 1.50 and
501.8.
Issued on: February 24, 2009.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. E9–4275 Filed 2–27–09; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF THE TREASURY
Financial Crimes Enforcement Network
Proposed Renewal Without Change;
Comment Request; Anti-Money
Laundering Programs for Various
Financial Institutions
AGENCY: Financial Crimes Enforcement
Network, Department of the Treasury.
ACTION: Notice and request for
comments.
SUMMARY: As part of our continuing
effort to reduce paperwork and
respondent burden, we invite comment
on a proposed renewal, without change,
to information collections found in
existing regulations requiring money
services businesses, mutual funds,
operators of credit card systems, dealers
in precious metals, stones, or jewels,
and certain insurance companies to
develop and implement written antimoney laundering programs reasonably
designed to prevent those financial
institutions from being used to facilitate
money laundering and the financing of
terrorist activities. This request for
comments is being made pursuant to the
Paperwork Reduction Act of 1995,
Public Law 104–13, 44 U.S.C.
3506(c)(2)(A).
DATES: Written comments are welcome
and must be received on or before May
1, 2009.
ADDRESSES: Written comments should
be submitted to: Financial Crimes
Enforcement Network, P.O. Box 39,
Vienna, VA 22183, Attention: AntiMoney Laundering Program Comments.
Comments also may be submitted by
electronic mail to the following Internet
address: regcomments@fincen.gov, again
with a caption, in the body of the text,
PO 00000
Frm 00052
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9127
‘‘Attention: Anti-Money Laundering
Program Comments.’’
FOR FURTHER INFORMATION CONTACT:
Financial Crimes Enforcement Network,
Regulatory Policy and Programs
Division at (800) 949–2732, option 6.
SUPPLEMENTARY INFORMATION:
Abstract: The Director of the
Financial Crimes Enforcement Network
is the delegated administrator of the
Bank Secrecy Act. The Act authorizes
the Director to issue regulations to
require all financial institutions defined
as such in the Act to maintain or file
certain reports or records that have been
determined to have a high degree of
usefulness in criminal, tax, or regulatory
investigations or proceedings, or in the
conduct of intelligence or counterintelligence activities, including
analysis, to protect against international
terrorism, and to implement anti-money
laundering programs and compliance
procedures.1
Regulations implementing section
5318(h)(1) of the Act are found in part
at 31 CFR 103.125, 103.130, 103.135,
103.137, and 103.140. In general, the
regulations require financial
institutions, as defined in 31 U.S.C.
5312(a)(2) and 31 CFR 103.11 to
establish, document, and maintain antimoney laundering programs as an aid in
protecting and securing the U.S.
financial system.
1. Titles: Anti-money laundering
programs for money services businesses
(31 CFR 103.125), Anti-money
laundering programs for mutual funds
(31 CFR 103.130), Anti-money
laundering programs for operators of
credit card systems (31 CFR 103.135).
Office of Management and Budget
Control Number: 1506–0020.
Abstract: Money services businesses,
mutual funds, and operators of credit
card systems are required to develop
and implement written anti-money
laundering programs. A copy of the
written program must be maintained for
five years.
Current Action: There is no change to
existing regulations.
Type of Review: Extension of a
currently approved information
collection.
Affected Public: Business and other
for-profit institutions.
Burden: Estimated Number of
Respondents: 203,006.
1 Public Law 91–508, as amended and codified at
12 U.S.C. 1829b, 12 U.S.C. 1951–1959 and 31 U.S.C.
5311–5332. Language expanding the scope of the
Bank Secrecy Act to intelligence or counterintelligence activities to protect against
international terrorism was added by section 358 of
the Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept
and Obstruct Terrorism (USA PATRIOT) Act of
2001, Public Law No. 107–56.
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]]>Agencies
[Federal Register Volume 74, Number 39 (Monday, March 2, 2009)]
[Notices]
[Pages 9125-9127]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-4275]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2008-0133; Notice 2]
Hyundai Motor Company, Grant 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 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.
Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule
implementing those provisions at 49 CFR Part 556, Hyundai has
petitioned for an
[[Page 9126]]
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. Notice of receipt of the petition was published,
with a 30-day public comment period, on August 20, 2008 in the Federal
Register (73 FR 49238). No comments were received. To view the petition
and all supporting documents log onto the Federal Docket Management
System (FDMS) Web site at: https://www.regulations.gov/. Then follow the
online search instructions to locate docket number ``NHTSA-2008-0133.''
For further information on this decision, contact Ms. Claudia
Covell, Office of Vehicle Safety Compliance, the National Highway
Traffic Safety Administration (NHTSA), telephone (202) 366-5293,
facsimile (202) 366-7002.
Affected are an unknown number of replacement seat belt assemblies
sold for various model and model year Hyundai vehicles 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 S4.1(k) and S4.1(1) of FMVSS 209.
Hyundai makes the argument that the replacement seat belt
assemblies in question are only made available to Hyundai 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 Hyundai Shop Manuals. Installers other than
Hyundai dealership technicians also have seat belt installation
information available because Hyundai Shop 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 Decision
To help ensure proper selection, installation, usage, and
maintenance of seat belt assemblies, paragraph S4.1(k) of FMVSS No. 209
requires that installation, usage, and maintenance instructions be
provided with seat belt assemblies, other than those installed by an
automobile manufacturer.
First, we note that the subject seat belt assemblies are only made
available to Hyundai authorized dealerships for their use or subsequent
resale. Because the parts ordering process used by Hyundai authorized
dealerships clearly identifies the correct service part required by
model year, model, and seating position, NHTSA believes that there is
little likelihood that an inappropriate seat belt assembly will be
provided for a specific seating position within a Hyundai vehicle.
Second, we note that technicians at Hyundai dealerships have access
to the seat belt assembly installation instruction information in
Hyundai Shop Manuals. In addition, installers other than Hyundai
dealership technicians can access the installation instructions on the
Hyundai Web sites and through other aftermarket service information
compilers. We also believe that Hyundai is correct in stating that the
seat belt assemblies are designed to be installed properly only in
their intended application. Thus, we conclude that sufficient
safeguards are in place to prevent the installation of an improper seat
belt assembly.
NHTSA recognizes the importance of having installation instructions
available to installers and 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 resulting in an incorrectly installed seat
belt assembly. However, because the seat belt assemblies are designed
to be installed properly only in their intended application and the
installation information is widely available to the public, it appears
that there is little likelihood that installers will not be able to
access the installation instructions. Furthermore, we note that
[[Page 9127]]
Hyundai has stated that they are not aware of any customer field
reports of service seat belt assemblies being incorrectly installed in
the subject applications, nor aware of any reports requesting
installation instructions. These findings suggest that it is unlikely
that seat belts have been improperly installed.
In addition, although 49 CFR Part 571.209 paragraph S4.1(k)
requires certain instructions specified in SAE Recommended Practice
J800c be included in seat belt replacement instructions, that
requirement applies to seat belts intended to be installed in seating
positions where seat belts do not already exist. The subject seat belt
assemblies are only intended to be used for replacement of original
equipment seat belts; therefore, the instructions do not apply to the
subject seat belt assemblies.\1\
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\1\ Subaru of America, Inc.; Grant of Application for Decision
of Inconsequential Non-Compliance (65 FR 67472).
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With respect to seat belt usage and inspection instructions, we
note that this information is available in the Owner Handbooks that are
included with each new vehicle as well as free of charge on the Hyundai
Web sites and apply to the replacement seat belt assemblies installed
in these vehicles. Thus, with respect to usage and maintenance
instructions, it appears that Hyundai has met the intent of S4.1(l) of
FMVSS No. 209 for the subject vehicles using alternate methods for
notification.
NHTSA has granted similar petitions for noncompliance with seat
belt assembly installation and usage instruction standards. 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). In all of these
cases, the petitioners demonstrated that the noncompliant seat belt
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 Hyundai
has met its burden of persuasion that the seatbelt installation and
usage instruction noncompliances described are inconsequential to motor
vehicle safety. Accordingly, Hyundai'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 May 9, 2008, must comply fully with the requirements of FMVSS No.
209.
Authority: 49 U.S.C. 30118, 30120; delegations of authority at
49 CFR 1.50 and 501.8.
Issued on: February 24, 2009.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. E9-4275 Filed 2-27-09; 8:45 am]
BILLING CODE 4910-59-P
