
[Federal Register Volume 77, Number 110 (Thursday, June 7, 2012)]
[Notices]
[Pages 33807-33808]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13801]



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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2012-0045; Notice 1]


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

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Receipt 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 2012 Hyundai Veracruz multipurpose 
passenger vehicles (MPV) manufactured August 9, 2011, through January 
8, 2012, that were equipped with 7J x 18 wheel rims, do not fully 
comply with paragraph S4.3.3 of Federal Motor Vehicle Safety Standard 
(FMVSS) No. 110, Tire Selection and Rims and Motor Home/Recreation 
Vehicle Trailer Load Carrying Capacity Information for Motor Vehicles 
with a GVWR of 4,536 Kilograms (10,000 pounds) or less. Hyundai has 
filed an appropriate report dated February 9, 2012, pursuant to 49 CFR 
part 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) (see implementing rule 
at 49 CFR part 556), Hyundai submitted a petition 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.
    Vehicles involved: Affected are approximately 2,764 model year 2012 
Hyundai Veracruz vehicles produced beginning on August 9, 2011, through 
January 8, 2012, that were equipped with 7J x 18 wheel rims at the 
assembly plant.
    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, these provisions 
only apply to the subject 2,764 \2\ vehicles that Hyundai no longer 
controlled at the time it determined that the noncompliance existed.
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    \2\ Hyundai's petition, which was filed under 49 CFR part 556, 
requests an agency decision to exempt Hyundai as a motor vehicle 
manufacturer from the notification and recall responsibilities of 49 
CFR part 573 for the 2,764 affected vehicles. However, a decision on 
this petition will not relieve vehicle distributors and dealers of 
the prohibitions on the sale, offer for sale, introduction or 
delivery for introduction into interstate commerce of the 
noncompliant vehicles under their control after Hyundai notified 
them that the subject noncompliance existed.
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    Noncompliance: Hyundai explains that the noncompliance is that the 
rim size information required by paragraph S4.3.3 of FMVSS No. 110 was 
omitted from the certification labels that it installed on the affected 
vehicles.
    Rule text: Paragraph S4.3.3 of FMVSS No. 110 requires:

    S4.3.3 Additional labeling information for vehicles other than 
passenger cars. Each vehicle shall show the size designation and, if 
applicable, the type designation of rims (not necessarily those on 
the vehicle) appropriate for the tire appropriate for use on that 
vehicle, including the tire installed as original equipment on the 
vehicle by the vehicle manufacturer, after each GAWR listed on the 
certification label required by Sec.  567.4 or Sec.  567.5 of this 
chapter. This information shall be in the English language, lettered 
in block capitals and numerals not less than 2.4 millimeters high 
and in the following format

Truck Example--Suitable Tire-Rim Choice
GVWR: 2,441 kilograms (5381 pounds).
GAWR: Front--1,299 kilograms (2,864 pounds) with P265/70R16 tires, 
16 x 8.0 rims at 248 kPa (36 psi) cold single.
GAWR: Rear--1,299 kilograms (2,864 pounds) with P265/70R16 tires, 16 
x 8.00 rims, at 248 kPa (36 psi) cold single.

Summary of Hyundai's Analysis and Arguments

    Hyundai believes that the missing rim size information on the 
certification label is inconsequential as it relates to motor vehicle 
safety, because this information is readily available to the vehicle 
owner through other sources that are required to be furnished with the 
vehicle. The rim size is marked on the rims and is included in the 
Owner's Manual, which is referenced as an information source by the 
tire placard which is positioned adjacent to the certification label on 
the ``B'' pillar. FMVSS No. 110 paragraph 4.4.2(b) \3\ requires that 
each rim be marked with the rim size designation. The affected vehicles 
are equipped with rims that are marked with the rim size and meet the 
requirements of FMVSS No. 110 paragraph 4.4.2.
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    \3\ The citation that Hyundai referenced for rim size 
designation marking requirements in its petition, paragraph S4.2.2, 
is incorrect. The correct citation is paragraph S4.4.2.
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    Additionally, the tire placard required by FMVSS No. 110 paragraph 
4.3(d) requires that the tire size designation be provided for the 
tires installed at the time of the first purchase and FMVSS No. 110 
paragraph S4.3(f) requires that the placard state ``See Owner's Manual 
for Additional Information''. The affected vehicles are equipped with 
placards that meet the requirements of FMVSS No. 110 paragraph 4.3.
    Hyundai also stated that they are not aware of any notices, 
bulletins, or other communications that relate directly to the 
noncompliance sent to more than one manufacturer, distributor, dealer, 
or purchaser.
    Hyundai has additionally informed NHTSA that it has corrected the 
noncompliance so that all future production vehicles will comply with 
FMVSS No. 110.
    In summation, Hyundai believes that the described noncompliance of 
its 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.
    Comments: 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

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(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://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: July 9, 2012.

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

    Issued on: May 31, 2012.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2012-13801 Filed 6-6-12; 8:45 am]
BILLING CODE 4910-59-P


