[Federal Register Volume 69, Number 76 (Tuesday, April 20, 2004)]
[Notices]
[Pages 21188-21189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8926]



[[Page 21188]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-17439; Notice 1]


Kia Motors America, Inc. and Kia Motors Corp., Receipt of 
Petition for Decision of Inconsequential Noncompliance

    Kia Motors America, Inc. and Kia Motors Corp. (Kia), have 
determined that certain vehicles that Kia produced do not comply with 
provisions of Federal Motor Vehicle Safety Standard (FMVSS) Nos. 101, 
``Controls and displays;'' 105, ``Hydraulic and electric brake 
systems;'' and 135, ``Passenger car brake systems.'' Kia 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), Kia 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 Kia'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.
    Affected are a total of approximately 496,058 vehicles that do not 
meet the letter height requirements for brake system warning lights for 
the abbreviation ``ABS'' and in some cases the word ``brake.'' FMVSS 
No. 101, ``Controls and displays,'' Table 2, Column 3, ``Identifying 
Words or Abbreviation,'' with regard to brake systems says, ``* * * see 
FMVSS 105 and 135.'' S5.3.5 of FMVSS No. 105, ``Hydraulic and electric 
brake systems,'' 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.''
    A total of 460,792 vehicles do not meet the letter height 
requirements for the word ``brake'' and abbreviation ``ABS'' for brake 
warning systems. These noncompliant vehicles are 143,046 MY 2000-2001 
Sephias with a ``brake'' letter height of 2.2 mm and an ``ABS'' letter 
height of 1.7 mm, 128,565 MY 2002-2004 Sedonas with a ``brake'' letter 
height of 1.9 mm and an ``ABS'' letter height of 1.9 mm, and 189,181 MY 
2000-2004 Spectras with a ``brake'' letter height of 2.2 mm and an 
``ABS'' letter height of 1.7 mm.
    An additional 35,266 vehicles do not meet the letter height 
requirements for the abbreviation ``ABS.'' These noncompliant vehicles 
are 957 MY 1995-1999 Sephias with an ``ABS'' letter height of 2.8 mm, 
33,023 MY 2003-2004 Sorentos with an ``ABS'' letter height of 1.9 mm, 
and 1286 MY 2001-2004 Rios with an ``ABS'' letter height of 2.0 mm.
    Kia believes that the noncompliance is inconsequential to motor 
vehicle safety, and that no corrective action is warranted. Kia states 
that the brake and ABS system warning lights are positioned for ready 
viewing by the driver, and that they are illuminated in red (brake 
warning light) or yellow (ABS light), colors that are generally 
understood by vehicle users to be indicators of unsafe condition.
    Kia says that NHTSA has acted on four petitions involving brake 
system warning lights that were in noncompliance with the labeling 
requirements of FMVSS No. 101, 105, or 135. Kia summarizes these 
actions as follows:

    In 1982, NHTSA granted a Subaru of America, Inc. petition 
involving passenger vehicles which used the ISO symbol in 
conjunction with the word ``brake,'' but where the lettering of 
``brake'' was only 2.2 mm high. NHTSA agreed that the positioning of 
the warning light, combined with the ISO symbol, was an easily 
identifiable and very readable display. (47 FR 31347, 7/19/82). In 
1985, NHTSA denied a Volkswagen of America, Inc. petition involving 
passenger vehicles which also used the ISO symbol instead of the 
word ``brake.'' (50 FR 28678, 7/15/85). In 1986, recognizing the 
then growing use and acceptance of ISO symbols for vehicle controls 
and displays, NHTSA granted an Alfa Romeo, Inc. petition involving 
passenger vehicles which also used the ISO symbol instead of the 
word ``brake.'' (51 FR 36769, 10/15/86). In 1994, NHTSA granted a 
Ford Motor Company petition involving passenger vehicles which, 
instead of having the brake system warning light identified by the 
word ``brake,'' had it instead identified by the ISO symbol. (59 FR 
40409, 8/8/94). In granting this petition, NHTSA commented that 
recognition of ISO symbols among the public had been increasing and 
was likely to increase still further over time.

    Kia further states that the brake and antilock system warning 
lights in all the Kia vehicles involved in this petition include an ISO 
symbol combined with the word ``brake'' or the abbreviation ``ABS.'' 
Kia asserts that NHTSA has stated that recognition of ISO symbols among 
the public has steadily increased over recent years, and NHTSA has 
recently proposed the adoption of ISO symbols for controls and displays 
in motor vehicles, including the same ISO symbols utilized by Kia in 
the affected vehicles. Kia quotes from NHTSA's notice of proposed 
rulemaking as follows: ``The ISO symbol set has existed for many years. 
The great majority of vehicles manufactured for sale in the U.S. 
already use many of these symbols. As a result, U.S. drivers have 
become familiar with many of them through exposure in their current 
vehicles.''
    Kia states that it believes the ISO symbols which it uses in 
conjunction with the word ``brake'' and abbreviation ``ABS'' are 
commonly understood by the driving public. Kia says that, although the 
``brake'' or ``ABS'' lettering within the warning light is less than 
the minimum letter height standard of 3.2 mm, the combined height of 
the entire brake or ABS warning light symbol and lettering ranges from 
a low of 6 mm for the brake light in the Kia Sephia to a high of 6.8 mm 
for the ABS light in the Kia Sedona, which significantly exceeds the 
3.2 mm standard of FMVSS Nos. 101, 105, and 135. Kia asserts that all 
these factors (positioning, color, use of the ISO symbol, and combined 
size of both the lettering and symbol) combine to assure an easily 
identifiable and very readable display.
    Kia asserts that, for the above reasons, it is very unlikely that a 
vehicle user would either fail to see or fail to understand the meaning 
of the brake or ABS warning light in the affected vehicles. Nor, Kia 
says, has it received any complaints regarding the size or visibility 
of either light.
    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 a.m. to 5 p.m. 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.

[[Page 21189]]

    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. 04-8926 Filed 4-19-04; 8:45 am]
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