82 FR 17072 - Hyundai Motor America, Receipt of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 82, Issue 66 (April 7, 2017)

Page Range		17072-17073
FR Document		2017-06954

Hyundai Motor America (Hyundai) has determined that certain model year (MY) 2012-2016 Hyundai Accent motor vehicles do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 208, Occupant Crash Protection. Hyundai filed a noncompliance information report dated December 12, 2016. Hyundai also petitioned NHTSA on December 16, 2016, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety.

Federal Register, Volume 82 Issue 66 (Friday, April 7, 2017)

[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)]
[Notices]
[Pages 17072-17073]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-06954]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0142; Notice 1]

Hyundai Motor America, Receipt of Petition for Decision of
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Receipt of petition.

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SUMMARY: Hyundai Motor America (Hyundai) has determined that certain
model year (MY) 2012-2016 Hyundai Accent motor vehicles do not fully
comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 208,
Occupant Crash Protection. Hyundai filed a noncompliance information
report dated December 12, 2016. Hyundai also petitioned NHTSA on
December 16, 2016, for a decision that the subject noncompliance is
inconsequential as it relates to motor vehicle safety.

DATES: The closing date for comments on the petition is May 8, 2017.

ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited in the title of this notice and
submitted by any of the following methods:
Mail: Send comments 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.
Hand Delivery: Deliver comments by hand 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.
Electronically: Submit comments 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 (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

[[Page 17073]]

confirmation that comments you have submitted by mail 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.
All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the Internet at
https://www.regulations.gov by following the online instructions for
accessing the dockets. The docket ID number for this petition is shown
in the heading of this notice.
DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000, (65 FR 19477-78).

SUPPLEMENTARY INFORMATION:
I. Overview: Hyundai Motor America (Hyundai), has determined that
certain model year (MY) 2012-2016 Hyundai Accent motor vehicles do not
fully comply with paragraph S4.1.5.5.2 of Federal Motor Vehicle Safety
Standard (FMVSS) No. 208, Occupant Crash Protection. Hyundai filed a
noncompliance information report dated December 12, 2016, pursuant to
49 CFR part 573, Defect and Noncompliance Responsibility and Reports.
Hyundai also petitioned NHTSA on December 16, 2016, pursuant to 49
U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, for an exemption from
the notification and remedy requirements of 49 U.S.C. Chapter 301 on
the basis that this noncompliance is inconsequential as it relates 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.
II. Vehicles Involved: Approximately 6,445 MY 2012-2016 Hyundai
Accent motor vehicles manufactured between May 19, 2011, and July 7,
2016, are potentially involved. The affected vehicles are those
equipped with a non-folding rear seat back and sold in the Puerto Rico
and Guam markets.
III. Noncompliance: Hyundai explains that the noncompliance is that
the affected vehicles are equipped with a non-folding 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
and therefore do not meet the requirements of paragraph S4.1.5.5.2 of
FMVSS No. 208. Under FMVSS No. 208, a detachable seat belt in the
middle seat is allowed only in vehicles with a folding rear seat.
IV. Rule Text: Paragraph S4.1.5.5.2 of FMVSS No. 208 states in
pertinent part:

S4.1.5.5.2 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 250mm above the highest SRP located on the seat may
meet the requirements of S4.1.5.5.1 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 . . .

V. Summary of Hyundai's Petition: Hyundai described the subject
noncompliance and stated its belief that the noncompliance is
inconsequential as it relates to motor vehicle safety.
In support of its petition, Hyundai submitted the following
reasoning:

1. The affected vehicles are equipped with a non-folding 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.
2. Hyundai first became aware of the possibility that the center
rear seat belts of the subject vehicles may not comply with
S4.1.5.5.2 of FMVSS No. 208 as a result of internal ``port
inspections'' of certain model year 2016 Hyundai Accent vehicles. A
subsequent investigation revealed previous model year ``RB''
platform Accent vehicles are similarly affected.
3. Hyundai pointed out that 5-door and 4-door Hyundai Accent
vehicles equipped with rear folding seats are not affected.
4. The Accent vehicles in question fully comply with FMVSS No.
208 and FMVSS No. 209 requirements with the sole exception that the
lap and shoulder portion of the rear center seat belt may be
detached from the lower anchorage by use of a tool, such as a key or
key-like object.
5. Hyundai states that if the rear seat back of the subject
vehicles were capable of being folded (which Hyundai claims would
have no effect on seat belt performance) the detachable aspect would
not result in a compliance issue.
6. The Owner's Manual in the subject vehicles contains relevant
information and illustrations to fasten, unfasten, and disconnect
the rear center belt.
7. Hyundai states that it is clear from the intended difficulty
in detaching the seat belt and the instructions contained in the
Owner's Manual that the seat belt should not be detached. Further,
in the Accent 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.
8. Hyundai 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.
9. Hyundai stated that they are not aware of any accidents or
injuries related to the subject noncompliance.

Hyundai concluded by expressing the belief that the subject
noncompliance is inconsequential as it relates to motor vehicle safety,
and that its petition to be exempted from providing notification of the
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the
noncompliance, as required by 49 U.S.C. 30120, should be granted.
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, any decision on
this petition only applies to the subject vehicles that Hyundai no
longer controlled at the time it determined that the noncompliance
existed. However, any decision on this petition does not relieve
vehicle 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).

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2017-06954 Filed 4-6-17; 8:45 am]
BILLING CODE 4910-59-P

17072 Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Notices

condition the following warnings would (December 30, 2014 (grant of petition for DEPARTMENT OF TRANSPORTATION
occur, conditioning the driver over time Chrysler Group, LLC). In both of these
as to the purpose of the telltale, message instances, the vehicles at issue did not National Highway Traffic Safety
and audible alerts and under what have the exact wording as required Administration
conditions they are activated. under FMVSS No. 101. The available [Docket No. NHTSA–2016–0142; Notice 1]
• Red contrasting color of the telltale warnings were deemed sufficient to
saying ‘‘BRAKE’’ provide the necessary driver warning. Hyundai Motor America, Receipt of
• Message on the display screen that DTNA respectfully suggest that the same Petition for Decision of
says ‘‘LOW AIR!’’ is true for the subject vehicles: The red Inconsequential Noncompliance
• Audible alert to the driver as long as ‘‘BRAKE’’ telltale and the ‘‘LOW AIR!’’
the vehicle has low air AGENCY: National Highway Traffic
pop-up message, together with other
• Air gauges for the primary and Safety Administration (NHTSA),
warnings and alerts, are fully sufficient Department of Transportation (DOT).
secondary air tanks clearly showing to warn the driver of a low brake air
the air pressure in the system ACTION: Receipt of petition.
pressure situation.
• Red contrasting color on the air
gauges indicating when the pressure DTNA concluded by expressing the SUMMARY: Hyundai Motor America
is low belief that the subject noncompliance is (Hyundai) has determined that certain
• Difficulty/inability of releasing the inconsequential as it relates to motor model year (MY) 2012–2016 Hyundai
parking brakes with low air vehicle safety, and that its petition to be Accent motor vehicles do not fully
• Reduced drivability if the driver exempted from providing notification of comply with Federal Motor Vehicle
attempts to drive with the parking the noncompliance, as required by 49 Safety Standard (FMVSS) No. 208,
brakes applied U.S.C. 30118, and a remedy for the Occupant Crash Protection. Hyundai
noncompliance, as required by 49 filed a noncompliance information
2. Moving Vehicle report dated December 12, 2016.
U.S.C. 30120, should be granted.
If a low brake air pressure situation Hyundai also petitioned NHTSA on
NHTSA notes that the statutory December 16, 2016, for a decision that
occurs while driving, the function of the
service brakes may be reduced or lost provisions (49 U.S.C. 30118(d) and the subject noncompliance is
and, eventually if the pressure gets low 30120(h)) that permit manufacturers to inconsequential as it relates to motor
enough, the parking brakes will engage. file petitions for a determination of vehicle safety.
The driver must pull to the side of the inconsequentiality allow NHTSA to DATES: The closing date for comments
road and apply the parking brakes as exempt manufacturers only from the on the petition is May 8, 2017.
soon as possible. A loss of brake air duties found in sections 30118 and
ADDRESSES: Interested persons are
pressure while driving represents a 30120, respectively, to notify owners, invited to submit written data, views,
malfunctioning brake system and purchasers, and dealers of a defect or and arguments on this petition.
requires immediate action from the noncompliance and to remedy the Comments must refer to the docket and
driver. Drivers recognize that a telltale defect or noncompliance. Therefore, any notice number cited in the title of this
illuminated in red represents a decision on this petition only applies to notice and submitted by any of the
malfunction which needs to be the subject vehicles that DTNA no following methods:
remedied. longer controlled at the time it • Mail: Send comments by mail
The following warning would occur if determined that the noncompliance addressed to U.S. Department of
a low air condition occurred while existed. However, any decision on this Transportation, Docket Operations, M–
driving. petition does not relieve vehicle 30, West Building Ground Floor, Room
• Red contrasting color of the telltale distributors and dealers of the W12–140, 1200 New Jersey Avenue SE.,
saying ‘‘BRAKE’’ prohibitions on the sale, offer for sale, Washington, DC 20590.
• Message on the display screen that or introduction or delivery for • Hand Delivery: Deliver comments
says ‘‘LOW AIR!’’ introduction into interstate commerce of by hand to U.S. Department of
• Audible alert to the driver as long as the noncompliant vehicles under their Transportation, Docket Operations, M–
the vehicle has low air control after DTNA notified them that 30, West Building Ground Floor, Room
• Air gauges for the primary and the subject noncompliance existed. W12–140, 1200 New Jersey Avenue SE.,
secondary air tanks clearly showing Washington, DC 20590. The Docket
the air pressure in the system Authority: 49 U.S.C. 30118, 30120:
Section is open on weekdays from 10
• Red contrasting color on the air delegations of authority at 49 CFR 1.95 and
a.m. to 5 p.m. except Federal Holidays.
501.8.
gauges indicating when the pressure • Electronically: Submit comments
is low. Jeffrey M. Giuseppe, electronically by logging onto the
(e) The functionality of both the Director, Office of Vehicle Safety Compliance. Federal Docket Management System
parking brake system and the service [FR Doc. 2017–06953 Filed 4–6–17; 8:45 am]
(FDMS) Web site at https://
brake system remains unaffected by the www.regulations.gov/. Follow the online
BILLING CODE 4910–59–P
‘‘BRAKE’’ telltale used in the subject instructions for submitting comments.
vehicles. • Comments may also be faxed to
(f) NHTSA Precedents—DTNA notes (202) 493–2251.
that NHTSA has previously granted Comments must be written in the
nlaroche on DSK30NT082PROD with NOTICES

petitions for decisions of English language, and be no greater than
inconsequential noncompliance for 15 pages in length, although there is no
similar brake telltale issues. See Docket limit to the length of necessary
No. NHTSA–2012–0004, 78 FR 69931 attachments to the comments. If
(November 21, 2013) (grant of petition comments are submitted in hard copy
for Ford Motor Company) and Docket form, please ensure that two copies are
No. NHTSA–2014–0046, 79 FR 78559 provided. If you wish to receive

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Document Created: 2017-04-06 23:49:12
Document Modified: 2017-04-06 23:49:12

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Receipt of petition.
Dates		The closing date for comments on the petition is May 8, 2017.
FR Citation		82 FR 17072

82 FR 17072 - Hyundai Motor America, Receipt of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATIONNational Highway Traffic Safety Administration

Federal Register Volume 82, Issue 66 (April 7, 2017)

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration