
[Federal Register: March 2, 2009 (Volume 74, Number 39)]
[Notices]               
[Page 9125-9127]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02mr09-70]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0133; Notice 2]

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

    Hyundai Motor Company (Hyundai), has determined that certain 
replacement seat belt assemblies sold for various model and model year 
Hyundai vehicles, including 2008 model year vehicles, did not fully 
comply with paragraphs S4.1(k) and S4.1(l) of 49 CFR 571.209 Federal 
Motor Vehicle Safety Standards (FMVSS) No. 209 Seat Belt Assemblies. 
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) and the rule 
implementing those provisions at 49 CFR Part 556, Hyundai has 
petitioned for an

[[Page 9126]]

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 August 20, 2008 in the Federal 
Register (73 FR 49238). 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-2008-0133.''
    For further information on this decision, contact Ms. Claudia 
Covell, Office of Vehicle Safety Compliance, the National Highway 
Traffic Safety Administration (NHTSA), telephone (202) 366-5293, 
facsimile (202) 366-7002.
    Affected are an unknown number of replacement seat belt assemblies 
sold for various model and model year Hyundai vehicles prior to May 9, 
2008.
    Paragraphs S4.1(k) and S4.1(l) of FMVSS No. 209 require:

    (k) Installation instructions. A seat belt assembly, other than 
a seat belt assembly installed in a motor vehicle by an automobile 
manufacturer, shall be accompanied by an instruction sheet providing 
sufficient information for installing the assembly in a motor 
vehicle. The installation instructions shall state whether the 
assembly is for universal installation or for installation only in 
specifically stated motor vehicles, and shall include at least those 
items specified in SAE Recommended Practice J800c, ``Motor Vehicle 
Seat Belt Installations,'' November 1973. If the assembly is for use 
only in specifically stated motor vehicles, the assembly shall 
either be permanently and legibly marked or labeled with the 
following statement, or the instruction sheet shall include the 
following statement:
    This seat belt assembly is for use only in [insert specific 
seating position(s), e.g., ``front right''] in [insert specific 
vehicle make(s) and model(s)].
    (l) Usage and maintenance instructions. A seat belt assembly or 
retractor shall be accompanied by written instructions for the 
proper use of the assembly, stressing particularly the importance of 
wearing the assembly snugly and properly located on the body, and on 
the maintenance of the assembly and periodic inspection of all 
components. The instructions shall show the proper manner of 
threading webbing in the hardware of seat belt assemblies in which 
the webbing is not permanently fastened. Instructions for a 
nonlocking retractor shall include a caution that the webbing must 
be fully extended from the retractor during use of the seat belt 
assembly unless the retractor is attached to the free end of webbing 
which is not subjected to any tension during restraint of an 
occupant by the assembly. Instructions for Type 2a shoulder belt 
shall include a warning that the shoulder belt is not to be used 
without a lap belt.

    Hyundai explains that the subject replacement seat belt assemblies 
were sold without the installation, usage, and maintenance instructions 
required by paragraphs S4.1(k) and S4.1(1) of FMVSS 209.
    Hyundai makes the argument that the replacement seat belt 
assemblies in question are only made available to Hyundai authorized 
dealerships for their use or subsequent resale and that the Hyundai 
parts ordering process used by its dealers clearly identifies the 
correct replacement part required by model year, model, and seating 
position. Furthermore, Hyundai states that its replacement seat belt 
assemblies are designed to be installed properly only in their intended 
application.
    Hyundai additionally states that technicians at Hyundai dealerships 
that replace seat belts have access to the installation instruction 
information available in Hyundai Shop Manuals. Installers other than 
Hyundai dealership technicians also have seat belt installation 
information available because Hyundai Shop Manual information, 
including seat belt replacement information, is made available to the 
general public on the Hyundai Service Web site (http://
www.hmaservice.com) which provides free access to every Hyundai Shop 
Manual, including information about seat belt installation.
    Hyundai additionally argues that a significant portion of paragraph 
S4.1(k) appears to address a concern with proper installation of 
aftermarket seat belts into vehicles that were not originally equipped 
with these restraints. Hyundai also notes that SAE J800c, which is 
cited in the regulation, involves installation of ``universal type seat 
belt assemblies,'' particularly where no seat belt had previously been 
installed, and that these concerns do not apply to replacement seat 
belts. The vehicles involved in this petition have uniquely designed 
seat belt components and replacement seat belt assemblies are installed 
into the identical location from which the original parts were removed.
    Hyundai also states that proper seat belt usage instructions are 
clearly explained in the Owner's Manual that is included with each new 
vehicle. Information concerning maintenance, periodic inspection for 
wear and function of the seat belts, as well as for their proper usage 
is included in the vehicle Owner Manual and this information equally 
applies to replacement seat belt assemblies.
    Hyundai first became aware of the noncompliance when it was 
contacted by NHTSA in response to a consumer inquiry received by NHTSA.
    Hyundai also stated that it has corrected the problem that caused 
these errors so that they will not be repeated in future production.
    In summation, Hyundai states that it believes that because the 
noncompliances are inconsequential to motor vehicle safety that no 
corrective action is warranted.

NHTSA Decision

    To help ensure proper selection, installation, usage, and 
maintenance of seat belt assemblies, paragraph S4.1(k) of FMVSS No. 209 
requires that installation, usage, and maintenance instructions be 
provided with seat belt assemblies, other than those installed by an 
automobile manufacturer.
    First, we note that the subject seat belt assemblies are only made 
available to Hyundai authorized dealerships for their use or subsequent 
resale. Because the parts ordering process used by Hyundai authorized 
dealerships clearly identifies the correct service part required by 
model year, model, and seating position, NHTSA believes that there is 
little likelihood that an inappropriate seat belt assembly will be 
provided for a specific seating position within a Hyundai vehicle.
    Second, we note that technicians at Hyundai dealerships have access 
to the seat belt assembly installation instruction information in 
Hyundai Shop Manuals. In addition, installers other than Hyundai 
dealership technicians can access the installation instructions on the 
Hyundai Web sites and through other aftermarket service information 
compilers. We also believe that Hyundai is correct in stating that the 
seat belt assemblies are designed to be installed properly only in 
their intended application. Thus, we conclude that sufficient 
safeguards are in place to prevent the installation of an improper seat 
belt assembly.
    NHTSA recognizes the importance of having installation instructions 
available to installers and use and maintenance instructions available 
to consumers. The risk created by this noncompliance is that someone 
who purchased an assembly is unable to obtain the necessary 
installation information resulting in an incorrectly installed seat 
belt assembly. However, because the seat belt assemblies are designed 
to be installed properly only in their intended application and the 
installation information is widely available to the public, it appears 
that there is little likelihood that installers will not be able to 
access the installation instructions. Furthermore, we note that

[[Page 9127]]

Hyundai has stated that they are not aware of any customer field 
reports of service seat belt assemblies being incorrectly installed in 
the subject applications, nor aware of any reports requesting 
installation instructions. These findings suggest that it is unlikely 
that seat belts have been improperly installed.
    In addition, although 49 CFR Part 571.209 paragraph S4.1(k) 
requires certain instructions specified in SAE Recommended Practice 
J800c be included in seat belt replacement instructions, that 
requirement applies to seat belts intended to be installed in seating 
positions where seat belts do not already exist. The subject seat belt 
assemblies are only intended to be used for replacement of original 
equipment seat belts; therefore, the instructions do not apply to the 
subject seat belt assemblies.\1\
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    \1\ Subaru of America, Inc.; Grant of Application for Decision 
of Inconsequential Non-Compliance (65 FR 67472).
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    With respect to seat belt usage and inspection instructions, we 
note that this information is available in the Owner Handbooks that are 
included with each new vehicle as well as free of charge on the Hyundai 
Web sites and apply to the replacement seat belt assemblies installed 
in these vehicles. Thus, with respect to usage and maintenance 
instructions, it appears that Hyundai has met the intent of S4.1(l) of 
FMVSS No. 209 for the subject vehicles using alternate methods for 
notification.
    NHTSA has granted similar petitions for noncompliance with seat 
belt assembly installation and usage instruction standards. Refer to 
Ford Motor Company (73 FR 11462, March 3, 2008); Mazda North America 
Operations (73 FR 11464, March 3, 2008); Ford Motor Company (73 FR 
63051, October 22, 2008); Subaru of America, Inc. (65 FR 67471, 
November 9, 2000); Bombardier Motor Corporation of America, Inc. (65 FR 
60238, October 10, 2000); TRW, Inc. (58 FR 7171, February 4, 1993); and 
Chrysler Corporation, (57 FR 45865, October 5, 1992). In all of these 
cases, the petitioners demonstrated that the noncompliant seat belt 
assemblies were properly installed, and due to their respective 
replacement parts ordering systems, improper replacement seat belt 
assembly selection and installation would not be likely to occur.
    In consideration of the foregoing, NHTSA has decided that Hyundai 
has met its burden of persuasion that the seatbelt installation and 
usage instruction noncompliances described are inconsequential to motor 
vehicle safety. Accordingly, Hyundai's application is granted, and it 
is exempted from providing the notification of noncompliance that is 
required by 49 U.S.C. 30118, and from remedying the noncompliance, as 
required by 49 U.S.C. 30120. All products manufactured or sold on and 
after May 9, 2008, must comply fully with the requirements of FMVSS No. 
209.

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

    Issued on: February 24, 2009.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. E9-4275 Filed 2-27-09; 8:45 am]

BILLING CODE 4910-59-P
