Hyundai Motor America, Receipt of Petition for Decision of Inconsequential Noncompliance |
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Topics: Hyundai Sonata
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Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
17 April 2017
[Federal Register Volume 82, Number 72 (Monday, April 17, 2017)]
[Notices]
[Pages 18208-18210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07614]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2017-0013; Notice 1]
Hyundai Motor America, Receipt of Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
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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.
DATES: The closing date for comments on the petition is May 17, 2017.
ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited in the title of this notice and
submitted by any of the following methods:
Mail: Send comments by mail addressed to U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
Hand Delivery: Deliver comments by hand to U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. The
Docket Section is open on weekdays from 10 a.m. to 5 p.m. except
Federal Holidays.
Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) Web site at https://www.regulations.gov/. Follow the online instructions for submitting
comments.
Comments may also be faxed to (202) 493-2251.
[[Page 18209]]
Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided.
All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the Internet at
https://www.regulations.gov by following the online instructions for
accessing the dockets. The docket ID number for this petition is shown
in the heading of this notice.
DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000, (65 FR 19477-78).
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.
This notice of receipt of Hyundai's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
other exercise of judgment concerning the merits of the petition.
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)
(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 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, any decision on
this petition only applies to the subject vehicles that Hyundai no
longer controlled at the time it determined that the noncompliance
existed. However, any decision on this petition does not relieve
vehicle distributors and dealers of the prohibitions on the sale, offer
for sale,
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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. 2017-07614 Filed 4-14-17; 8:45 am]
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