[Federal Register: December 3, 2003 (Volume 68, Number 232)]
[Notices]
[Page 67738-67739]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03de03-122]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2003-16462; Notice 1]
General Motors Corporation, Receipt of Application for Decision
of Inconsequential Noncompliance
General Motors Corporation (GM) has determined that certain model
year 2003 and 2004 Saturn Ion Sedan and Coupe vehicles it produced and
sold are not in full compliance with 49 CFR 571.118, Federal Motor
Vehicle Safety Standard (FMVSS) No. 118, ``Power-Operated Window,
Partition, and Roof Panel Systems.''
Pursuant to 49 U.S.C. 30118(d) and 30120(h), GM 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.''
This notice of receipt of an application 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 application.
GM has determined that all 2003 and 2004 Model Year Saturn Ion
Sedan and Coupe vehicles built before September 5, 2003, and with a
Vehicle Identification Number (VIN) less than 1G8AG52F24Z121302 and
equipped with either power windows or a power sunroof do not conform to
the requirements of S4(e) of FMVSS No. 118.
S4 provides that ``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 states that opening the passenger side door on these vehicles,
following the ignition key being turned to ``OFF,'' does not cancel the
Retained Accessory Power (RAP) function, allowing the power-operated
windows and roof panel to continue to operate for up to ten minutes or
until the driver's door is opened. Opening the driver's door on these
vehicles does cancel this RAP function. FMVSS 118, S4(e) requires that
the RAP function be cancelled when either of the front doors is opened
once the ignition key has been turned off.
GM believes that the noncompliance is inconsequential to motor
vehicle safety, and that no corrective action is warranted. GM supports
this assertion on the basis that NHTSA has acted on three petitions
involving vehicles in which power windows or roofs could be operated
after the front door was opened:
[sbull] In 1995, NHTSA granted a Volkswagen petition involving
passenger cars. It agreed that the purpose of the requirement was still
highly likely to be met because (1) if the operator exited by the
driver's door, the system was disabled and (2) it was unlikely that the
driver would exit by the passenger door because that would require
passing over the console between the front seats. 60 FR 48197 (Sept.
18, 1995).
[sbull] In 1997, NHTSA denied a Ford petition involving Mercury and
Nissan minivans. NHTSA distinguished these vehicles from the Volkswagen
passenger cars because (1) there was no console or other impediment to
the driver exiting the passenger door, (2) the higher floor pan to
ceiling height made it easier for the driver to exit the passenger
door, and (3) the minivans were promoted for family use. 62 FR 51500
(Oct. 1, 1997).
[sbull] In 1999, NHTSA granted a Mitsubishi petition involving
passenger cars. NHTSA agreed that the Mitsubishi situation was
comparable to the Volkswagen situation and unlike the Ford minivan
situation. 64 FR 1650 (Jan. 11, 1999).
GM states that the Saturn situation is like those presented in the
Volkswagen and Mitsubishi petitions. The power windows and roof remain
operable only when the front passenger door is opened, a time when the
operator presumably remains behind the wheel. The Saturn Ion Sedans and
Coupes are equipped with bucket seats, a floor-mounted transmission
selector lever, a center console, and a center-mounted parking brake
lever. These components and the low roofline make it very difficult for
a driver to exit from the passenger door.
GM has received no customer complaints or claims concerning this
issue. Furthermore, the owner's manual cautions against leaving
unattended children in the vehicle:
Caution: Leaving children in a vehicle with the ignition key is
dangerous for many reasons. A child or others could be badly injured
or even killed. They could operate power windows or other controls
or even make the vehicle move. Don't leave keys in a vehicle with
children.
The owner's manual also has a caution about the risk of injury or
death from heat exposure if a child is left unattended in a closed
vehicle. GM states that, based primarily on that concern, there has
been a substantial public awareness effort during the past few years by
NHTSA, safety organizations, and vehicle manufacturers to discourage
adults from leaving children in vehicles at any time.
For these reasons, GM believes it is very unlikely that
unsupervised children will be injured from operation of the power-
operated windows and roof panel in these vehicles after the passenger
door has been opened.
Interested persons are invited to submit written data, views, and
arguments on the application described above. 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: Mail: Docket Management
Facility; U.S. Department of Transportation, Nassif Building, Room PL-
401, 400 Seventh Street, SW., Washington, DC 20590-0001. Hand Delivery:
Room PL-401 on the plaza level of the Nassif Building, 400 Seventh
Street, SW., Washington, DC. It is requested, but not required, that
two copies of the comments be provided. The Docket Section is open on
weekdays from 10 a.m. to 5 p.m. except Federal holidays. Comments may
be submitted electronically by logging onto the Docket Management
System Web site at http://dms.dot.gov. Click on ``Help'' to obtain
instructions for filing the document electronically. Comments may be
faxed to 1-202-493-2251, or may be submitted to the Federal eRulemaking
[[Page 67739]]
http://www.regulations.gov. Follow the online instructions for submitting
comments.
The application, supporting materials, and all comments received
before the close of business on the closing date indicated below will
be considered. All comments and supporting materials received after the
closing date will also be filed and considered to the extent possible.
When the application 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 2, 2004.
Authority: 49 U.S.C. 301118, 301120; delegations of authority at
CFR 1.50 and 501.8.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 03-30108 Filed 12-2-03; 8:45 am]
BILLING CODE 4910-59-P