Hyundai Motor Company, 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 38444-38445]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15281]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2012-0041; Notice 2]


Hyundai Motor Company, 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) 2011 and 2012 Hyundai Sonata 
Hybrid passenger cars, do not fully comply with paragraph Sec.  
4.1.5.5.2 of Federal Motor Vehicle Safety Standard (FMVSS) No. 208, 
Occupant Crash Protection. Hyundai has filed an appropriate report 
dated March 8, 2012, pursuant to 49 CFR Part

[[Page 38445]]

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 April 13, 2012 in the Federal Register (77 FR 22386). 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-2012-0041.''
    Contact Information: For further information on this decision 
contact Mr. Lawrence Valvo, Office of Vehicle Safety Compliance, the 
National Highway Traffic Safety Administration (NHTSA), telephone (202) 
366-5359, facsimile (202) 366-3081.
    Vehicles Involved: Affected are approximately 14,728 MY 2011 and 
2012 Hyundai Sonata Hybrid vehicles produced beginning on December 2, 
2010 and shipped to dealers through March 7, 2012 that are equipped 
with a center rear seat belt incorporating a release mechanism that 
detaches both the lap and shoulder portion at the lower anchorage 
point.
    Background Requirement: Section 4.1.5.5 of FMVSS No. 208 specially 
states:

    Sec.  4.1.5.5 Passenger cars manufactured on or after September 
1, 2007.
    Sec.  4.1.5.5.1 Except as provided in Sec.  4.1.5.5.2, each 
passenger car shall have a Type 2 seat belt assembly that conforms 
to Standard No. 209 and to Sec.  7.1 and Sec.  7.2 of this standard 
at each rear designated seating position, except that side-facing 
designated seating positions shall have a Type 1 or Type 2 seat belt 
assembly that conforms to Standard No. 209 and to Sec.  7.1 and 
Sec.  7.2 of this standard.
    Sec.  4.1.5.5.2 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 250 mm above the highest SRP located on the 
seat may meet the requirements of Sec.  4.1.5.5.1 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.

    Summary of Hyundai's Analyses: Hyundai explains that the 
noncompliance is that the affected vehicles do not comply with Sec.  
4.1.5.5.2 because they 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.
    Hyundai believes that the installation of a center rear seat belt 
incorporating a release mechanism that detaches both the lap and 
shoulder portion at the lower anchorage point in a vehicle with a non-
folding rear seat back is inconsequential as it relates to motor 
vehicle safety. The seat belt assembly complies with FMVSS No. 208 
requirements and with FMVSS No. 209 requirements, with the sole 
exception that it may be detached from the lower anchorage by use of a 
tool, such as a key or key-like object. If the rear seat back of the 
Sonata Hybrid vehicle was simply capable of being folded, which would 
have no effect upon seat belt performance; this detachable aspect would 
not result in a compliance issue.
    Hyundai also stated its belief that it is clear from the intended 
difficulty in detaching the seat belt and the instructions contained in 
the vehicle owner's manual that the seat belt should not be detached. 
Further, in the Sonata Hybrid 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.
    Based on these arguments, Hyundai Motor Company 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.
    Hyundai has additionally informed NHTSA that it has corrected the 
noncompliance so that all future production vehicles will comply with 
FMVSS No. 208.
    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 the center rear seat 
belt does comply with all other safety performance requirements of 
FMVSS No. 208 and 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 14,728 vehicles that Hyundai no longer controlled 
at the time it determined that a 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. 2013-15281 Filed 6-25-13; 8:45 am]
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