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23304 Federal Register / Vol. 73, No.

83 / Tuesday, April 29, 2008 / Notices

published on April 11, 2000 (Volume (202) 366–5319, facsimile (202) 366– S7.3(a)(l). For both 2006 and 2007
65, Number 70; Pages 19477–78). 5930. vehicles following remote start, an
Issued in Washington, DC on April 23, GM certified these vehicles to audible warning will sound when the
2008. paragraph S7.3(a)(1) of 49 CFR 571.208 key is rotated to the ‘‘RUN’’ position,
Grady C. Cothen, Jr., which requires: but the required telltale warning may
Deputy Associate Administrator for Safety S7.3 (a) A seat belt assembly provided at not be provided. The length of the
Standards and Program Development. the driver’s seating position shall be telltale warning for the first warning
[FR Doc. E8–9034 Filed 4–28–08; 8:45 am]
equipped with a warning system that, at the cycle is decreased by the amount of time
option of the manufacturer, either— between when the engine is started and
BILLING CODE 4910–06–P (1) Activates a continuous or intermittent when the key is turned to the ‘‘RUN’’
audible signal for a period of not less than position. Therefore, a driver who uses
4 seconds and not more than 8 seconds and
DEPARTMENT OF TRANSPORTATION that activates a continuous or flashing the remote start and then quickly enters
warning light visible to the driver displaying the vehicle and turns the key to ‘‘Run’’
National Highway Traffic Safety the identifying symbol for the seat belt will receive a visual warning for some
Administration telltale shown in Table 2 of FMVSS 101 or, period. However, a driver who uses the
at the option of the manufacturer if permitted remote start but does not turn the key
[Docket No. NHTSA–2007–0026; Notice 2] by FMVSS 101, displaying the words ‘‘Fasten to ‘‘RUN’’ for a longer period will
Seat Belts’’ or ‘‘Fasten Belts’’, for not less receive no visual warning unless the
General Motors Corporation, Grant of than 60 seconds (beginning when the vehicle
ignition switch is moved to the ‘‘on’’ or the
vehicle has the supplemental warning
Petition for Decision of cycles. The driver, buckled or
Inconsequential Noncompliance ‘‘start’’ position) when condition (b) exists
simultaneously with condition (c)* * * unbuckled, receives an audible warning
General Motors Corporation (GM) has (b) The vehicle’s ignition switch is moved except in the situation where the front
determined that certain model year 2006 to the ‘‘on’’ position or to the ‘‘start’’ passenger buckles between 25 and 33
and 2007 motor vehicles equipped with position. seconds following the remote start (in
(c) The driver’s lap belt is not in use, as effect buckling in response to the chime
remote start systems that it determined, at the option of the
manufactured prior to May of 2007, did and silencing it before the driver enters
manufacturer, either by the belt latch
not fully comply with paragraph mechanism not being fastened, or by the belt the vehicle).
S7.3(a)(1) of 49 CFR 571.208, Federal not being extended at least 4 inches from its For the 2006 vehicles, as originally
Motor Vehicle Safety Standard (FMVSS) stowed position. manufactured, there were no
No. 208 Occupant Crash Protection. On GM explains that under certain supplemental warning signal cycles.
August 27, 2007, GM filed an circumstances following a remote The 2007 vehicles were provided with
appropriate report pursuant to 49 CFR engine start that the seatbelt assembly an enhanced safety belt reminder
part 573, Defect and Noncompliance warning system audible signal and/or system that will activate if front
Responsibility and Reports identifying the telltale warning light do not always outboard occupants are not belted and
approximately 146,360 model year 2006 activate as required to fully comply with the vehicle speed is above 5 miles per
and 2007 motor vehicles including FMVSS No. 208. hour (mph). The 2007 vehicles will
Buick Lacrosse and Pontiac Grand Prix The vehicles in question fall into two provide two cycles of audible and visual
passenger cars; and Buick Terraza, groups. The first group contains only belt warning notice in such conditions.
Chevrolet Uplander, Pontiac Montana 2006 model year vehicles. The second GM also provided a detailed
SV6 and Saturn Relay multipurpose group consists of a few late production explanation of the reasons why it
passenger vehicles that do not comply 2006 multipurpose passenger vehicles believes that the noncompliance is
with the paragraph of FMVSS No. 208 and all the 2007 vehicles reported. For inconsequential to motor vehicle safety.
cited above. simplification, these groups are In summary, GM states that for all of
Pursuant to 49 U.S.C. 30118(d) and referenced hereafter as the 2006 and the the subject vehicles, the unbuckled
30120(h) and the rule implementing 2007s. driver receives a warning when the
those provisions at 49 CFR part 556, GM GM states that when a subject ignition key is turned to the ‘‘RUN’’
has petitioned for an exemption from vehicle’s engine is started using the position essentially every time:
the notification and remedy ignition key (not with remote start), (1) When the vehicles are started with
requirements of 49 U.S.C. Chapter 301 three warning cycles are provided to its ignition key, the required seat belt
on the basis that this noncompliance is unbelted occupants for the 2007 warnings are provided.
inconsequential to motor vehicle safety. vehicles. The first warning cycle (2) When the 2007 vehicles and the
Notice of receipt of the petition was satisfies the requirements specified in upgraded 1 2006 vehicles are started
published, with a 30-day public FMVSS No. 208 S7.3(a)(l) for the remotely, the unbuckled driver receives,
comment period, on November 9, 2007 unbuckled driver. The second and third at a minimum, the audible warning
in the Federal Register (72 FR 63653). cycles provide additional audible and when the ignition key turned to the
No comments were received. To view telltale warnings, of the same duration ‘‘RUN’’ position plus 2 cycles of visual
the petition and all supporting required by the standard, for drivers and audible warning when the vehicle’s
documents log onto the Federal Docket who remain unbuckled. The 2006 speed reaches 5 mph.
Management System (FDMS) Web site vehicles receive only the first cycle of (3) When the 2006 vehicles are started
at: http://www.regulations.gov/. Then driver and passenger warnings. If at remotely, the unbuckled driver will
follow the online search instructions to anytime the driver buckles, the receive, at a minimum, the audible
locate docket number ‘‘NHTSA–2007– warnings will cease. warning.
0026.’’ GM additionally explains that in some
sroberts on PROD1PC70 with NOTICES

For further information on this cases, if the vehicle is started using the 1 General Motors has initiated a Customer

decision, contact Mr. Charles Case, remote start function the seatbelt Satisfaction Program to upgrade the belt reminder
system on the 2006 vehicles to provide three sets
Office of Vehicle Safety Compliance, the assembly warning system will not of warning cycles as implemented on the 2007
National Highway Traffic Safety activate upon key rotation to the ‘‘RUN’’ vehicles and has sent letters to the customers of
Administration (NHTSA), telephone position as specified by FMVSS No. 208 those vehicles informing them about the upgrade.

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Federal Register / Vol. 73, No. 83 / Tuesday, April 29, 2008 / Notices 23305

The only exception where an audible warning system as the 2007 vehicles Issued on: April 22, 2008.
warning is not provided is when the discussed previously. Daniel C. Smith,
front passenger buckles between 25 and Associate Administrator for Enforcement.
Remote Start for Non-Reprogrammed
33 seconds following the remote start [FR Doc. E8–9247 Filed 4–28–08; 8:45 am]
Seat Belt Warning Systems
(in effect buckling in response to the BILLING CODE 4910–59–P
chime and silencing it before the driver GM has indicated there are 75,416
enters the vehicle). vehicles in the 2006 group that are
GM states that it believes that because eligible for reprogramming. GM also DEPARTMENT OF TRANSPORTATION
the noncompliances are inconsequential estimates that 50 percent of those
to motor vehicle safety that no further vehicles will actually be taken to the Pipeline and Hazardous Materials
corrective action is warranted. dealer for the customer service Safety Administration
campaign. Thus, an estimated 37,708 [Docket No. PHMSA–2007–28505]
NHTSA Decision vehicles may eventually not have the
The following explains our rationale. enhanced seat belt warning system. Pipeline Safety: Requests for Special
There are two separate starting Even in these vehicles the driver will Permit
procedures for these vehicles. One uses still receive a 6-second audible warning
the key to start the vehicle. The second signal that meets the requirements of AGENCY: Pipeline and Hazardous
uses the remote start feature. FMVSS No. 208. Materials Safety Administration
(PHMSA); DOT.
Key Starting for All Vehicles Exception
ACTION: Notice.
When the key is used to start the The final condition to consider for
both the 2006 and 2007 groups is when SUMMARY: The Federal pipeline safety
vehicle, the seat belt warning system
meets the requirements of the standard the passenger buckles the seat belt 25 to laws allow a pipeline operator to
because the driver receives the required 33 seconds after remote start. In this request PHMSA to waive compliance
visible and audible warnings when not condition, there may be no audible with any part of the Federal pipeline
buckled. This is the case for both the warning or visual telltale. This does not safety regulations by granting a special
2006 and 2007 groups of vehicles. appear to be a condition that is likely to permit to the operator. PHMSA is
happen. It would be logical to assume publishing this notice to provide a list
Remote Start With Enhanced Seat Belt that the remote start normally is used of special permit requests we have
Warning Systems for warming the engine, or warming or received from pipeline operators
For the 2007 group of vehicles (and cooling the interior of the vehicle prior seeking relief from compliance with
the 2006 vehicles that have been to getting in the vehicle. Since these certain pipeline safety regulations. This
upgraded through the customer service conditions could not generally occur notice seeks public comment on these
program) using remote start, a 6-second within 25 to 33 seconds of remote start, requests, including comments on any
audible and 75-second telltale warning we estimate this condition will not environmental impacts. At the
is provided if the front outboard likely occur during normal vehicle conclusion of the comment period,
occupants (driver and passenger) are not operation. Moreover, for this scenario to PHMSA will evaluate each request
belted and the vehicle speed exceeds 5 occur, the passenger must buckle the individually to determine whether to
mph. These meet the time requirements belt in a small window of time (25 to 33 grant or deny a special permit.
of S7.3(a)(1) and provide an audible and seconds after a remote start) before the DATES: Submit any comments regarding
visual warning as intended by the driver enters and turns the key to any of these special permit requests by
requirement. In addition, the warnings ‘‘RUN.’’ If the driver enters first and May 29, 2008.
go beyond the requirement because (1) turns the key to ‘‘RUN’’ or if the ADDRESSES: Comments should reference
The visual telltale warning is on 15 passenger buckles the belt before or after the docket number for the special
seconds longer than required by the the 8-second window, the audible permit request and may be submitted in
standard, (2) the warnings include the warning, and perhaps some visual the following ways:
non-regulated front outboard passenger, warnings will function. • E-Gov Web Site: http://
and (3) the warnings repeat for an Decision www.regulations.gov. This site allows
additional period if the front occupants the public to enter comments on any
do not react to the first warning. The Because GM has offered to provide a Federal Register notice issued by any
purpose of the requirement is met very helpful upgrade to the vehicles agency.
because (1) both the audible and visual most affected by this problem, and • Fax: 1–202–493–2251.
warnings are activated at a low enough because in all but one rare condition • Mail: Docket Management System:
speed that the occupants have time to (which we estimate will not likely U.S. Department of Transportation,
react to the reminders before traveling occur) there is an audible and/or visual Docket Operations, M–30, West
very far and before attaining a high seat belt warning, NHTSA has decided Building, Ground Floor, Room W12–
speed, and (2) the warnings that do that GM has met its burden of 140, 1200 New Jersey Avenue, SE.,
activate go beyond the requirements in persuasion that the seat belt warning Washington, DC 20590.
certain aspects. system noncompliances described are • Hand Delivery: DOT Docket
inconsequential to motor vehicle safety. Management System; U.S. Department
Remote Start for Reprogrammed Seat Accordingly, GM’s petition is granted of Transportation, Docket Operations,
Belt Warning Systems and the petitioner is exempted from the M–30, West Building, Ground Floor,
For the 2006 group of vehicles using obligation of providing notification of, Room W12–140, 1200 New Jersey
sroberts on PROD1PC70 with NOTICES

remote start, the additional warnings are and a remedy for, the noncompliances Avenue, SE., Washington, DC 20590
not available. However, GM has under 49 U.S.C. 30118 and 30120. between 9 a.m. and 5 p.m., Monday
instituted a Customer Satisfaction Authority: 49 U.S.C. 30118, 30120; through Friday, except Federal holidays.
Program to reprogram these vehicles so delegations of authority at 49 CFR 1.50 and Instructions: You should identify the
that they have the same seat belt 501.8. docket number for the special permit

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