Hyundai-Kia America Technical Center, Inc., Grant of Petition for Decision of Inconsequential Noncompliance, 38445-38446 [2013-15282]

Download as PDF Federal Register / Vol. 78, No. 123 / Wednesday, June 26, 2013 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES 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 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 April 13, 2012 in the Federal Register (77 FR 22386). 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–2012– 0041.’’ Contact Information: For further information on this decision contact Mr. Lawrence Valvo, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366–5359, facsimile (202) 366–3081. Vehicles Involved: Affected are approximately 14,728 MY 2011 and 2012 Hyundai Sonata Hybrid vehicles produced beginning on December 2, 2010 and shipped to dealers through March 7, 2012 that are equipped with a center rear seat belt incorporating a release mechanism that detaches both the lap and shoulder portion at the lower anchorage point. Background Requirement: Section 4.1.5.5 of FMVSS No. 208 specially states: § 4.1.5.5 Passenger cars manufactured on or after September 1, 2007. § 4.1.5.5.1 Except as provided in § 4.1.5.5.2, each passenger car shall have a Type 2 seat belt assembly that conforms to Standard No. 209 and to § 7.1 and § 7.2 of this standard at each rear designated seating position, except that side-facing designated seating positions shall have a Type 1 or Type 2 seat belt assembly that conforms to Standard No. 209 and to § 7.1 and § 7.2 of this standard. § 4.1.5.5.2 Any inboard designated seating position on a seat for which the entire seat back can be folded (including the head restraints and any other part of the vehicle attached to the seat back) such that no part of the seat back extends above a horizontal plane located 250 mm above the highest SRP located on the seat may meet the requirements of § 4.1.5.5.1 by use of a belt incorporating a release mechanism that detaches both the lap and shoulder portion at either the upper or lower anchorage point, but not both. The means of detachment shall be a key or key-like object. Summary of Hyundai’s Analyses: Hyundai explains that the VerDate Mar<15>2010 20:26 Jun 25, 2013 Jkt 229001 noncompliance is that the affected vehicles do not comply with § 4.1.5.5.2 because they are equipped with a nonfolding rear seat back and a center rear seat belt incorporating a release mechanism that detaches both the lap and shoulder portion at the lower anchorage point to allow improved assembly line procedures. Hyundai believes that the installation of a center rear seat belt incorporating a release mechanism that detaches both the lap and shoulder portion at the lower anchorage point in a vehicle with a non-folding rear seat back is inconsequential as it relates to motor vehicle safety. The seat belt assembly complies with FMVSS No. 208 requirements and with FMVSS No. 209 requirements, with the sole exception that it may be detached from the lower anchorage by use of a tool, such as a key or key-like object. If the rear seat back of the Sonata Hybrid vehicle was simply capable of being folded, which would have no effect upon seat belt performance; this detachable aspect would not result in a compliance issue. Hyundai also stated its belief that it is clear from the intended difficulty in detaching the seat belt and the instructions contained in the vehicle owner’s manual that the seat belt should not be detached. Further, in the Sonata Hybrid with a fixed rear seat back, there is no advantage or reason for the owner to detach the center rear seat belt from the lower anchorage. Based on these arguments, Hyundai Motor Company does not believe that it is appropriate to conduct a recall campaign to replace the center rear seat belts in vehicles that have been delivered to customers. Hyundai has additionally informed NHTSA that it has corrected the noncompliance so that all future production vehicles will comply with FMVSS No. 208. In summation, Hyundai believes that the described noncompliance of the subject vehicles is inconsequential to motor vehicle safety, and that its petition, to exempt from providing recall notification of noncompliance as required by 49 U.S.C. 30118 and remedying the recall noncompliance as required by 49 U.S.C. 30120 should be granted. NHTSA Decision: NHTSA has reviewed and accepts Hyundai’s analyses that the noncompliance is inconsequential to motor vehicle safety. Hyundai has provided sufficient documentation that the center rear seat belt does comply with all other safety performance requirements of FMVSS No. 208 and has met its burden of persuasion. Accordingly, Hyundai’s PO 00000 Frm 00161 Fmt 4703 Sfmt 4703 38445 petition is hereby granted, and Hyundai is exempted from the obligation of providing notification of, and a remedy for, that noncompliance under 49 U.S.C. 30118 and 30120. 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. Therefore, this decision only applies to the 14,728 vehicles that Hyundai no longer controlled at the time it determined that a noncompliance existed. However, the granting of this petition does not relieve distributors and dealers of the prohibitions on the sale, offer for sale, or introduction or delivery for introduction into interstate commerce of the noncompliant vehicles under their control after Hyundai notified them that the subject noncompliance existed. Authority: 49 U.S.C. 30118, 30120: delegations of authority at 49 CFR 1.95 and 501.8. Issued On: June 20, 2013. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. 2013–15281 Filed 6–25–13; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2012–0045; Notice 2] Hyundai-Kia America Technical Center, Inc., Grant of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration, DOT. ACTION: Grant of Petition. AGENCY: Hyundai America Technical Center, Inc. on behalf of Hyundai Motor Company (collectively referred to as ‘‘Hyundai’’) 1 has determined that certain model year (MY) 2012 Hyundai Veracruz multipurpose passenger vehicles (MPV) manufactured August 9, 2011, through January 8, 2012, that were equipped with 7J x 18 wheel rims, do not fully comply with paragraph § 4.3.3 of Federal Motor Vehicle Safety Standard (FMVSS) No. 110, Tire Selection and Rims and Motor Home/ SUMMARY: 1 Hyundai America Technical Center, Inc., is a corporation registered under the laws of the state of Michigan. E:\FR\FM\26JNN1.SGM 26JNN1 38446 Federal Register / Vol. 78, No. 123 / Wednesday, June 26, 2013 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES Recreation Vehicle Trailer Load Carrying Capacity Information for Motor Vehicles with a GVWR of 4,536 Kilograms (10,000 pounds) or less. Hyundai has filed an appropriate report dated February 9, 2012, 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 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 June 7, 2012 in the Federal Register (77 FR 33807). 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–2012– 0045.’’ Contact Information: For further information on this decision contact Ms. Amina Fisher, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366–5307, facsimile (202) 366–5930. Vehicles Involved: Affected are approximately 2,764 model year 2012 Hyundai Veracruz vehicles produced beginning on August 9, 2011, through January 8, 2012, that were equipped with 7J x 18 wheel rims at the assembly plant. Background Requirement: Section § 4.3.3 of FMVSS No. 110 specially states: § 4.3.3 Additional labeling information for vehicles other than passenger cars. Each vehicle shall show the size designation and, if applicable, the type designation of rims (not necessarily those on the vehicle) appropriate for the tire appropriate for use on that vehicle, including the tire installed as original equipment on the vehicle by the vehicle manufacturer, after each GAWR listed on the certification label required by § 567.4 or § 567.5 of this chapter. This information shall be in the English language, lettered in block capitals and numerals not less than 2.4 millimeters high and in the following format Truck Example—Suitable Tire-Rim Choice. GVWR: 2,441 kilograms (5381 pounds). GAWR: Front—1,299 kilograms (2,864 pounds) with P265/70R16 tires, 16 × 8.0 rims at 248 kPa (36 psi) cold single. GAWR: Rear—1,299 kilograms (2,864 pounds) with P265/70R16 tires, 16 × 8.00 rims, at 248 kPa (36 psi) cold single. VerDate Mar<15>2010 20:26 Jun 25, 2013 Jkt 229001 Summary of Hyundai’s Analyses: Hyundai explains that the noncompliance is that the rim size information required by paragraph § 4.3.3 of FMVSS No. 110 was omitted from the certification labels that it installed on the affected vehicles. Hyundai stated its belief that the subject noncompliance is inconsequential to motor vehicle safety for the following reasons: 1. The missing rim size information on the certification label is inconsequential as it relates to motor vehicle safety, because this information is readily available to the vehicle owner through other sources that are required to be furnished with the vehicle. The rim size is marked on the rims and is included in the Owner’s Manual, which is referenced as an information source by the tire placard which is positioned adjacent to the certification label on the ‘‘B’’ pillar. FMVSS No. 110 § 4.4.2(b) 2 requires that each rim be marked with the rim size designation. The affected vehicles are equipped with rims that are marked with the rim size and meet the requirements of FMVSS No. 110 § 4.4.2. 2. The tire placard required by FMVSS No. 110 § 4.3(d) requires that the tire size designation be provided for the tires installed at the time of the first purchase and FMVSS No. 110 § 4.3(f) requires that the placard state ‘‘See Owner’s Manual for Additional Information’’. The affected vehicles are equipped with placards that meet the requirements of FMVSS No. 110 § 4.3. Hyundai also stated that they are not aware of any notices, bulletins, or other communications that relate directly to the noncompliance sent to more than one manufacturer, distributor, dealer, or purchaser. Hyundai has additionally informed NHTSA that it has corrected the noncompliance so that all future production vehicles will comply with FMVSS No. 110. In summation, Hyundai believes that the described noncompliance of the subject vehicles is inconsequential to motor vehicle safety, and that its petition, to exempt from providing recall notification of noncompliance as required by 49 U.S.C. 30118 and remedying the recall noncompliance as required by 49 U.S.C. 30120 should be granted. NHTSA Decision: NHTSA has reviewed and accepts Hyundai’s analyses that the noncompliance is inconsequential to motor vehicle safety. 2 The citation that Hyundai referenced for rim size designation marking requirements in its petition, paragraph § 4.2.2, is incorrect. The correct citation is paragraph § 4.4.2. PO 00000 Frm 00162 Fmt 4703 Sfmt 4703 Hyundai has provided sufficient documentation that other than the labeling error, the vehicles comply with all other safety performance requirements of FMVSS No. 110. Since the missing information is provided in other locations, Hyundai has met its burden of persuasion. Accordingly, Hyundai’s petition is hereby granted, and Hyundai is exempted from the obligation of providing notification of, and a remedy for, that noncompliance under 49 U.S.C. 30118 and 30120. 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. Therefore, this decision only applies to the vehicles that Hyundai no longer controlled at the time it determined that a noncompliance existed. Therefore, this decision only applies to the approximately 2,764 vehicles that Hyundai no longer controlled at the time that it determined that the noncompliance existed. However, the granting of this petition does not relieve distributors and dealers of the prohibitions on the sale, offer for sale, or introduction or delivery for introduction into interstate commerce of the noncompliant vehicles under their control after Hyundai notified them that the subject noncompliance existed. Authority: 49 U.S.C. 30118, 30120: delegations of authority at 49 CFR 1.95 and 501.8. Issued on: June 20, 2013. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. 2013–15282 Filed 6–25–13; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF THE TREASURY Submission for OMB Review; Comment Request May 21, 2013. The Department of the Treasury will submit the following information collection requests to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, Public Law 104–13, on or after the date of publication of this notice. DATES: Comments should be received on or before July 26, 2013 to be assured of consideration. E:\FR\FM\26JNN1.SGM 26JNN1

Agencies

[Federal Register Volume 78, Number 123 (Wednesday, June 26, 2013)]
[Notices]
[Pages 38445-38446]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15282]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2012-0045; Notice 2]


Hyundai-Kia America Technical Center, Inc., Grant of Petition for 
Decision of Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Grant of Petition.

-----------------------------------------------------------------------

SUMMARY: Hyundai America Technical Center, Inc. on behalf of Hyundai 
Motor Company (collectively referred to as ``Hyundai'') \1\ has 
determined that certain model year (MY) 2012 Hyundai Veracruz 
multipurpose passenger vehicles (MPV) manufactured August 9, 2011, 
through January 8, 2012, that were equipped with 7J x 18 wheel rims, do 
not fully comply with paragraph Sec.  4.3.3 of Federal Motor Vehicle 
Safety Standard (FMVSS) No. 110, Tire Selection and Rims and Motor 
Home/

[[Page 38446]]

Recreation Vehicle Trailer Load Carrying Capacity Information for Motor 
Vehicles with a GVWR of 4,536 Kilograms (10,000 pounds) or less. 
Hyundai has filed an appropriate report dated February 9, 2012, 
pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility 
and Reports.
---------------------------------------------------------------------------

    \1\ Hyundai America Technical Center, Inc., is a corporation 
registered under the laws of the state of Michigan.
---------------------------------------------------------------------------

    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 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 June 7, 2012 in the Federal Register (77 FR 33807). 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-2012-0045.''
    Contact Information: For further information on this decision 
contact Ms. Amina Fisher, Office of Vehicle Safety Compliance, the 
National Highway Traffic Safety Administration (NHTSA), telephone (202) 
366-5307, facsimile (202) 366-5930.
    Vehicles Involved: Affected are approximately 2,764 model year 2012 
Hyundai Veracruz vehicles produced beginning on August 9, 2011, through 
January 8, 2012, that were equipped with 7J x 18 wheel rims at the 
assembly plant.
    Background Requirement: Section Sec.  4.3.3 of FMVSS No. 110 
specially states:

    Sec.  4.3.3 Additional labeling information for vehicles other 
than passenger cars. Each vehicle shall show the size designation 
and, if applicable, the type designation of rims (not necessarily 
those on the vehicle) appropriate for the tire appropriate for use 
on that vehicle, including the tire installed as original equipment 
on the vehicle by the vehicle manufacturer, after each GAWR listed 
on the certification label required by Sec.  567.4 or Sec.  567.5 of 
this chapter. This information shall be in the English language, 
lettered in block capitals and numerals not less than 2.4 
millimeters high and in the following format
    Truck Example--Suitable Tire-Rim Choice.
    GVWR: 2,441 kilograms (5381 pounds).
    GAWR: Front--1,299 kilograms (2,864 pounds) with P265/70R16 
tires, 16 x 8.0 rims at 248 kPa (36 psi) cold single.
    GAWR: Rear--1,299 kilograms (2,864 pounds) with P265/70R16 
tires, 16 x 8.00 rims, at 248 kPa (36 psi) cold single.

    Summary of Hyundai's Analyses: Hyundai explains that the 
noncompliance is that the rim size information required by paragraph 
Sec.  4.3.3 of FMVSS No. 110 was omitted from the certification labels 
that it installed on the affected vehicles.
    Hyundai stated its belief that the subject noncompliance is 
inconsequential to motor vehicle safety for the following reasons:
    1. The missing rim size information on the certification label is 
inconsequential as it relates to motor vehicle safety, because this 
information is readily available to the vehicle owner through other 
sources that are required to be furnished with the vehicle. The rim 
size is marked on the rims and is included in the Owner's Manual, which 
is referenced as an information source by the tire placard which is 
positioned adjacent to the certification label on the ``B'' pillar. 
FMVSS No. 110 Sec.  4.4.2(b) \2\ requires that each rim be marked with 
the rim size designation. The affected vehicles are equipped with rims 
that are marked with the rim size and meet the requirements of FMVSS 
No. 110 Sec.  4.4.2.
---------------------------------------------------------------------------

    \2\ The citation that Hyundai referenced for rim size 
designation marking requirements in its petition, paragraph Sec.  
4.2.2, is incorrect. The correct citation is paragraph Sec.  4.4.2.
---------------------------------------------------------------------------

    2. The tire placard required by FMVSS No. 110 Sec.  4.3(d) requires 
that the tire size designation be provided for the tires installed at 
the time of the first purchase and FMVSS No. 110 Sec.  4.3(f) requires 
that the placard state ``See Owner's Manual for Additional 
Information''. The affected vehicles are equipped with placards that 
meet the requirements of FMVSS No. 110 Sec.  4.3.
    Hyundai also stated that they are not aware of any notices, 
bulletins, or other communications that relate directly to the 
noncompliance sent to more than one manufacturer, distributor, dealer, 
or purchaser.
    Hyundai has additionally informed NHTSA that it has corrected the 
noncompliance so that all future production vehicles will comply with 
FMVSS No. 110.
    In summation, Hyundai believes that the described noncompliance of 
the subject vehicles is inconsequential to motor vehicle safety, and 
that its petition, to exempt from providing recall notification of 
noncompliance as required by 49 U.S.C. 30118 and remedying the recall 
noncompliance as required by 49 U.S.C. 30120 should be granted.
    NHTSA Decision: NHTSA has reviewed and accepts Hyundai's analyses 
that the noncompliance is inconsequential to motor vehicle safety. 
Hyundai has provided sufficient documentation that other than the 
labeling error, the vehicles comply with all other safety performance 
requirements of FMVSS No. 110. Since the missing information is 
provided in other locations, Hyundai has met its burden of persuasion. 
Accordingly, Hyundai's petition is hereby granted, and Hyundai is 
exempted from the obligation of providing notification of, and a remedy 
for, that noncompliance under 49 U.S.C. 30118 and 30120.
    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. Therefore, this decision 
only applies to the vehicles that Hyundai no longer controlled at the 
time it determined that a noncompliance existed. Therefore, this 
decision only applies to the approximately 2,764 vehicles that Hyundai 
no longer controlled at the time that it determined that the 
noncompliance existed. However, the granting of this petition does not 
relieve distributors and dealers of the prohibitions on the sale, offer 
for sale, or introduction or delivery for introduction into interstate 
commerce of the noncompliant vehicles under their control after Hyundai 
notified them that the subject noncompliance existed.

    Authority:  49 U.S.C. 30118, 30120: delegations of authority at 
49 CFR 1.95 and 501.8.

    Issued on: June 20, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-15282 Filed 6-25-13; 8:45 am]
BILLING CODE 4910-59-P

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