22386 Federal Register / Vol. 77, No. 72 / Friday, April 13, 2012 / Notices 

1Hyundai America Technical Center, Inc., is a 

corporation registered under the laws of the state 

of Michigan. 

2Hyundai’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. 

indicates the components are 

unauthorized, further operation and use 

of the vehicle is restricted or even 

impossible. 

In order to ensure the reliability and 

durability of the device, Porsche 

conducted tests based on its own 

specified standards. Porsche provided a 

detailed list of tests conducted and 

believes that its device is reliable and 

durable since the device complied with 

its specified requirements for each test. 

The test conducted included extreme 

temperature tests, voltage spike tests, 

reverse polarity tests, electromagnetic 

interference tests, vibration tests and 

endurance tests. Porsche stated that its 

antitheft device also features a built-in 

self-diagnostic that constantly checks 

for system failures. If a failure is 

detected, the operator receives a signal 

via an alarm indicator. 

In its MY 2013 modification, Porsche 

stated that it believes its new Boxster 

antitheft device will prove to be even 

more effective in reducing and deterring 

theft than its antitheft devices have 

proven in the past. Porsche also 

compared its device with other devices 

without alarms that NHTSA has 

determined to be as effective in 

reducing and deterring motor vehicle 

theft. Porsche stated that similar 

systems without alarms, i.e., GM PASS– 

Key, Mercedes Benz 202 vehicle line, 

Porsche Boxster (Cayman) as well as 

earlier 911 vehicle line devices, were 

determined to be as effective as partsmarking. Porsche also referenced the 

agency’s theft rate data for the Boxster 

vehicle line which indicates that its 

theft rates (MY/CY 2002–2009) are still 

below the median theft rate of 3.5826. 

The average theft rates for the Boxster 

vehicle line (Boxster convertible and 

Cayman coupe) using the most current 

3 MY’s theft rate data are 0.3789 and 

0.7217, respectively. 

The agency has evaluated Porsche’s 

MY 2013 petition to modify the 

exemption for the Boxster vehicle line 

from the parts-marking requirements of 

49 CFR part 541, and has decided to 

grant it. The agency believes that the 

proposed device will continue to 

provide the five types of performance 

listed in § 543.6(a)(3): (1) Promoting 

activation, (2) attracting attention to the 

efforts of unauthorized persons to enter 

or operate a vehicle by means other than 

a key, (3) preventing defeat or 

circumvention of the device by 

unauthorized persons, (4) preventing 

operation of the vehicle by 

unauthorized entrants and (5) ensuring 

the reliability and durability of the 

device. 

If Porsche decides not to use the 

exemption for this line, it should 

formally notify the agency. If such a 

decision is made, the line must be fully 

marked according to the requirements 

under 49 CFR 541.5 and 541.6 (marking 

of major component parts and 

replacement parts). 

NHTSA suggests that if the 

manufacturer contemplates making any 

changes, the effects of which might be 

characterized as de minimis, it should 

consult the agency before preparing and 

submitting a petition to modify. 

Authority: 49 U.S.C. 33106; delegation of 

authority at 49 CFR 1.50. 

Issued on: April 10, 2012. 

Christopher J. Bonanti, 

Associate Administrator for Rulemaking. 

[FR Doc. 2012–8892 Filed 4–12–12; 8:45 am] 

BILLING CODE 4910–59–P 

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. 

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. 

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. 

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 


pmangrum on DSK3VPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 72 / Friday, April 13, 2012 / Notices 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, selfaddressed 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 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

[Docket No. PHMSA–2012–0024] 

Pipeline Safety: Information Collection 

Activities, Revision to Gas 

Transmission and Gathering Pipeline 

Systems Annual Report, Gas 

Transmission and Gathering Pipeline 

Systems Incident Report, and 

Hazardous Liquid Pipeline Systems 

Accident Report 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Notice and request for 

comments. 

SUMMARY: PHMSA is preparing to 

request approval from the Office of 

Management and Budget (OMB) for the 

revision of several forms in two 

currently approved information 

collections. PHMSA is looking at 

making several minor revisions to the 

hazardous liquid pipeline systems 

accident report and the gas transmission 

and gathering pipeline systems incident 

report. In addition, PHMSA is 

considering a number of revisions to the 

annual report form for gas transmission 

and gathering pipeline systems. In 

accordance with the Paperwork 

Reduction Act (PRA) of 1995, PHMSA 

invites comments only on the proposed 

revisions to the forms. 

DATES: Interested persons are invited to 

submit comments on or before June 12, 

2012. 

ADDRESSES: Comments may be 

submitted in the following ways: 

E-Gov Web Site: http:// 

www.regulations.gov. This site allows 

the public to enter comments on any 

Federal Register notice issued by any 

agency. 

Fax: 1–202–493–2251. 

Mail: Docket Management Facility; 

U.S. Department of Transportation 

(DOT), 1200 New Jersey Avenue SE., 

West Building, Room W12–140, 

Washington, DC 20590–0001. 

Hand Delivery: Room W12–140 on the 

ground level of DOT, West Building, 

1200 New Jersey Avenue SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

Instructions: Identify the docket 

number, PHMSA–2012–0024, at the 

beginning of your comments. Note that 

all comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. You 


pmangrum on DSK3VPTVN1PROD with NOTICES