[Federal Register Volume 73, Number 83 (Tuesday, April 29, 2008)]
[Notices]
[Pages 23304-23305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9247]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2007-0026; Notice 2]


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

    General Motors Corporation (GM) has determined that certain model 
year 2006 and 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. On August 27, 2007, 
GM filed an appropriate report pursuant to 49 CFR part 573, Defect and 
Noncompliance Responsibility and Reports identifying approximately 
146,360 model year 2006 and 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 that do not comply with the paragraph of FMVSS No. 
208 cited above.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule 
implementing those provisions at 49 CFR part 556, 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. Notice of receipt of the petition was published, 
with a 30-day public comment period, on November 9, 2007 in the Federal 
Register (72 FR 63653). No comments were received. To view the petition 
and all supporting documents log onto the Federal Docket Management 
System (FDMS) Web site at: http://www.regulations.gov/. Then follow the 
online search instructions to locate docket number ``NHTSA-2007-0026.''
    For further information on this decision, contact Mr. Charles Case, 
Office of Vehicle Safety Compliance, the National Highway Traffic 
Safety Administration (NHTSA), telephone (202) 366-5319, facsimile 
(202) 366-5930.
    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 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 with 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 No. 208 S7.3(a)(l) 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. 
Therefore, a driver who uses the remote start and then quickly enters 
the vehicle and turns the key to ``Run'' will receive a visual warning 
for some period. However, a driver who uses the remote start but does 
not turn the key to ``RUN'' for a longer period will receive no visual 
warning unless the vehicle has the supplemental warning cycles. 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 miles per hour (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 mph.
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    \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 
about the upgrade.
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    (3) When the 2006 vehicles are started remotely, the unbuckled 
driver will receive, at a minimum, the audible warning.

[[Page 23305]]

    The only exception 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.

NHTSA Decision

    The following explains our rationale.
    There are two separate starting procedures for these vehicles. One 
uses the key to start the vehicle. The second uses the remote start 
feature.

Key Starting for All Vehicles

    When the key is used to start the vehicle, the seat belt warning 
system meets the requirements of the standard because the driver 
receives the required visible and audible warnings when not buckled. 
This is the case for both the 2006 and 2007 groups of vehicles.

Remote Start With Enhanced Seat Belt Warning Systems

    For the 2007 group of vehicles (and the 2006 vehicles that have 
been upgraded through the customer service program) using remote start, 
a 6-second audible and 75-second telltale warning is provided if the 
front outboard occupants (driver and passenger) are not belted and the 
vehicle speed exceeds 5 mph. These meet the time requirements of 
S7.3(a)(1) and provide an audible and visual warning as intended by the 
requirement. In addition, the warnings go beyond the requirement 
because (1) The visual telltale warning is on 15 seconds longer than 
required by the standard, (2) the warnings include the non-regulated 
front outboard passenger, and (3) the warnings repeat for an additional 
period if the front occupants do not react to the first warning. The 
purpose of the requirement is met because (1) both the audible and 
visual warnings are activated at a low enough speed that the occupants 
have time to react to the reminders before traveling very far and 
before attaining a high speed, and (2) the warnings that do activate go 
beyond the requirements in certain aspects.

Remote Start for Reprogrammed Seat Belt Warning Systems

    For the 2006 group of vehicles using remote start, the additional 
warnings are not available. However, GM has instituted a Customer 
Satisfaction Program to reprogram these vehicles so that they have the 
same seat belt warning system as the 2007 vehicles discussed 
previously.

Remote Start for Non-Reprogrammed Seat Belt Warning Systems

    GM has indicated there are 75,416 vehicles in the 2006 group that 
are eligible for reprogramming. GM also estimates that 50 percent of 
those vehicles will actually be taken to the dealer for the customer 
service campaign. Thus, an estimated 37,708 vehicles may eventually not 
have the enhanced seat belt warning system. Even in these vehicles the 
driver will still receive a 6-second audible warning signal that meets 
the requirements of FMVSS No. 208.

Exception

    The final condition to consider for both the 2006 and 2007 groups 
is when the passenger buckles the seat belt 25 to 33 seconds after 
remote start. In this condition, there may be no audible warning or 
visual telltale. This does not appear to be a condition that is likely 
to happen. It would be logical to assume that the remote start normally 
is used for warming the engine, or warming or cooling the interior of 
the vehicle prior to getting in the vehicle. Since these conditions 
could not generally occur within 25 to 33 seconds of remote start, we 
estimate this condition will not likely occur during normal vehicle 
operation. Moreover, for this scenario to occur, the passenger must 
buckle the belt in a small window of time (25 to 33 seconds after a 
remote start) before the driver enters and turns the key to ``RUN.'' If 
the driver enters first and turns the key to ``RUN'' or if the 
passenger buckles the belt before or after the 8-second window, the 
audible warning, and perhaps some visual warnings will function.

Decision

    Because GM has offered to provide a very helpful upgrade to the 
vehicles most affected by this problem, and because in all but one rare 
condition (which we estimate will not likely occur) there is an audible 
and/or visual seat belt warning, NHTSA has decided that GM has met its 
burden of persuasion that the seat belt warning system noncompliances 
described are inconsequential to motor vehicle safety. Accordingly, 
GM's petition is granted and the petitioner is exempted from the 
obligation of providing notification of, and a remedy for, the 
noncompliances under 49 U.S.C. 30118 and 30120.

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

    Issued on: April 22, 2008.
Daniel C. Smith,
Associate Administrator for Enforcement.
 [FR Doc. E8-9247 Filed 4-28-08; 8:45 am]
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