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

Topics:  Hyundai Sonata

Claude H. Harris
National Highway Traffic Safety Administration
June 26, 2013

[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.

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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.
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    \1\ Hyundai America Technical Center, Inc., is a corporation 
registered under the laws of the state of Michigan.
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    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: http://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.
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    \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.
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    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]
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