
[Federal Register: March 25, 2008 (Volume 73, Number 58)]
[Notices]               
[Page 15835-15837]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25mr08-121]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0048; Notice 1]

 
Hyundai Motor Company, Receipt of Petition for Decision of 
Inconsequential Noncompliance

    Hyundai Motor Company (Hyundai), has determined that certain 
vehicles that it manufactured during the period beginning July 14, 2006 
through November 23, 2007, did not fully comply with paragraph S9.5 of 
49 CFR 571.225 (Federal Motor Vehicle Safety Standards (FMVSS) No. 225 
Child Restraint Anchorage Systems. Hyundai has filed an appropriate 
report pursuant to 49 CFR Part 573, Defect and Noncompliance 
Responsibility and Reports.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 
at 49

[[Page 15836]]

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.
    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.
    Affected are approximately 115,000 model years 2007 and 2008 
Hyundai Elantra passenger cars produced beginning July 14, 2006 through 
November 23, 2007. Paragraph S9.5 of 49 CFR 571.225 requires in 
pertinent part that:

    S9.5 Marking and conspicuity of the lower anchorages. Each 
vehicle shall comply with S9.5(a) or (b).
    (a) Above each bar installed pursuant to S4, the vehicle shall 
be permanently marked with a circle:
    (1) That is not less than 13 mm in diameter;
    (2) That is either solid or open, with or without words, symbols 
or pictograms, provided that if words, symbols or pictograms are 
used, their meaning is explained to the consumer in writing, such as 
in the vehicle's owners manual; and
    (3) That is located such that its center is on each seat back 
between 50 and 100 mm above or on the seat cushion 100()25 mm forward of the intersection of the vertical transverse 
and horizontal longitudinal planes intersecting at the horizontal 
centerline of each lower anchorage, as illustrated in Figure 22. The 
center of the circle must be in the vertical longitudinal plane that 
passes through the center of the bar (25 mm).
    (4) The circle may be on a tag.
    (b) The vehicle shall be configured such that the following is 
visible: Each of the bars installed pursuant to S4, or a permanently 
attached guide device for each bar. The bar or guide device must be 
visible without the compression of the seat cushion or seat back, 
when the bar or device is viewed, in a vertical longitudinal plane 
passing through the center of the bar or guide device, along a line 
making an upward 30 degree angle with a horizontal plane. Seat backs 
are in the nominal design riding position. The bars may be covered 
by a removable cap or cover, provided that the cap or cover is 
permanently marked with words, symbols or pictograms whose meaning 
is explained to the consumer in written form as part of the owner's 
manual.

    Hyundai explained its belief that paragraph S9.5 of FMVSS No. 225 
requires that above each child restraint lower anchorage the vehicle 
shall be permanently marked with; a circle that is not less than 13 mm 
in diameter, that is either solid or open, with or without words, 
symbols or pictograms, provided that if words, symbols or pictograms 
are used, their meaning is explained to the consumer in writing, such 
as in the vehicle's owner's manual.
    Hyundai also explained that the owner's manuals of the affected 
vehicles contain a section titled ``Child seat lower anchorages'' that 
provides illustrations indicating the locations of the child restraint 
lower anchorages and written descriptions of the locations of the child 
restraint lower anchorages. Hyundai expressed its belief that the 
vehicles are properly marked, as required by paragraph S9.5 of FMVSS 
No. 225, with solid circles to identify the locations of the lower 
anchorages. Hyundai also stated that those solid circles contain 
pictograms, which represent a child seated in a child restraint. 
However, the owner's manuals provided with the affected vehicles do not 
contain a specific written explanation of the meaning of the pictogram 
that appears on the identification circles.
    Hyundai states that it believes the noncompliance is 
inconsequential to motor vehicle safety for the following reasons:
    (1) When the requirements of paragraph S9.5 were first implemented 
over seven years ago, there may have been the potential to 
misunderstand the newly adopted child restraint lower anchorage 
identification mark. Therefore, NHTSA decided that a circle must be 
used, to standardize the symbol used to identify the anchorages, 
because standardization would likely increase user recognition of the 
symbol. The standardized circle has now appeared in almost every U.S. 
vehicle for more than seven years, allowing the public to gain 
familiarity with its purpose. In reference to the identification 
circles, FMVSS 225 No. S9.5 (a)(2) states that they may be ``with or 
without words, symbols or pictograms''. If the identification circle 
does not contain any pictogram, it does not require a written 
explanation.
    (2) The simple pictogram representing a child seated in a child 
restraint enhances the identification provided by the circle. The 
missing written explanation of the meaning of the pictogram does not 
affect the ability of a person to locate the lower anchorages, aided by 
the visual indication of the identification circles and the 
illustrations and written explanations provided in the owner's manual, 
and does not affect the ability of the lower anchorages to properly 
secure a child restraint.
    In addition, Hyundai stated that even though it will include a 
written explanation in future printings of the subject owner's manual, 
it strongly believes that the missing written explanation is an 
inconsequential noncompliance that poses no threat to the safety of its 
customers.
    Hyundai also states that no customer complaints have been received 
related to the lack of a written explanation of the meaning of the 
pictogram or any problems that may have resulted from the lack of a 
written explanation of the meaning of the pictogram.
    Hyundai requested that NHTSA consider its petition and grant an 
exemption from the recall requirements of the National Traffic and 
Motor Vehicle Safety Act on the basis that the noncompliance described 
above is inconsequential as it relates to motor vehicle safety.
    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.
    Interested persons are invited to submit written data, views, and 
arguments on this petition. Comments must refer to the docket and 
notice number cited at the beginning of this notice and be submitted by 
any of the following methods:
    a. 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.
    b. By hand delivery 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.
    c. Electronically: by logging onto the Federal Docket Management 
System (FDMS) Web site at: http://www.regulations.gov/. Follow the 
online instructions for submitting comments. Comments may also be faxed 
to 1-202-493-2251.
    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 your comments were received, please 
enclose a stamped, self-addressed postcard with the comments. Note that 
all comments received will be posted without change to http://

[[Page 15837]]

www.regulations.gov, including any personal information provided.
    Documents submitted to a docket may be viewed by anyone at the 
address and times given above. The documents may also be viewed on the 
Internet at http://www.regulations.gov by following the online 
instructions for accessing the dockets. DOT's complete Privacy Act 
Statement is available for review in the Federal Register published on 
April 11, 2000 (65 FR 19477-78).
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated below will 
be filed and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the extent possible. When the petition is granted or 
denied, notice of the decision will be published in the Federal 
Register pursuant to the authority indicated below.
    Comment closing date: April 24, 2008.

    Authority: (49 U.S.C. 30118, 30120: delegations of authority at 
CFR 1.50 and 501.8)

    Issued on: March 19, 2008.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E8-6005 Filed 3-24-08; 8:45 am]

BILLING CODE 4910-59-P
