[Federal Register Volume 69, Number 76 (Tuesday, April 20, 2004)]
[Notices]
[Pages 21186-21187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8929]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2004-17440; Notice 1]
Hyundai Motor Company, Receipt of Petition for Decision of
Inconsequential Noncompliance
Hyundai Motor Company (Hyundai) has determined that certain
vehicles that it produced do not comply with S5.3.5(a) of Federal Motor
Vehicle Safety Standard (FMVSS) No. 105, ``Hydraulic and electric brake
systems''; and S5.5.5 of FMVSS No. 135, ``Passenger car brake
systems''. Hyundai has filed an appropriate report pursuant to 49 CFR
Part 573, ``Defect and Noncompliance Reports.''
Pursuant to 49 U.S.C. 30118(d) and 30120(h), 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.
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.
S5.3.5 of FMVSS No. 105 requires that ``Each indicator lamp shall
display word, words or abbreviation * * * which shall have letters not
less than 1/8-inch high.'' S5.5.5 of FMVSS No. 135 requires that ``Each
visual indicator shall display a word or words * * * [which] shall have
letters not less than 3.2 mm (1/8 inch) high.''
Approximately 237,994 vehicles are affected. Approximately 142,667
vehicles do not meet the letter height requirement for the abbreviation
``ABS,'' where the letter height varies from 2.5 mm to 3.1 mm. These
include MY 1998--2004 Accents, MY 1998--2004 Elantras, MY 2002--2004
Tiburons, MY 1999--2004 Sonatas, MY 2001--2004 XGs, and MY 2001--2004
Santa Fes. Approximately 95,327 vehicles do not meet the letter height
requirements for the word ``brake,'' where the letter height varies
from 2.9 mm to 3.1 mm. These include MY 1998--1999 Accents and MY
1998--2001 Tiburons.
Hyundai believes that the noncompliance is inconsequential to motor
vehicle safety and that no corrective action is warranted. Hyundai
states that the International Organization for Standardization (ISO)
symbol for the ABS and the ``ABS'' lettering are part of the same ABS
warning indicator, and both are simultaneously illuminated in yellow by
the same lighting source. Hyundai explains that both identifications
illuminate simultaneously during the instrument cluster warning lamp
operation check, and also if an ABS malfunction occurs. Hyundai further
states that although the ABS lettering that appears within the ISO
symbol is slightly smaller than 3.2 mm in height, the overall height of
the ABS warning lamp word/symbol combination significantly exceeds the
standard on each of the affected models.
Hyundai says that on the two models where the ``brake'' lettering
is slightly smaller than 3.2 mm in height, the ISO symbol for the brake
system and the parking brake ISO symbol are part of the same brake
warning indicator. Hyundai states that both the lettering and symbol
identifications illuminate simultaneously in red during the instrument
cluster warning lamp operation check, every time the parking brake is
applied, and also if a brake system malfunction occurs. Hyundai further
points out that although the ``brake'' lettering that appears below the
ISO symbols is slightly smaller than 3.2 mm in height, the overall
height of the ``brake'' warning lamp word and symbols combination
exceeds the standard.
Hyundai asserts that this noncompliance is inconsequential as it
relates to motor vehicle safety for the following five reasons:
1. The visual indicators in the vehicles are visible to the driver
under all driving conditions and therefore meet the requirements of
S5.3.4(a) of FMVSS No. 101, ``Controls and displays.''
2. Unlike FMVSS Nos. 105 and 135, other FMVSSs do not have specific
height dimensions for the display such as FMVSS No. 108, ``Lamps,
reflective devices and associated equipment''; FMVSS No. 121, ``Air
brake systems''; and FMVSS No. 208, ``Occupant crash protection.'' The
requirement in these standards is that the indicator or telltale be
clearly visible, recognizable, or discernible, or that the telltale is
an indicator to the driver. Hyundai states that the visual indicators
in the subject Hyundai vehicles are in full compliance with these
requirements.
3. NHTSA issued a notice of proposed rulemaking (NPRM) on September
23, 2003, to update and expand FMVSS No. 101. In this NPRM, NHTSA
proposed a new definition of ``telltale,'' as well as specific
requirements for such telltales. Specifically, the telltale must be
visible to the driver under certain conditions, must have certain
illumination characteristics, must have certain color characteristics,
and must be located in a specific place. The subject vehicles have
visual indicators (telltales) that are in full compliance with these
proposed requirements.
4. The owner's manual for each model contain graphic depictions of
the indicators, both lettering and ISO symbols, as they appear in the
vehicles with descriptions of their operations.
5. Hyundai is not aware of any consumer complaints, crashes, or
injuries associated with the size or visibility of the affected visual
indicators in the subject vehicles.
Hyundai asserts that the measure of inconsequentiality is whether
there is any effect of the noncompliance on operational safety, and
given the above five factors, Hyundai states the subject
[[Page 21187]]
noncompliance is inconsequential as it relates to motor vehicle safety.
Interested persons are invited to submit written data, views, and
arguments on the petition described above. 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. Mail: Docket Management
Facility, U.S. Department of Transportation, Nassif Building, Room PL-
401, 400 Seventh Street, SW., Washington, DC 20590-0001. Hand Delivery:
Room PL-401 on the plaza level of the Nassif Building, 400 Seventh
Street, SW., Washington, DC. It is requested, but not required, that
two copies of the comments be provided. The Docket Section is open on
weekdays from 10 am to 5 pm except Federal Holidays. Comments may be
submitted electronically by logging onto the Docket Management System
Web site at http://dms.dot.gov. Click on ``Help'' to obtain
instructions for filing the document electronically. Comments may be
faxed to 1-202-493-2251, or may be submitted to the Federal eRulemaking
Portal: go to http://www.regulations.gov. Follow the online
instructions for submitting comments.
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 20, 2004.
(Authority: 49 U.S.C. 30118, 30120: delegations of authority at CFR
1.50 and 501.8)
Issued on: April 14, 2004.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-8929 Filed 4-19-04; 8:45 am]
BILLING CODE 4910-59-P
