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