[Federal Register: August 1, 2003 (Volume 68, Number 148)]
[Notices]
[Page 45308-45309]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01au03-119]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Denial of Motor Vehicle Defect Petition
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
ACTION: Denial of petition for a defect investigation.
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SUMMARY: This notice sets forth the reasons for the denial of a
petition submitted by Mr. Jon Welch, dated February 15, 2003, and
received by the NHTSA's Office of Defects Investigation (ODI) on March
10, 2003, under 49 U.S.C. 30162, requesting that the agency commence a
proceeding to determine the existence of a defect related to motor
vehicle safety with respect to the air bag system in model year (MY)
1999 Hyundai Sonata vehicles. After a review of the petition and other
information, NHTSA has concluded that further expenditure of the
agency's investigative resources on the issues raised by the petition
does not appear to be warranted. The agency accordingly
[[Page 45309]]
has denied the petition. The petition is hereinafter identified as
DP03-001.
FOR FURTHER INFORMATION CONTACT: Mr. Christopher J. Wiacek, Defects
Assessment Division, Office of Defects Investigation, NHTSA, 400
Seventh Street, SW., Washington, DC 20590. Telephone: (202) 366-7042.
SUPPLEMENTARY INFORMATION: By letter dated February 15, 2003, Mr. Jon
Welch submitted a petition requesting that the agency investigate the
performance of the frontal air bag system of MY 1999 Hyundai Sonata
vehicles (subject vehicles). The petitioner alleges that the front air
bags do not deploy when a vehicle is subjected to certain frontal
crashes. Mr. Welch petitioned the agency after his vehicle was involved
in a frontal crash in which the air bags did not deploy and the driver
sustained injuries.
ODI requested information from Hyundai America Technical Center,
Inc. (Hyundai), pertaining to the air bag system in MY 1999 through
2001 Sonata vehicles. The subject vehicle was a new design for MY 1999.
According to Hyundai, MY 2000 and 2001 Sonatas employ the same frontal
air bag system. Hyundai has produced for sale in the United States
119,469 MY 1999 through 2001 Sonata vehicles, including 23,988 MY 1999,
49,397 MY 2000, and 46,084 MY 2001 vehicles. Hyundai stated in its
response that it has received 49 reports of the frontal air bags in MY
1999 Sonata vehicles not deploying in a crash. These reports include
two of the four reports that ODI has received directly from consumers.
Hyundai received 84 allegations of the air bags not deploying in the MY
2000 vehicles and 63 such allegations with respect to the MY 2001
vehicles.
Hyundai stated in its response, ``Many owners do not realize that
air bag deployment is not required or beneficial in any and all
collisions. Many of these owners believe that an air bag should deploy
in any collision event, regardless of collision speed, angles or the
type of object that was struck. These owners believe that the existence
of any collision-induced damage is proof that air bags should have
deployed in a collision.''
Each manufacturer designs its vehicles so the air bags will deploy
if the severity of a crash exceeds a certain threshold. However, there
is no Federal requirement establishing a particular threshold. Most
manufacturers design their frontal air bags to deploy when the crash
severity is in the range of an 8 to 14 mph crash into a fixed solid
barrier. This severity is about the same as a crash into another
vehicle of equivalent weight at 16 to 28 mph. In lower speed crashes,
where the air bag does not deploy, occupant protection is provided by
the design of the interior surfaces in the vehicle, as well as by the
safety belts provided at each seating position.
In a crash, a number of factors, other than crash severity, can
affect whether an air bag will deploy; e.g., the angle of impact, the
speed of the other vehicle, and the amount of force absorbed by the
other vehicle or object that is impacted. Only an expert in crash
reconstruction can provide an educated opinion as to whether the air
bag in a vehicle should have deployed in a specific crash.
Hyundai included in its response police accident reports, crash
analyses, photographs, and other information with respect to many of
the consumer complaints. This information indicates that there have not
been any reports of front seat occupants sustaining fatal or
incapacitating injuries as a result of any of these incidents. The
injuries were relatively minor, such as bruising, lacerations, and
whiplash.
From the narrative complaint data, police accident reports, and
photographs of the crashed vehicles, it appears that most of the
incidents involved minor bumper or under-ride damage where the
vehicle's front structure was not impacted. In those cases where
Hyundai inspected the air bag electronic control module for a possible
system failure, there were no diagnostic fault codes found. According
to Hyundai, the modules appeared to have been operating properly in
those vehicles.
Some of the vehicle owners stated that the driver's frontal air bag
deployed, but the passenger's frontal air bag did not. In those
instances in which the front passenger seat was unoccupied, the vehicle
performed as designed. The subject vehicles are equipped with a front
passenger occupant detection system and will only deploy the passenger
air bag when the passenger seat is occupied.
Hyundai has recalled the subject vehicles (Recall numbers
01V347000, 02V105000 and 01V15002) to address safety defects related to
the side impact air bag system. Recall 01V347000 pertained to the air
bag warning light illuminating due to motion of the side impact air bag
wiring harness and the side impact air bag wiring harness connector.
According to Hyundai, if the air bag light is illuminated as a result
of this issue or the recall remedy was not performed, it would not
affect the performance of the frontal air bag system. Recalls 02V105000
and 01V15002 also concern the side impact air bag wiring harness
connector not being securely fastened to the side impact air bag wiring
harness. If the connection is not secure, the air bag warning light
could illuminate, and the side impact air bags may not deploy in an
appropriate crash. Again, these recalls are unrelated to the
performance of the frontal air bags in these vehicles.
In view of the foregoing, it is unlikely that the NHTSA would issue
an order for the notification and remedy of the alleged defect as
defined by the petitioner at the conclusion of the investigation
requested in the petition. Therefore, in view of the need to allocate
and prioritize the NHTSA's limited resources to best accomplish the
agency's safety mission, the petition is denied.
Authority: 49 U.S.C. 30162(d); delegations of authority at CFR
1.50 and 501.8.
Issued: July 28, 2003.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 03-19546 Filed 7-31-03; 8:45 am]
BILLING CODE 4910-59-P