[Federal Register: March 25, 2008 (Volume 73, Number 58)]
[Notices]
[Page 15835-15837]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25mr08-121]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2008-0048; Notice 1]
Hyundai Motor Company, Receipt of Petition for Decision of
Inconsequential Noncompliance
Hyundai Motor Company (Hyundai), has determined that certain
vehicles that it manufactured during the period beginning July 14, 2006
through November 23, 2007, did not fully comply with paragraph S9.5 of
49 CFR 571.225 (Federal Motor Vehicle Safety Standards (FMVSS) No. 225
Child Restraint Anchorage Systems. 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) (see implementing rule
at 49
[[Page 15836]]
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 approximately 115,000 model years 2007 and 2008
Hyundai Elantra passenger cars produced beginning July 14, 2006 through
November 23, 2007. Paragraph S9.5 of 49 CFR 571.225 requires in
pertinent part that:
S9.5 Marking and conspicuity of the lower anchorages. Each
vehicle shall comply with S9.5(a) or (b).
(a) Above each bar installed pursuant to S4, the vehicle shall
be permanently marked with a circle:
(1) That is not less than 13 mm in diameter;
(2) That is either solid or open, with or without words, symbols
or pictograms, provided that if words, symbols or pictograms are
used, their meaning is explained to the consumer in writing, such as
in the vehicle's owners manual; and
(3) That is located such that its center is on each seat back
between 50 and 100 mm above or on the seat cushion 100()25 mm forward of the intersection of the vertical transverse
and horizontal longitudinal planes intersecting at the horizontal
centerline of each lower anchorage, as illustrated in Figure 22. The
center of the circle must be in the vertical longitudinal plane that
passes through the center of the bar (25 mm).
(4) The circle may be on a tag.
(b) The vehicle shall be configured such that the following is
visible: Each of the bars installed pursuant to S4, or a permanently
attached guide device for each bar. The bar or guide device must be
visible without the compression of the seat cushion or seat back,
when the bar or device is viewed, in a vertical longitudinal plane
passing through the center of the bar or guide device, along a line
making an upward 30 degree angle with a horizontal plane. Seat backs
are in the nominal design riding position. The bars may be covered
by a removable cap or cover, provided that the cap or cover is
permanently marked with words, symbols or pictograms whose meaning
is explained to the consumer in written form as part of the owner's
manual.
Hyundai explained its belief that paragraph S9.5 of FMVSS No. 225
requires that above each child restraint lower anchorage the vehicle
shall be permanently marked with; a circle that is not less than 13 mm
in diameter, that is either solid or open, with or without words,
symbols or pictograms, provided that if words, symbols or pictograms
are used, their meaning is explained to the consumer in writing, such
as in the vehicle's owner's manual.
Hyundai also explained that the owner's manuals of the affected
vehicles contain a section titled ``Child seat lower anchorages'' that
provides illustrations indicating the locations of the child restraint
lower anchorages and written descriptions of the locations of the child
restraint lower anchorages. Hyundai expressed its belief that the
vehicles are properly marked, as required by paragraph S9.5 of FMVSS
No. 225, with solid circles to identify the locations of the lower
anchorages. Hyundai also stated that those solid circles contain
pictograms, which represent a child seated in a child restraint.
However, the owner's manuals provided with the affected vehicles do not
contain a specific written explanation of the meaning of the pictogram
that appears on the identification circles.
Hyundai states that it believes the noncompliance is
inconsequential to motor vehicle safety for the following reasons:
(1) When the requirements of paragraph S9.5 were first implemented
over seven years ago, there may have been the potential to
misunderstand the newly adopted child restraint lower anchorage
identification mark. Therefore, NHTSA decided that a circle must be
used, to standardize the symbol used to identify the anchorages,
because standardization would likely increase user recognition of the
symbol. The standardized circle has now appeared in almost every U.S.
vehicle for more than seven years, allowing the public to gain
familiarity with its purpose. In reference to the identification
circles, FMVSS 225 No. S9.5 (a)(2) states that they may be ``with or
without words, symbols or pictograms''. If the identification circle
does not contain any pictogram, it does not require a written
explanation.
(2) The simple pictogram representing a child seated in a child
restraint enhances the identification provided by the circle. The
missing written explanation of the meaning of the pictogram does not
affect the ability of a person to locate the lower anchorages, aided by
the visual indication of the identification circles and the
illustrations and written explanations provided in the owner's manual,
and does not affect the ability of the lower anchorages to properly
secure a child restraint.
In addition, Hyundai stated that even though it will include a
written explanation in future printings of the subject owner's manual,
it strongly believes that the missing written explanation is an
inconsequential noncompliance that poses no threat to the safety of its
customers.
Hyundai also states that no customer complaints have been received
related to the lack of a written explanation of the meaning of the
pictogram or any problems that may have resulted from the lack of a
written explanation of the meaning of the pictogram.
Hyundai requested that NHTSA consider its petition and grant an
exemption from the recall requirements of the National Traffic and
Motor Vehicle Safety Act on the basis that the noncompliance described
above is inconsequential as it relates to motor vehicle safety.
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: http://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 http://
[[Page 15837]]
www.regulations.gov, including any personal information provided.
Documents submitted to a docket may be viewed by anyone at the
address and times given above. The documents may also be viewed on the
Internet at http://www.regulations.gov by following the online
instructions for accessing the dockets. DOT's complete Privacy Act
Statement is available for review in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
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: April 24, 2008.
Authority: (49 U.S.C. 30118, 30120: delegations of authority at
CFR 1.50 and 501.8)
Issued on: March 19, 2008.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E8-6005 Filed 3-24-08; 8:45 am]
BILLING CODE 4910-59-P