[Federal Register Volume 69, Number 206 (Tuesday, October 26, 2004)]
[Notices]
[Page 62511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23874]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-18556; Notice 2]


General Motors Corporation, Mootness 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.'' 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.'' Notice of receipt of a petition was published, 
with a 30-day comment period, on July 14, 2004, in the Federal Register 
(69 FR 42240). NHTSA received one comment.
    Out of a population 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.
    However, 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 operational 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. The one comment to the Federal 
Register notice was from a private individual and did not address the 
specific issue concerning S4.2(b).
    NHTSA has determined that the vehicles in question are in 
compliance with the requirements of S4.2(b) because the electronic 
engine immobilizer system prevents vehicle forward self-mobility when 
the key is not in the ignition switch module. Therefore, this petition 
is moot.

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

    Issued on: October 20, 2004.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-23874 Filed 10-25-04; 8:45 am]
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