

[Federal Register: December 10, 2007 (Volume 72, Number 236)]
[Notices]               
[Page 69727-69728]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10de07-119]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2007-0042; Notice 1]

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

    General Motors Corporation (GM) has determined that certain model 
year 2005, 2006 & 2007 Cadillac STS passenger cars equipped with 
sunroofs do not fully comply with paragraph S4(e) of 49 CFR 571.118, 
Federal Motor Vehicle Safety Standard (FMVSS) No. 118 Power-Operated 
Window, Partition, and Roof Panel Systems. 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

[[Page 69728]]

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 60,042 model year 2005, 2006 & 2007 
Cadillac STS passenger cars.
    Paragraph S4(e) of 49 CFR 571.118 requires:

    S4. Operating requirements. * * * power operated window, 
partition, or roof panel systems may be closed only in the following 
circumstances: * * *
    (e) During the interval between the time the locking device 
which controls the activation of the vehicle's engine is turned off 
and the opening of either of a two-door vehicle's doors or, in the 
case of a vehicle with more than two doors, the opening of either of 
its front doors;

    GM explains that for 60 seconds after the vehicles are started, if 
the engine is turned off and a front door is opened, the sunroof module 
software allows the sunroof to be closed if someone in the vehicle 
activates the control switch. If more than 60 seconds elapses from the 
starting of the vehicle, this condition will not occur.
    GM stated that it is not aware of any incidents or injury related 
to the subject condition.
    GM included an analysis of the risk associated with the subject 
condition and a detailed explanation of the reasons why it believes the 
noncompliance to be inconsequential to motor vehicle safety.
    In summary, GM states that for all of the subject vehicles:
     The subject condition affects only the sunroof, not the 
power windows.
     The subject condition requires multiple actions that must 
occur within a 60 second time period. First, the following sequence of 
actions must occur: Driver starts engine, driver turns off engine, and 
driver or front passenger opens a front door. After this sequence of 
actions and still within the 60 second time frame, occupants must take 
additional actions: Push the sunroof close switch and position an 
occupant to create the risk of sunroof entrapment. All of these actions 
must occur within one 60 second time frame.
     If the sunroof switch is pushed steadily and then 
released, the sunroof promptly stops moving.
     The sunroof incorporates an auto-reverse system. This 
system will activate whenever the sunroof is closing in the express 
close mode. Therefore, sunroof entrapment requires the completion of 
the initial sequence of engine start/engine stop/front door open 
actions, and also requires an occupant to press and hold the sunroof 
closure switch and position an occupant within the sunroof--all within 
the 60 second window and in such a manner that the auto-reverse is not 
effective in preventing sunroof entrapment.
     The Agency has granted similar petitions in the past.
     GM is not aware of any injuries or incidents related to 
the subject condition.
    GM states that it believes that because the noncompliance is 
inconsequential to motor vehicle safety that no further corrective 
action is warranted. GM has also informed NHTSA that it has corrected 
the problem that caused these errors so that they will not be repeated 
in future production.
    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: January 9, 2008.

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

    Issued on: December 4, 2007.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
 [FR Doc. E7-23841 Filed 12-7-07; 8:45 am]

BILLING CODE 4910-59-P
