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[Federal Register Volume 77, Number 72 (Friday, April 13, 2012)]
[Notices]
[Pages 22386-22387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8895]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2012-0041; 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 2011 and 2012 Hyundai Sonata Hybrid 
passenger cars, do not fully comply with paragraph S4.1.5.5.2 of 
Federal Motor Vehicle Safety Standard (FMVSS) No. 208, Occupant Crash 
Protection. Hyundai has filed an appropriate report dated March 8, 
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 14,728 model year 
2011 and 2012 Hyundai Sonata Hybrid vehicles produced beginning on 
December 2, 2010 and shipped to dealers through March 7, 2012 that are 
equipped with a center rear seat belt incorporating a release mechanism 
that detaches both the lap and shoulder portion at the lower anchorage 
point.
    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 14,728 \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 vehicles 
manufacturer from the notification and recall responsibilities of 49 
CFR part 573 for the 14,728 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 motor 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 
affected vehicles do not comply with Paragraph S4.1.5.5.2 because they 
are equipped with a non-folding rear seat back and a center rear seat 
belt incorporating a release mechanism that detaches both the lap and 
shoulder portion at the lower anchorage point to allow improved 
assembly line procedures.
    Rule text: Paragraph S4.1.5.5 of FMVSS No. 208 requires in 
pertinent part:

    S4.1.5.5 Passenger cars manufactured on or after September 1, 
2007.
    S4.1.5.5.1 Except as provided in S4.1.5.5.2, each passenger car 
shall have a Type 2 seat belt assembly that conforms to Standard No. 
209 and to S7.1 and S7.2 of this standard at each rear designated 
seating position, except that side-facing designated seating 
positions shall have a Type 1 or Type 2 seat belt assembly that 
conforms to Standard No. 209 and to S7.1 and S7.2 of this standard.
    S4.1.5.5.2 Any inboard designated seating position on a seat for 
which the entire seat back can be folded (including the head 
restraints and any other part of the vehicle attached to the seat 
back) such that no part of the seat back extends above a horizontal 
plane located 250 mm above the highest SRP located on the seat may 
meet the requirements of S4.1.5.5.1 by use of a belt incorporating a 
release mechanism that

[[Page 22387]]

detaches both the lap and shoulder portion at either the upper or 
lower anchorage point, but not both. The means of detachment shall 
be a key or key-like object.

Summary of Hyundai's Analysis and Arguments

    Hyundai believes that the installation of a center rear seat belt 
incorporating a release mechanism that detaches both the lap and 
shoulder portion at the lower anchorage point in a vehicle with a 
nonfolding rear seat back is inconsequential as it relates to motor 
vehicle safety. The seat belt assembly complies with FMVSS No. 208 
requirements and with FMVSS No. 209 requirements, with the sole 
exception that it may be detached from the lower anchorage by use of a 
tool, such as a key or key-like object. If the rear seat back of the 
Sonata Hybrid vehicle was simply capable of being folded, which would 
have no effect upon seat belt performance, this detachable aspect would 
not result in a compliance issue.
    Hyundai also stated its belief that it is clear from the intended 
difficulty in detaching the seat belt and the instructions contained in 
the vehicle owner's manual that the seat belt should not be detached. 
Further, in the Sonata Hybrid with a fixed rear seat back, there is no 
advantage or reason for the owner to detach the center rear seat belt 
from the lower anchorage.
    Hyundai has additionally informed NHTSA that it has corrected the 
noncompliance so that all future production vehicles will comply with 
FMVSS No. 208.
    With consideration of the above information, Hyundai Motor Company 
does not believe that it is appropriate to conduct a recall campaign to 
replace the center rear seat belts in vehicles that have been delivered 
to customers.
    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 (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: May 14, 2012.

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

    Issued on: April 9, 2012.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2012-8895 Filed 4-12-12; 8:45 am]
BILLING CODE 4910-59-P
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