General Motors Corporation, Receipt of Petition for Decision of Inconsequential Noncompliance, 63653-63654 [E7-22057]

Download as PDF Federal Register / Vol. 72, No. 217 / Friday, November 9, 2007 / Notices (5) The next page contains docket summary information for the docket you selected. Click on the comments you wish to see. You may download the comments. Although the comments are imaged documents, instead of the word processing documents, the ‘‘pdf’’ versions of the documents are word searchable. Please note that even after the comment closing date, we will continue to file relevant information in the Docket as it becomes available. Further, some people may submit late comments. Accordingly, we recommend that you periodically search the Docket for new material. FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle Safety Compliance, NHTSA (202–366–3151). SUPPLEMENTARY INFORMATION: mstockstill on PROD1PC66 with NOTICES Background Under 49 U.S.C. 30141(a)(1)(B), a motor vehicle that was not originally manufactured to conform to all applicable FMVSS, and has no substantially similar U.S.-certified counterpart, shall be refused admission into the United States unless NHTSA has decided that the motor vehicle has safety features that comply with, or are capable of being altered to comply with, all applicable FMVSS based on destructive test data or such other evidence as NHTSA decides to be adequate. Petitions for eligibility decisions may be submitted by either manufacturers or importers who have registered with NHTSA pursuant to 49 CFR Part 592. As specified in 49 CFR 593.7, NHTSA publishes notice in the Federal Register of each petition that it receives, and affords interested persons an opportunity to comment on the petition. At the close of the comment period, NHTSA decides, on the basis of the petition and any comments that it has received, whether the vehicle is eligible for importation. The agency then publishes this decision in the Federal Register. US SPECS of Aberdeen, Maryland (Registered Importer 03–321) has petitioned NHTSA to decide whether nonconforming 2000–2003 BMW C1 motorcycles are eligible for importation into the United States. U.S. SPECS contends that these vehicles are eligible for importation under 49 U.S.C. 30141(a)(1)(B) because they have safety features that comply with, or are capable of being altered to comply with, all applicable FMVSS. US SPECS submitted information with its petition intended to demonstrate that non-U.S. certified 2000–2003 BMW C1 motorcycles, as VerDate Aug<31>2005 23:48 Nov 08, 2007 Jkt 214001 originally manufactured, comply with many applicable FMVSS and are capable of being modified to comply with all other applicable standards to which they were not originally manufactured to conform. Specifically, the petitioner claims that 2000–2003 BMW C1 motorcycles have safety features that comply with Standard Nos. 106 Brake Hoses, 116 Motor Vehicle Brake Fluid, 119 New Pneumatic Tires for Vehicles Other than Passenger Cars, 122 Motorcycle Brake Systems, and 205 Glazing Materials. The petitioner further contends that the vehicles are capable of being altered to comply with the following standards, in the manner indicated: Standard No. 108 Lamps, Reflective Devices and Associated Equipment: inspection of all vehicles and replacement of the following with U.S.certified components on vehicles not already so equipped: (a) Headlamps; (b) front and rear side-mounted reflex reflectors; (c) rear-mounted reflex reflector; (d) tail lamp assembly; and (e) front and rear turn signal lamps. Standard No. 111 Rearview Mirrors: inspection of all vehicles and installation of U.S.-model rearview mirrors on vehicles not already so equipped. Standard No. 120 Tire Selection and Rims for Vehicles other than Passenger Cars: installation of a tire information placard. Standard No. 123 Motorcycle Controls and Displays: (a) installation of a U.S.model speedometer, or modification of the speedometer so that it reads in miles per hour; and (b) installation of an ignition switch label. All comments received before the close of business on the closing date indicated above will be considered, and will be available for examination in the docket at the above addresses both before and after that date. To the extent possible, comments filed after the closing date will also be considered. Notice of final action on the petition will be published in the Federal Register pursuant to the authority indicated below. Authority: 49 U.S.C. 30141(a)(1)(A) and (b)(1); 49 CFR 593.8; delegations of authority at 49 CFR 1.50 and 501.8. Issued on: November 5, 2007. Harry Thompson, Acting Director, Office of Vehicle Safety Compliance. [FR Doc. E7–21969 Filed 11–8–07; 8:45 am] BILLING CODE 4910–59–P PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 63653 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 E:\FR\FM\09NON1.SGM 09NON1 63654 Federal Register / Vol. 72, No. 217 / Friday, November 9, 2007 / Notices mstockstill on PROD1PC66 with NOTICES 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. VerDate Aug<31>2005 23:48 Nov 08, 2007 Jkt 214001 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). (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 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. PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 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 DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2007–0020] Controls, Telltales and Indicators National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Notice of draft interpretation; request for comments. AGENCY: SUMMARY: In past interpretations, NHTSA has taken the position that redundant displays, voluntarily provided by the vehicle manufacturer, need not meet the requirements of FMVSS No. 101 Controls, Telltales, and Indicators, if another display fully meets the standard’s requirements. This document sets forth a draft interpretation addressing whether this principle should apply to redundant telltales ‘‘of particular safety significance’’ placed in ‘‘common spaces.’’ We have tentatively concluded that the principle should not be extended to these telltales. DATES: Comments must be received on or before January 8, 2008. ADDRESSES: You may submit comments to the docket number identified in the heading of this document by any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 1–202–493–2251. • Mail: Docket Operations, M–30, U.S. Department of Transportation, West Building, Ground Floor, Rm. W12– 140, 1200 New Jersey Avenue, SE., Washington, DC 20590. E:\FR\FM\09NON1.SGM 09NON1

Agencies

[Federal Register Volume 72, Number 217 (Friday, November 9, 2007)]
[Notices]
[Pages 63653-63654]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-22057]


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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).
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    (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