82 FR 48573 - Hyundai Motor America, Grant of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 82, Issue 200 (October 18, 2017)
National Highway Traffic Safety Administration
Federal Register Volume 82, Issue 200 (October 18, 2017)
| Page Range | 48573-48574 | |
| FR Document | 2017-22515 |
[Federal Register Volume 82, Number 200 (Wednesday, October 18, 2017)] [Notices] [Pages 48573-48574] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-22515] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2017-0013; Notice 2] Hyundai Motor America, Grant of Petition for Decision of Inconsequential Noncompliance AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Grant of petition. ----------------------------------------------------------------------- SUMMARY: Hyundai Motor America (Hyundai), on behalf of Hyundai Motor Company, has determined that certain model year (MY) 2015 Hyundai Sonata motor vehicles do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equipment. Hyundai filed a noncompliance information report dated February 5, 2017. Hyundai also petitioned NHTSA on February 3, 2017, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. ADDRESSES: For further information on the decision contact Leroy Angeles, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366-5304, facsimile (202) 366-3081. SUPPLEMENTARY INFORMATION: I. Overview: Hyundai Motor America (Hyundai), has determined that certain model year (MY) 2015 Hyundai Sonata motor vehicles do not fully comply with paragraph S6.5.3.4.1 of Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equipment. Hyundai filed a noncompliance information report dated February 5, 2017, Defect and Noncompliance Responsibility and Reports. Hyundai also petitioned NHTSA on February 3, 2017, 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. Notice of receipt of the Hyundai petition was published, with a 30- day public comment period, on April 17, 2017, in the Federal Register (82 FR 18208). No comments were received. To view the petition and all supporting documents log onto the Federal Docket Management System (FDMS) Web site at: http://www.regulations.gov/. Then follow the online search instructions to locate docket number ``NHTSA-2017-0013.'' II. Vehicles Involved: Approximately 3,054 MY 2015 Hyundai Sonata motor vehicles, manufactured between April 25, 2014, and May 16, 2014, are potentially involved. III. Noncompliance: Hyundai explains that the noncompliance is that the lens on the replaceable headlamp assembly in the subject vehicles is missing the HB bulb designation, as required by paragraph S6.5.3.4.1 of FMVSS No. 108. IV. Rule Text: Paragraph S6.5.3.4.1 of FMVSS No. 108 states in pertinent part: S6.5.3.4 Replacable bulb headlamp markings. S6.5.3.4.1 The lens of each replaceable bulb headlamp must bear permanent marking in front of each replacable light source with which it is equipped that states either: The HB Type, if the light source conforms to S11 of this standard for filament light sources, or the bulb marking/designation provided in compliance with Section VIII of appendix A of 49 CFR part 564 (if the light source conforms to S11 of this standard for discharge light sources) . . . 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: (a) The noncompliance has no impact on headlamp performance: The mismarked headlamps are the correct headlamps for the affected vehicles and conform to all applicable FMVSS photometric and other requirements. In a recent decision involving similar facts, NHTSA granted an inconsequentiality petition involving a noncompliant bulb marking because the use of the mismarked bulb would ``not create a noncompliance with any of the headlamp performance requirements of FMVSS No. 108 or otherwise present an increased risk to motor vehicle safety.'' Osram Sylvania Products, Inc., grant of petition for decision of Inconsequential Noncompliance, 78 FR 22943, 22944 (Dep't of Trans. Apr. 17, 2013). [[Page 48574]] (b) The lens is marked with an industry standard bulb type: The headlamp lenses in question are clearly marked ``9005'' (the ANSI designation), which are well-known alternative designations for the HB3 bulb. This designation is recognized throughout the automotive industry, and is used by lighting manufacturers interchangeably with a lamp's HB type. (c) The risk of consumer confusion is remote: A consumer can use the 9005 ANSI alternative to properly identify and purchase the correct replacement headlamp bulb for the affected vehicles. Hyundai searched a number of national automotive parts stores (Autozone, O'Reilly, Advanced Auto Parts, and Pep Boys), and found that all HB3 replacement bulbs in these stores were marked with the 9005 ANSI designation. In fact, the packaging on the replacement bulbs was more commonly marked with the ANSI designation than the HB type. (d) NHTSA precedent supports granting this petition: NHTSA has previously ruled that the noncompliance at issue here (lamps marked with the ANSI designation rather than the HB type) is inconsequential to motor vehicle safety. On January 18, 2017, the Agency granted GM's petition for inconsequential noncompliance regarding their high-beam headlamp lenses on model year 2012-2015 Chevrolet Sonic passenger cars that were not marked with ``HB3'' (the HB bulb type), as required by paragraph S6.5.3.4.1 of FMVSS No. 108. NHTSA granted the petition stating: We agree with GM that the ANSI `9005' designation is a well- known alternative designation for the HB3 light source and that the replacement light source packaging is commonly marked with both the HB type and ANSI designation. As such, we believe that consumers can properly identify and purchase the correct replacement upper beam light source for the affected vehicles. See General Motors, LLC, Grant of petition for Decision of Inconsequential Noncompliance, (NHTSA-2015-0035). 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'S Decision NHTSA's Analysis: We agree with Hyundai that the ANSI ``9005'' designation is a well-known alternative designation for the HB3 light source and that replacement light source packaging is commonly marked with both the HB type and ANSI designation. As such, we believe that consumers can properly identify and purchase the correct replacement upper beam light source for the affected vehicles. Further, the unique bulb holder design incorporated into the headlamps would prevent consumers from installing a light source other than an HB3/9005 so there would be no effect on headlamp performance. NHTSA's Decision: In consideration of the foregoing, NHTSA finds that Hyundai has met its burden of persuasion that the subject FMVSS No. 108 noncompliance is inconsequential to motor vehicle safety. Accordingly, Hyundai's petition is hereby granted and Hyundai is consequently exempted from the obligation of providing notification of, and a free 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 subject vehicles that Hyundai no longer controlled at the time it determined that the noncompliance existed. However, the granting of 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. 2017-22515 Filed 10-17-17; 8:45 am] BILLING CODE 4910-59-P
![Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Notices 48573
number for this petition shown in the prohibitions on the sale, offer for sale, the notification and remedy
heading of this notice. or introduction or delivery for requirements of 49 U.S.C. Chapter 301
introduction into interstate commerce of on the basis that this noncompliance is
NHTSA Decision
the noncompliant vehicles under their inconsequential as it relates to motor
NHTSA Analysis: VTNA explains that control after VTNA notified them that vehicle safety.
the noncompliance is that the wheels on the subject noncompliance existed. Notice of receipt of the Hyundai
the subject vehicles incorrectly identify petition was published, with a 30-day
Authority: 49 U.S.C. 30118, 30120:
the rim size as 24.5″ x 8.25″ instead of delegations of authority at 49 CFR 1.95 and public comment period, on April 17,
22.5″ x 8.25″, and therefore do not meet 501.8. 2017, in the Federal Register (82 FR
the requirements of paragraph S5.2(b) of 18208). No comments were received. To
FMVSS No. 120. Specifically, the Jeffrey M. Giuseppe,
view the petition and all supporting
marking error overstates the wheel Director, Office of Vehicle Safety Compliance. documents log onto the Federal Docket
diameter by 2″. [FR Doc. 2017–22516 Filed 10–17–17; 8:45 am] Management System (FDMS) Web site
NHTSA has reviewed VTNA’s BILLING CODE 4910–59–P at: http://www.regulations.gov/. Then
analyses that the subject noncompliance follow the online search instructions to
is inconsequential to motor vehicle locate docket number ‘‘NHTSA–2017–
safety and provides the following DEPARTMENT OF TRANSPORTATION 0013.’’
analysis: II. Vehicles Involved: Approximately
When it comes to mating a tire and National Highway Traffic Safety
3,054 MY 2015 Hyundai Sonata motor
rim combination, it becomes very Administration
vehicles, manufactured between April
apparent very quickly that either an [Docket No. NHTSA–2017–0013; Notice 2] 25, 2014, and May 16, 2014, are
oversized tire on a rim or an undersized potentially involved.
tire on the same sized rim will not Hyundai Motor America, Grant of III. Noncompliance: Hyundai explains
properly seat to that rim. In this Petition for Decision of that the noncompliance is that the lens
particular case (the former) as VTNA Inconsequential Noncompliance on the replaceable headlamp assembly
has mentioned in its petition, if in the subject vehicles is missing the HB
someone tries to mount a 24.5″ inch tire AGENCY: National Highway Traffic
Safety Administration (NHTSA), bulb designation, as required by
on an undersized rim (22.5″), it will not paragraph S6.5.3.4.1 of FMVSS No. 108.
hold air and therefore cannot be Department of Transportation (DOT).
ACTION: Grant of petition.
IV. Rule Text: Paragraph S6.5.3.4.1 of
inflated. The inability to mount the FMVSS No. 108 states in pertinent part:
incorrect tire on the rim precludes one’s
SUMMARY: Hyundai Motor America S6.5.3.4 Replacable bulb headlamp
ability to actually drive with an
(Hyundai), on behalf of Hyundai Motor markings.
incorrect tire-rim combination on public
Company, has determined that certain S6.5.3.4.1 The lens of each replaceable
roadways. Furthermore, FMVSS No. 120
model year (MY) 2015 Hyundai Sonata bulb headlamp must bear permanent marking
paragraph S5.3 requires vehicles be in front of each replacable light source with
motor vehicles do not fully comply with
labeled with proper tire/rim size which it is equipped that states either: The
Federal Motor Vehicle Safety Standard
combinations. This additional HB Type, if the light source conforms to S11
(FMVSS) No. 108, Lamps, Reflective
information is available to provide the of this standard for filament light sources, or
Devices, and Associated Equipment.
vehicle operator or technician with the the bulb marking/designation provided in
Hyundai filed a noncompliance compliance with Section VIII of appendix A
correct tire/rim size information.
NHTSA’s Decision: In consideration information report dated February 5, of 49 CFR part 564 (if the light source
of the foregoing, NHTSA finds that 2017. Hyundai also petitioned NHTSA conforms to S11 of this standard for
VTNA has met its burden of persuasion on February 3, 2017, for a decision that discharge light sources) . . .
that the FMVSS No. 120 noncompliance the subject noncompliance is V. Summary of Hyundai’s Petition:
is inconsequential as it relates to motor inconsequential as it relates to motor Hyundai described the subject
vehicle safety. Accordingly, VTNA’s vehicle safety. noncompliance and stated its belief that
petition is hereby granted and VTNA is ADDRESSES: For further information on the noncompliance is inconsequential
consequently exempted from the the decision contact Leroy Angeles, as it relates to motor vehicle safety.
obligation to provide notification of, and Office of Vehicle Safety Compliance, the In support of its petition, Hyundai
remedy for, the subject noncompliance National Highway Traffic Safety submitted the following reasoning:
in the affected vehicles under 49 U.S.C. Administration (NHTSA), telephone (a) The noncompliance has no impact
30118 and 30120. (202) 366–5304, facsimile (202) 366– on headlamp performance: The
NHTSA notes that the statutory 3081. mismarked headlamps are the correct
provisions (49 U.S.C. 30118(d) and SUPPLEMENTARY INFORMATION: headlamps for the affected vehicles and
30120(h)) that permit manufacturers to I. Overview: Hyundai Motor America conform to all applicable FMVSS
file petitions for a determination of (Hyundai), has determined that certain photometric and other requirements. In
inconsequentiality allow NHTSA to model year (MY) 2015 Hyundai Sonata a recent decision involving similar facts,
exempt manufacturers only from the motor vehicles do not fully comply with NHTSA granted an inconsequentiality
duties found in sections 30118 and paragraph S6.5.3.4.1 of Federal Motor petition involving a noncompliant bulb
30120, respectively, to notify owners, Vehicle Safety Standard (FMVSS) No. marking because the use of the
purchasers, and dealers of a defect or 108, Lamps, Reflective Devices, and mismarked bulb would ‘‘not create a
noncompliance and to remedy the Associated Equipment. Hyundai filed a noncompliance with any of the
ethrower on DSK3G9T082PROD with NOTICES
defect or noncompliance. Therefore, this noncompliance information report headlamp performance requirements of
decision only applies to the subject dated February 5, 2017, Defect and FMVSS No. 108 or otherwise present an
vehicles that VTNA no longer controlled Noncompliance Responsibility and increased risk to motor vehicle safety.’’
at the time it determined that the Reports. Hyundai also petitioned Osram Sylvania Products, Inc., grant of
noncompliance existed. However, the NHTSA on February 3, 2017, pursuant petition for decision of Inconsequential
granting of this petition does not relieve to 49 U.S.C. 30118(d) and 30120(h) and Noncompliance, 78 FR 22943, 22944
vehicle distributors and dealers of the 49 CFR part 556, for an exemption from (Dep’t of Trans. Apr. 17, 2013).
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![48574 Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Notices
(b) The lens is marked with an that replacement light source packaging DEPARTMENT OF TRANSPORTATION
industry standard bulb type: The is commonly marked with both the HB
headlamp lenses in question are clearly type and ANSI designation. As such, we Pipeline and Hazardous Materials
marked ‘‘9005’’ (the ANSI designation), believe that consumers can properly Safety Administration
which are well-known alternative identify and purchase the correct [Docket No. PHMSA–2017–0110]
designations for the HB3 bulb. This replacement upper beam light source for
designation is recognized throughout the affected vehicles. Further, the Pipeline Safety: Information Collection
the automotive industry, and is used by unique bulb holder design incorporated Activities, Revision to Gas Distribution
lighting manufacturers interchangeably into the headlamps would prevent Annual Report
with a lamp’s HB type. consumers from installing a light source
(c) The risk of consumer confusion is AGENCY: Pipeline and Hazardous
other than an HB3/9005 so there would Materials Safety Administration
remote: A consumer can use the 9005
be no effect on headlamp performance. (PHMSA), DOT.
ANSI alternative to properly identify
and purchase the correct replacement NHTSA’s Decision: In consideration ACTION: Notice and request for
headlamp bulb for the affected vehicles. of the foregoing, NHTSA finds that comments.
Hyundai searched a number of national Hyundai has met its burden of
automotive parts stores (Autozone, persuasion that the subject FMVSS No. SUMMARY: PHMSA is preparing to
O’Reilly, Advanced Auto Parts, and Pep 108 noncompliance is inconsequential request Office of Management and
Boys), and found that all HB3 to motor vehicle safety. Accordingly, Budget (OMB) approval for the revision
replacement bulbs in these stores were Hyundai’s petition is hereby granted of the gas distribution annual report
marked with the 9005 ANSI and Hyundai is consequently exempted currently approved under OMB control
designation. In fact, the packaging on from the obligation of providing number 2137–0629. PHMSA proposes
the replacement bulbs was more revising Part A and certain parts of the
notification of, and a free remedy for,
commonly marked with the ANSI instructions. In accordance with the
that noncompliance under 49 U.S.C.
designation than the HB type. Paperwork Reduction Act of 1995,
30118 and 30120. PHMSA invites comments on the
(d) NHTSA precedent supports
granting this petition: NHTSA has NHTSA notes that the statutory proposed revisions to the form and
previously ruled that the provisions (49 U.S.C. 30118(d) and instructions.
noncompliance at issue here (lamps 30120(h)) that permit manufacturers to DATES: Interested persons are invited to
marked with the ANSI designation file petitions for a determination of submit comments on or before
rather than the HB type) is inconsequentiality allow NHTSA to December 18, 2017.
inconsequential to motor vehicle safety. exempt manufacturers only from the
ADDRESSES: Comments may be
On January 18, 2017, the Agency duties found in sections 30118 and submitted in the following ways:
granted GM’s petition for 30120, respectively, to notify owners, E-Gov Web site: http://
inconsequential noncompliance purchasers, and dealers of a defect or www.regulations.gov. This site allows
regarding their high-beam headlamp noncompliance and to remedy the the public to enter comments on any
lenses on model year 2012–2015 defect or noncompliance. Therefore, this Federal Register notice issued by any
Chevrolet Sonic passenger cars that decision only applies to the subject agency.
were not marked with ‘‘HB3’’ (the HB vehicles that Hyundai no longer Fax: 1–202–493–2251.
bulb type), as required by paragraph controlled at the time it determined that Mail: Docket Management Facility,
S6.5.3.4.1 of FMVSS No. 108. NHTSA the noncompliance existed. However, U.S. Department of Transportation
granted the petition stating: the granting of this petition does not (DOT), 1200 New Jersey Avenue SE.,
We agree with GM that the ANSI ‘9005’ relieve vehicle distributors and dealers West Building, Room W12–140,
designation is a well-known alternative of the prohibitions on the sale, offer for Washington, DC 20590–0001.
designation for the HB3 light source and that sale, or introduction or delivery for Hand Delivery: Room W12–140 on the
the replacement light source packaging is
commonly marked with both the HB type introduction into interstate commerce of ground level of DOT, West Building,
and ANSI designation. As such, we believe the noncompliant vehicles under their 1200 New Jersey Avenue SE.,
that consumers can properly identify and control after Hyundai notified them that Washington, DC, between 9:00 a.m. and
purchase the correct replacement upper beam the subject noncompliance existed. 5:00 p.m., Monday through Friday,
light source for the affected vehicles. except Federal holidays.
Authority: 49 U.S.C. 30118, 30120:
See General Motors, LLC, Grant of Instructions: Identify the docket
delegations of authority at 49 CFR 1.95 and
petition for Decision of Inconsequential number, PHMSA–2017–0110, at the
501.8.
Noncompliance, (NHTSA–2015–0035). beginning of your comments. Note that
Hyundai concluded by expressing the Jeffrey M. Giuseppe, all comments received will be posted
belief that the subject noncompliance is Director, Office of Vehicle Safety Compliance. without change to http://
inconsequential as it relates to motor [FR Doc. 2017–22515 Filed 10–17–17; 8:45 am]
www.regulations.gov, including any
vehicle safety, and that its petition to be personal information provided. You
BILLING CODE 4910–59–P
exempted from providing notification of should know that anyone is able to
the noncompliance, as required by 49 search the electronic form of all
U.S.C. 30118, and a remedy for the comments received into any of our
noncompliance, as required by 49 dockets by the name of the individual
ethrower on DSK3G9T082PROD with NOTICES
U.S.C. 30120, should be granted. submitting the comment (or signing the
comment, if submitted on behalf of an
NHTSA’S Decision association, business, labor union, etc.).
NHTSA’s Analysis: We agree with Therefore, you may want to review
Hyundai that the ANSI ‘‘9005’’ DOT’s complete Privacy Act Statement
designation is a well-known alternative in the Federal Register published on
designation for the HB3 light source and April 11, 2000, (65 FR 19476) or visit
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Document Created: 2017-10-18 01:37:30
Document Modified: 2017-10-18 01:37:30
| 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 | Grant of petition. | |
| FR Citation | 82 FR 48573 |
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