[Federal Register Volume 68, Number 148 (Friday, August 1, 2003)]
[Notices]
[Pages 45308-45309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19546]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Denial of Motor Vehicle Defect Petition

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation.

ACTION: Denial of petition for a defect investigation.

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SUMMARY: This notice sets forth the reasons for the denial of a 
petition submitted by Mr. Jon Welch, dated February 15, 2003, and 
received by the NHTSA's Office of Defects Investigation (ODI) on March 
10, 2003, under 49 U.S.C. 30162, requesting that the agency commence a 
proceeding to determine the existence of a defect related to motor 
vehicle safety with respect to the air bag system in model year (MY) 
1999 Hyundai Sonata vehicles. After a review of the petition and other 
information, NHTSA has concluded that further expenditure of the 
agency's investigative resources on the issues raised by the petition 
does not appear to be warranted. The agency accordingly

[[Page 45309]]

has denied the petition. The petition is hereinafter identified as 
DP03-001.

FOR FURTHER INFORMATION CONTACT: Mr. Christopher J. Wiacek, Defects 
Assessment Division, Office of Defects Investigation, NHTSA, 400 
Seventh Street, SW., Washington, DC 20590. Telephone: (202) 366-7042.

SUPPLEMENTARY INFORMATION: By letter dated February 15, 2003, Mr. Jon 
Welch submitted a petition requesting that the agency investigate the 
performance of the frontal air bag system of MY 1999 Hyundai Sonata 
vehicles (subject vehicles). The petitioner alleges that the front air 
bags do not deploy when a vehicle is subjected to certain frontal 
crashes. Mr. Welch petitioned the agency after his vehicle was involved 
in a frontal crash in which the air bags did not deploy and the driver 
sustained injuries.
    ODI requested information from Hyundai America Technical Center, 
Inc. (Hyundai), pertaining to the air bag system in MY 1999 through 
2001 Sonata vehicles. The subject vehicle was a new design for MY 1999. 
According to Hyundai, MY 2000 and 2001 Sonatas employ the same frontal 
air bag system. Hyundai has produced for sale in the United States 
119,469 MY 1999 through 2001 Sonata vehicles, including 23,988 MY 1999, 
49,397 MY 2000, and 46,084 MY 2001 vehicles. Hyundai stated in its 
response that it has received 49 reports of the frontal air bags in MY 
1999 Sonata vehicles not deploying in a crash. These reports include 
two of the four reports that ODI has received directly from consumers. 
Hyundai received 84 allegations of the air bags not deploying in the MY 
2000 vehicles and 63 such allegations with respect to the MY 2001 
vehicles.
    Hyundai stated in its response, ``Many owners do not realize that 
air bag deployment is not required or beneficial in any and all 
collisions. Many of these owners believe that an air bag should deploy 
in any collision event, regardless of collision speed, angles or the 
type of object that was struck. These owners believe that the existence 
of any collision-induced damage is proof that air bags should have 
deployed in a collision.''
    Each manufacturer designs its vehicles so the air bags will deploy 
if the severity of a crash exceeds a certain threshold. However, there 
is no Federal requirement establishing a particular threshold. Most 
manufacturers design their frontal air bags to deploy when the crash 
severity is in the range of an 8 to 14 mph crash into a fixed solid 
barrier. This severity is about the same as a crash into another 
vehicle of equivalent weight at 16 to 28 mph. In lower speed crashes, 
where the air bag does not deploy, occupant protection is provided by 
the design of the interior surfaces in the vehicle, as well as by the 
safety belts provided at each seating position.
    In a crash, a number of factors, other than crash severity, can 
affect whether an air bag will deploy; e.g., the angle of impact, the 
speed of the other vehicle, and the amount of force absorbed by the 
other vehicle or object that is impacted. Only an expert in crash 
reconstruction can provide an educated opinion as to whether the air 
bag in a vehicle should have deployed in a specific crash.
    Hyundai included in its response police accident reports, crash 
analyses, photographs, and other information with respect to many of 
the consumer complaints. This information indicates that there have not 
been any reports of front seat occupants sustaining fatal or 
incapacitating injuries as a result of any of these incidents. The 
injuries were relatively minor, such as bruising, lacerations, and 
whiplash.
    From the narrative complaint data, police accident reports, and 
photographs of the crashed vehicles, it appears that most of the 
incidents involved minor bumper or under-ride damage where the 
vehicle's front structure was not impacted. In those cases where 
Hyundai inspected the air bag electronic control module for a possible 
system failure, there were no diagnostic fault codes found. According 
to Hyundai, the modules appeared to have been operating properly in 
those vehicles.
    Some of the vehicle owners stated that the driver's frontal air bag 
deployed, but the passenger's frontal air bag did not. In those 
instances in which the front passenger seat was unoccupied, the vehicle 
performed as designed. The subject vehicles are equipped with a front 
passenger occupant detection system and will only deploy the passenger 
air bag when the passenger seat is occupied.
    Hyundai has recalled the subject vehicles (Recall numbers 
01V347000, 02V105000 and 01V15002) to address safety defects related to 
the side impact air bag system. Recall 01V347000 pertained to the air 
bag warning light illuminating due to motion of the side impact air bag 
wiring harness and the side impact air bag wiring harness connector. 
According to Hyundai, if the air bag light is illuminated as a result 
of this issue or the recall remedy was not performed, it would not 
affect the performance of the frontal air bag system. Recalls 02V105000 
and 01V15002 also concern the side impact air bag wiring harness 
connector not being securely fastened to the side impact air bag wiring 
harness. If the connection is not secure, the air bag warning light 
could illuminate, and the side impact air bags may not deploy in an 
appropriate crash. Again, these recalls are unrelated to the 
performance of the frontal air bags in these vehicles.
    In view of the foregoing, it is unlikely that the NHTSA would issue 
an order for the notification and remedy of the alleged defect as 
defined by the petitioner at the conclusion of the investigation 
requested in the petition. Therefore, in view of the need to allocate 
and prioritize the NHTSA's limited resources to best accomplish the 
agency's safety mission, the petition is denied.

    Authority: 49 U.S.C. 30162(d); delegations of authority at CFR 
1.50 and 501.8.

    Issued: July 28, 2003.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 03-19546 Filed 7-31-03; 8:45 am]
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