[Federal Register Volume 68, Number 232 (Wednesday, December 3, 2003)]
[Notices]
[Pages 67738-67739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30108]


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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 
Portal: Go to http://

[[Page 67739]]

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]
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