[Federal Register Volume 69, Number 131 (Friday, July 9, 2004)]
[Notices]
[Pages 41568-41569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15652]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

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


Hyundai Motor Company, Grant 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.'' Pursuant to 49 U.S.C. 30118(d) and 30120(h), Hyundai 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 
21186). NHTSA received no comments.
    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.''

[[Page 41569]]

    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 Standards Organization (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. Therefore the visual indicators are visible to 
the driver under all driving conditions.
    The agency agrees with Hyundai this noncompliance will not have an 
adverse effect on vehicle safety. Due to the positioning, color, use of 
the ISO 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. Hyundai has not received any complaints regarding the size or 
visibility of either light, and is not aware of any crashes or injuries 
associated with the size or visibility of the indicators. Hyundai 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, 
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 
49 CFR 1.50 and 501.8.

    Issued on: July 6, 2004.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-15652 Filed 7-8-04; 8:45 am]
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