Hyundai Motor America, Grant of Petition for Decision of Inconsequential Noncompliance |
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Topics: Hyundai Accent
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Otto G. Matheke III
National Highway Traffic Safety Administration
1 July 2020
[Federal Register Volume 85, Number 127 (Wednesday, July 1, 2020)]
[Notices]
[Pages 39681-39683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14217]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2016-0142; 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.
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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 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. This document announces the grant of
Hyundai's petition.
FOR FURTHER INFORMATION CONTACT: James A. Jones, Office of Vehicle
Safety Compliance, NHTSA, telephone (202) 366-5294, facsimile (202)
366-5930.
SUPPLEMENTARY INFORMATION:
I. Overview
Hyundai has determined that certain MY 2012-2016 Hyundai Accent
motor vehicles do not fully comply with paragraph S4.1.5.5.2 of FMVSS
No. 208, Occupant Crash Protection (49 CFR 571.208). 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.
Notice of receipt of Hyundai's petition was published, with a 30-
day public comment period, on April 7, 2017, in the Federal Register
(82 FR 17072). No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management Systems
(FDMS) website at: http://www.regulations.gov/. Then follow the online
search instructions to locate docket number ``NHTSA-2016-0142.''
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
[[Page 39682]]
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 Requirements
Paragraph S4.1.5.5.2 of FMVSS No. 208 includes the requirements
relevant to this petition. 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 250 mm above the highest SRP located on the seat may meet the
requirements of paragraph 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.
VI. NHTSA's Analysis
Anton's Law (Public Law 107-318) directed NHTSA to mandate 3-point
belts (i.e., Type 2 integral lap/shoulder belts) at each rear seating
position, including center rear seat positions, in new passenger motor
vehicles by September 1, 2007. To accomplish the mandate, NHTSA issued
a final rule on December 8, 2004, amending applicable parts of Federal
motor vehicle safety standard (FMVSS) No. 208, Occupant Crash
Protection [69 FR 70904].
Prior to issuance of the final rule, FMVSS No. 208 allowed the
installation of detachable shoulder belts on 3-point belts in swivel
seats and outboard rear seats that are removable. In comments to the
proposed final rule, vehicle manufacturers requested that the Agency
extend the allowance for detachable belts to center rear seat positions
of folding rear seats to ensure effective use of cargo carrying space.
The Agency agreed.
Many vehicle manufacturers were already using detachable belts with
``mini-buckle'' designs that permit the entire belt to detach from the
seat and retract into the upper shoulder anchorage. The Agency agreed
that the mini-buckle design reduces the possibility for misuse since
the lap belt is not independently available for use. Some of the
existing mini-buckles had pushbutton release mechanisms similar to
release mechanisms used for non-detachable belts. To address any safety
concerns with inadvertent release of the mini-buckle during use, the
Agency decided to require a key-like object to release the mini-buckle
from the seat, eliminating installation of detachable belt designs that
incorporate pushbutton releases. Consistent with the Agency's intent to
maximize correct use of the belt, no provision was added to require the
use of a tool to reattach the belt.
The subject vehicles have fixed, non-folding rear seats with
detachable 3-point belts installed at the center rear seat positions.
As these center seats do not fold, the installation of this detachable
belt constitutes a violation of S4.1.5.5.1 of FMVSS No. 208. The
detachable 3-point belts have mini-buckles that allow the entire belt
to detach from the seat at the lower anchorage point located on the
left-side of the seating position. The mini-buckle can only be operated
through inserting a key or key-like object in a rectangular slot on the
female buckle at the lower left anchorage point. Other than the
presence of the slot, the outward appearance of the buckle does not
reveal that there is a mini-buckle hidden within the female buckle
assembly allowing detachment. The likelihood that the mini-buckle could
or would be used casually to remove the female buckle appears to be
quite small. As the purpose of the slot would not be clear or the
presence and operation of the mini-buckle is not obvious, removing the
buckle assembly requires a degree of knowledge and intent likely to
eliminate inadvertent detachment.
Hyundai's data indicate that the nominal force required to release
the buckle using a key or key-like object ranged from 13 to 20N (2.9 to
4.5 lbf) with an average of 13.6N (3.1 lbf).\1\ Additionally, this key
or object must be 2.9 mm (0.11 in) in length to reach the release
mechanism and be capable of applying the release force noted above for
an additional 4.8 mm (0.19 in) to release the buckle. Therefore, any
object serving as a tool to release the buckle must fit in the
available opening, apply the required force and do so without yielding
over the required distance. These conditions indicate that an
inadvertent release, or an intentional release by a child, would be
unlikely.
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\1\ See Hyundai's Supplemental Response dated February 13, 2020.
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Hyundai represents that, like non-detachable belts, these
detachable belts meet all FMVSS No. 208 and FMVSS No. 209 performance
requirements. Thus, we agree that a detachable 3-point belt with mini-
buckle can be expected to provide an equivalent level of
[[Page 39683]]
protection to belted occupants as a non-detachable 3-point belt.
Because the rear seat is fixed, we agree with the petitioner that
there is no advantage or reason for owners of subject vehicles to
detach the belt. As noted above, the existence of the mini-buckle and
the ability to detach the female buckle is not apparent from visual
inspection. The purpose of the rectangular slot is explained in the
owner's manual, which indicates that detaching the buckle requires
insertion of a key-like object. Instructions in the owner's manual also
indicate that no special tool is needed to reattach the belt. If for
some reason the mini-buckle is detached, an occupant wishing to use the
available safety belt upon entering the center rear seat of a subject
vehicle can easily re-attach the mini-buckle to the lower anchorage by
inserting ``the tongue plate into the open end of the [mini] buckle
until an audible click is heard.''
The Agency has received no complaints indicating that the subject
vehicle's detachable belt inadvertently released during use.
Additionally, the petitioner has stated that there are no known
accidents or injuries related to the subject noncompliance. For these
reasons, we find the petition has merit and should be granted.
VII. NHTSA's Decision
NHTSA finds that Hyundai has met its burden of persuasion that the
FMVSS No. 208 noncompliance is inconsequential as it relates to motor
vehicle safety. Accordingly, the petition is hereby granted and Hyundai
is exempt from the obligation to provide notification of, and remedy
for, the subject noncompliance in the affected vehicles under 49 U.S.C.
30018 and 30120.
This petition is granted solely on the Agency's decision that the
noncompliance in the subject vehicles is inconsequential as it relates
to motor vehicle safety. It is important that all other vehicles
subject to these requirements continue to meet them.
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)
Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2020-14217 Filed 6-30-20; 8:45 am]
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