
[Federal Register: July 3, 2008 (Volume 73, Number 129)]
[Notices]               
[Page 38290-38291]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jy08-121]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0048; Notice 2]

 
Hyundai Motor Company, Grant 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 Standard (FMVSS) No. 225 
Child Restraint Anchorage Systems). On November 28, 2007 Hyundai 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) 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 March 25, 2008 in the Federal Register (73 FR 15835). 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-2008-0048.''
    For further information on this decision, contact Mr. Ed Chan, 
Office of Vehicle Safety Compliance, the National Highway Traffic 
Safety Administration (NHTSA), telephone (202) 493-0335, facsimile 
(202) 366-3081.
    Affected are approximately 115,000 model years 2007 and 2008 
Hyundai Elantra passenger cars produced beginning July 14, 2006 through 
November 23, 2007.

[[Page 38291]]

    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 described the noncompliance as the failure to provide 
specific written explanation of the meaning of the pictogram that 
appears on the lower anchorage identification circles in the owner's 
manuals provided with the affected vehicles.
    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 7 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 7 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 Decision

    NHTSA agrees with Hyundai that the noncompliance is inconsequential 
to motor vehicle safety.
    The pictogram that Hyundai imprinted on the lower anchorage 
identification circles is designated by the ISO (the International 
Organization for Standardization), a worldwide federation of national 
standards bodies, as a ``child seat'' \1\ symbol for use in road 
vehicle controls, indicators and tell-tales.
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    \1\ ISO 2575: Road vehicles--Symbols for controls, indicators 
and tell-tales.
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    Although a description of the pictogram in the owner's manual can 
improve a user's recognition of the purpose for the lower anchorages, 
we think the risk created by this particular noncompliance is 
negligible with no impact on child occupant safety.
    In consideration of the foregoing, NHTSA has decided that Hyundai 
has met its burden of persuasion that the labeling noncompliances 
described are inconsequential to motor vehicle safety. Accordingly, 
Hyundai's petition is granted and the petitioner is exempted from the 
obligation of providing notification of, and a remedy for, the 
noncompliances under 49 U.S.C. 30118 and 30120.

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

    Issued on: June 27, 2008.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. E8-15130 Filed 7-2-08; 8:45 am]

BILLING CODE 4910-59-P
