[Federal Register Volume 69, Number 50 (Monday, March 15, 2004)]
[Notices]
[Pages 12196-12197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5743]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2003-16656; Notice 2]


Hyundai America Technical Center, Inc., Grant of Petition for 
Decision of Inconsequential Noncompliance

    Hyundai America Technical Center, Inc. (Hyundai), has determined 
that the rims on certain vehicles that it produced in 2000 through 2003 
do not comply with S5.2(a) and S5.2(c) of 49 CFR 571.120, Federal Motor 
Vehicle Safety Standard (FMVSS) No. 120, ``Tire selection and rims for 
motor vehicles other than passenger cars.'' 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. Notice of receipt of Hyundai's petition was published, with a 
30 day comment period, on December 15, 2003, in the Federal Register 
(68 FR 69768). NHTSA received no comments.
    S5.2 of FMVSS 120 requires that each rim be marked with certain 
information on the weather side, including S5.2(a): A designation which 
indicates the source of the rim's published nominal dimensions, and 
S5.2(c): the symbol DOT. Hyundai produced approximately 250,348 model 
year 2001, 2002, 2003 and 2004 Hyundai Santa Fe 4 door multipurpose 
passenger vehicles between March 31, 2000 and October 1, 2003, with 
rims that do not contain the markings required by S5.2(a) or S5.2(c).
    According to Hyundai, the affected rims, 6.5J x 16'' aluminum 
alloy, are commonly available and utilized in the United States. They 
are a correct specification for mounting the P225/70R16 tires specified 
for all Santa Fe models, and are capable of carrying the GVWR of the 
vehicle. Hyundai states that no accidents or injuries have occurred, 
and no customer complaints have been received, related to the lack of 
the markings or any problem that may have resulted from the lack of the 
markings. Hyundai further states that the missing markings do not 
affect the performance of the wheels or the tire and wheel assemblies.
    NHTSA agrees that the noncompliance is inconsequential to motor 
vehicle safety. The rims are marked in compliance with S5.2(b) rim size 
designation; S5.2(d) manufacturer identification; and S5.2(e) month, 
day and year or month and year of manufacture. The rims are also marked 
with the Hyundai part number. The tire

[[Page 12197]]

size is marked on the tire sidewalls, and the owner's manual and tire 
inflation pressure label contain the appropriate tire size to be 
installed on the original equipment rims. Therefore, there is little 
likelihood of a tire and rim mismatch as a result of the missing rim 
markings. With regard to the omission of the ``DOT'' symbol, the agency 
regards the noncompliance with paragraph S5.2(c) as a failure to comply 
with the certification requirements of 49 U.S.C. 30115, and not a 
compliance failure requiring notification and remedy.
    In consideration of the foregoing, NHTSA has decided that the 
petitioner has met its burden of persuasion that the noncompliance 
described is inconsequential to motor vehicle safety. Accordingly, 
Hyundai's petition is granted and the petitioner is exempted from the 
obligation of providing notification of, and a remedy for, the 
noncompliance.

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

Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-5743 Filed 3-12-04; 8:45 am]
BILLING CODE 4910-59-P