[Federal Register Volume 69, Number 134 (Wednesday, July 14, 2004)]
[Notices]
[Pages 42240-42241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15972]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-18556; Notice 1]


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

    General Motors Corporation (GM) has determined that certain 2004 
model year Saab 9-3 Sport Sedans and Convertibles do not comply with 
S4.2(b) of 49 CFR 571.114, Federal Motor Vehicle Safety Standard 
(FMVSS) No. 114, ``Theft protection.'' GM has filed an appropriate 
report pursuant to 49 CFR Part 573, ``Defect and Noncompliance 
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.
    Within a total of approximately 4032 model year 2004 Saab 9-3 Sport 
Sedans and Convertibles equipped with a manual transmission, 
approximately 11 are affected. S4.2(b) of FMVSS No. 114 requires that 
``[e]ach vehicle shall have a key-locking system which, whenever the 
key is removed, prevents either steering or forward self-mobility of 
the vehicle or both.'' The affected vehicles were produced with an 
ignition key locking system that contains a center spring plate switch 
that can bind in the closed position. This switch communicates to 
certain vehicle systems that the ignition key has been inserted or 
removed. When this switch binds in the closed position, certain systems 
will read that the ignition key is still in the ignition switch, even 
after ignition key removal. One of the systems using the input from 
this switch is the electronic steering column lock to meet the S4.2 
requirement of FMVSS No. 114. If a vehicle has the aforementioned 
condition, the steering column will not lock upon ignition key removal.
    GM believes that the noncompliance is inconsequential to motor 
vehicle safety for the following reasons stated in its petition:

    Continued Theft Protection: FMVSS No. 114 was developed to 
increase road safety by reducing the risk of traffic accidents 
resulting from unauthorized vehicle operation. All Saab 9-3 vehicles 
are equipped with an electronic engine immobilizer system that 
prevents engine operation in the absence of the vehicle's ignition 
key from the ignition switch module. The immobilizer remains fully 
operation[al] on vehicles with the aforementioned condition present. 
Although a vehicle could be steered with this condition, the engine 
could not be started, even through hot-wiring or other vehicle 
manipulation. GM considers the immobilizer system to be at least as 
effective as a steering column lock in preventing vehicle theft. 
NHTSA and Highway Loss Data Institute data have also confirmed the 
effectiveness of passively activated engine immobilizers such as 
that present on the 9-3.

[[Page 42241]]

    Overt Symptoms: When this condition occurs, the symptoms are 
very obvious to the customer. Upon key removal the radio/CD player 
stays on, interior lights will not operate and the remote door 
locking function will not operate. Additionally, even though the key 
has been removed, the key warning system will activate when the 
driver's door is opened. These symptoms will induce the customer to 
return to the dealer for repairs under the new car warranty.
    Failure Occurs Early and only a Small Percentage of Vehicles are 
Affected: If this condition is present, it is most likely to occur 
very early in the vehicle's life. In an analysis performed by the 
component supplier (Delphi), it was estimated that of the components 
affected by this condition, 85 percent would fail within the first 
month and 99 percent would fail within six months. Most occurrences 
have been and will be caught prior to retail delivery. * * * It has 
been estimated by the supplier of the ignition switch assembly that 
as of the end of April 2004, a maximum of 15 additional vehicles 
might experience this condition. Saab warranty data show that 4 
warranty repairs have been performed since May 1, 2004. Therefore, 
based on this projection, a maximum of 11 additional units could be 
expected to be subject to this condition. We would expect any of 
these additional instances to occur over the next few months.

    GM states that the problem has been corrected.
    Interested persons are invited to submit written data, views, and 
arguments on the petition 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 am to 5 pm 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://www.regulations.gov. Follow the online 
instructions for submitting comments.
    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: August 13, 2004.

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

    Issued on: July 7, 2004.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-15972 Filed 7-13-04; 8:45 am]
BILLING CODE 4910-59-P