[Federal Register Volume 69, Number 130 (Thursday, July 8, 2004)]
[Notices]
[Pages 41332-41333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15562]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2004-17439; Notice 2]


Kia Motors America, Inc. and Kia Motors Corp., Grant 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.'' Pursuant to 49 U.S.C. 30118(d) and 
30120(h), Kia has petitioned for a determination that this 
noncompliance is inconsequential to motor vehicle safety and has filed 
an appropriate report pursuant to 49 CFR part 573, ``Defect and 
Noncompliance Reports.'' Notice of receipt of the petition was 
published with a 30 day comment period on April 20, 2004 in the Federal 
Register (69 FR 21188). NHTSA received no comments.
    A total of approximately 496,058 vehicles are affected. These 
vehicles 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 further states that the brake and antilock system warning 
lights in all the Kia vehicles involved in this petition include an 
International Standards Organization (ISO) symbol combined with the 
word ``brake'' or the abbreviation ``ABS.'' 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 combine to assure an easily 
identifiable and readable display. In this regard, Kia points out that 
in 1982, NHTSA granted a Subaru of America, Inc. petition involving 
passenger vehicles where the lettering of ``brake'' was only 2.2 mm 
high, but which used the ISO symbol in conjunction with the word 
``brake'' (47 FR 31347). In 1986, NHTSA granted an Alfa Romeo, Inc. 
petition involving passenger vehicles which used the ISO symbol instead 
of the word ``brake'' (51 FR 36769). In 1994, NHTSA granted a Ford 
Motor Company petition involving passenger vehicles which similarly 
used the ISO symbol instead of the word ``brake'' (59 FR 40409).
    The agency agrees with Kia this noncompliance will not have an 
adverse effect on vehicle safety. Due to the positioning, color, use of 
the ISO

[[Page 41333]]

symbol, and combined size of both the lettering and symbols, 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. The information presented by the telltales is 
correct. Kia has not received any complaints regarding the size or 
visibility of either light. Kia has corrected the problem.
    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, 
Kia'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).

    Issued on: July 1, 2004.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-15562 Filed 7-7-04; 8:45 am]
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