

[Federal Register: November 9, 2007 (Volume 72, Number 217)]
[Notices]               
[Page 63653-63654]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09no07-115]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2007-0026; Notice 1]

 
General Motors Corporation, Receipt of Petition for Decision of 
Inconsequential Noncompliance

    General Motors Corporation (GM) has determined that certain model 
year 2006 & 2007 motor vehicles equipped with remote start systems that 
it manufactured prior to May of 2007, did not fully comply with 
paragraph S7.3(a)(1) of 49 CFR 571.208, Federal Motor Vehicle Safety 
Standard (FMVSS) No. 208 Occupant Crash Protection. GM has filed an 
appropriate report pursuant to 49 CFR Part 573, Defect and 
Noncompliance Responsibility and Reports.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h), GM 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 GM'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 approximately 146,360 model year 2006 & 2007 motor 
vehicles including; Buick Lacrosse and Pontiac Grand Prix passenger 
cars; and Buick Terraza, Chevrolet Uplander, Pontiac Montana SV6 and 
Saturn Relay multipurpose passenger vehicles. GM certified these 
vehicles to paragraph S7.3(a)(1) of 49 CFR 571.208 which requires:

    S7.3 (a) A seat belt assembly provided at the driver's seating 
position shall be equipped with a warning system that, at the option 
of the manufacturer, either--
    (1) Activates a continuous or intermittent audible signal for a 
period of not less than 4 seconds and not more than 8 seconds and 
that activates a continuous or flashing warning light visible to the 
driver displaying the identifying symbol for the seat belt telltale 
shown in Table 2 of FMVSS 101 or, at the option of the manufacturer 
if permitted by FMVSS 101, displaying the words ''Fasten Seat 
Belts'' or ''Fasten Belts'', for not less than 60 seconds (beginning 
when the vehicle ignition switch is moved to the ''on'' or the 
''start'' position) when condition(b) exists simultaneously with 
condition(c) * * *
    (b) The vehicle's ignition switch is moved to the ''on'' 
position or to the ''start'' position.
    (c) The driver's lap belt is not in use, as determined, at the 
option of the manufacturer, either by the belt latch mechanism not 
being fastened, or by the belt

[[Page 63654]]

not being extended at least 4 inches from its stowed position.

    GM explains that under certain circumstances following a remote 
engine start that the seatbelt assembly warning system audible signal 
and/or the telltale warning light do not always activate as required to 
fully comply FMVSS No. 208.
    The vehicles in question fall into two groups. The first group 
contains only 2006 model year vehicles. The second group consists of a 
few late production 2006 multipurpose passenger vehicles and all the 
2007 vehicles reported. For simplification, these groups are referenced 
hereafter as the 2006 and the 2007s.
    GM states that when a subject vehicle's engine is started using the 
ignition key (not with remote start), three warning cycles are provided 
to unbelted occupants for the 2007 vehicles. The first warning cycle 
satisfies the requirements specified in FMVSS 208 S7.3(a)(1) for the 
unbuckled driver. The second and third cycles provide additional 
audible and telltale warnings, of the same duration required by the 
standard, for drivers who remain unbuckled. The 2006 vehicles receive 
only the first cycle of driver and passenger warnings. If at anytime 
the driver buckles, the warnings will cease.
    GM additionally explains that in some cases, if the vehicle is 
started using the remote start function the seatbelt assembly warning 
system will not activate upon key rotation to the ``RUN'' position as 
specified by FMVSS No. 208 S7.3(a)(l). For both 2006 and 2007 vehicles 
following remote start, an audible warning will sound when the key is 
rotated to the ``RUN'' position, but the required telltale warning may 
not be provided. The length of the telltale warning for the first 
warning cycle is decreased by the amount of time between when the 
engine is started and when the key is turned to the ``RUN'' position. 
The driver, buckled or unbuckled, receives an audible warning except in 
the situation where the front passenger buckles between 25 and 33 
seconds following the remote start (in effect buckling in response to 
the chime and silencing it before the driver enters the vehicle).
    For the 2006 vehicles, as originally manufactured, there were no 
supplemental warning signal cycles. The 2007 vehicles were provided 
with an enhanced safety belt reminder system that will activate if 
front outboard occupants are not belted and the vehicle speed is above 
5 mph. The 2007 vehicles will provide two cycles of audible and visual 
belt warning notice in such conditions.
    GM also provided a detailed explanation of the reasons why it 
believes that the noncompliance is inconsequential to motor vehicle 
safety.
    In summary, GM states that for all of the subject vehicles, the 
unbuckled driver receives a warning when the ignition key is turned to 
the ``RUN'' position essentially every time:

    (1) When the vehicles are started with its ignition key, the 
required seat belt warnings are provided.
    (2) When the 2007 vehicles and the upgraded \1\ 2006 vehicles 
are started remotely, the unbuckled driver receives, at a minimum, 
the audible warning when the ignition key turned to the ``RUN'' 
position plus 2 cycles of visual and audible warning when the 
vehicle's speed reaches 5 Miles per hour (mph).
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    \1\ General Motors has initiated a Customer Satisfaction Program 
to upgrade the belt reminder system on the 2006 vehicles to provide 
three sets of warning cycles as implemented on the 2007 vehicles and 
has sent letters to the customers of those vehicles informing them 
of this.
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    (3) When the 2006 vehicles are started remotely, the unbuckled 
driver will receive, at a minimum, the audible warning.

    The only exception for where an audible warning is not provided is 
when the front passenger buckles between 25 and 33 seconds following 
the remote start (in effect buckling in response to the chime and 
silencing it before the driver enters the vehicle).
    GM states that it believes that because the noncompliances are 
inconsequential to motor vehicle safety that no further corrective 
action is warranted.
    Interested persons are invited to submit written data, views, and 
arguments on this petition. 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:
    a. By mail addressed to: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
    b. By hand delivery to U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590. The Docket Section is open on 
weekdays from 10 a.m. to 5 p.m. except Federal Holidays.
    c. Electronically: by logging onto the Federal Docket Management 
System (FDMS) Web site at http://www.regulations.gov/. Follow the 

online instructions for submitting comments. Comments may also be faxed 
to 1-202-493-2251.
    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: December 10, 2007.

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

    Issued on: November 2, 2007.
Harry Thompson,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. E7-22057 Filed 11-8-07; 8:45 am]

BILLING CODE 4910-59-P
