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Federal Register / Vol. 73, No.

81 / Friday, April 25, 2008 / Notices 22459

including whether the information will National Highway Traffic Safety auto-reverse is not effective in
have practical utility; the accuracy of Administration (NHTSA), telephone preventing sunroof entrapment.
the Department’s estimate of the burden (202) 366–5287, facsimile (202) 493– • The Agency has granted similar
of the proposed information collection; 0073. petitions in the past.
ways to enhance the quality, utility, and GM certified these vehicles to • GM is not aware of any injures or
clarity of the information to be paragraph S4(e) of 49 CFR 571.118, incidents related to the subject
collected; and ways to minimize the which requires in pertinent part: condition.
burden of the collection of information GM states that it believes that because
S4. Operating requirements. * * * power
on respondents, including the use of operated window, partition, or roof panel
the noncompliance is inconsequential to
automated collection techniques or systems may be closed only in the following motor vehicle safety that no further
other forms of information technology. circumstances: * * * corrective action is warranted. GM has
(e) During the interval between the time also informed NHTSA that it has
Issued: April 17, 2008.
the locking device which controls the corrected the problem that caused these
Ann M. Linnertz, activation of the vehicle’s engine is turned off errors so that they will not be repeated
Associate Administrator for Administration. and the opening of either of a two-door in future production.
[FR Doc. E8–8992 Filed 4–24–08; 8:45 am] vehicle’s doors or, in the case of a vehicle
with more than two doors, the opening of NHTSA Decision
BILLING CODE 4910–57–P
either of its front doors; The following explains our rationale.
GM explains that for 60 seconds after The purpose of paragraph S4 of
DEPARTMENT OF TRANSPORTATION the vehicles are started, if the engine is FMVSS No. 118 is to minimize the
turned off and a front door is opened, likelihood of death or injury to
National Highway Traffic Safety the sunroof module software allows the occupants from accidental operation of
Administration sunroof to be closed if someone in the power windows, partitions, and roof
[Docket No. NHTSA–2007–0042; Notice 2] vehicle activates the control switch. If panels. We believe that this
more than 60 seconds elapses from the noncompliance is inconsequential to
General Motors Corporation, Grant of starting of the vehicle, this condition motor vehicle safety for a number of
Petition for Decision of will not occur. reasons. It is very unlikely that the
Inconsequential Noncompliance GM stated that it is not aware of any entire sequence of events—starting the
incidents or injury related to the subject engine, turning the engine off, opening
General Motors Corporation (GM) has condition. a front door, a person becoming
determined that certain model year GM included an analysis of the risk positioned in the sunroof opening, and
2005, 2006 and 2007 Cadillac STS associated with the subject condition pushing the sunroof close button—will
passenger cars equipped with sunroofs and a detailed explanation of the occur in less than 60 seconds. We also
do not fully comply with paragraph reasons why it believes the believe that the risk exposure time is
S4(e) of 49 CFR 571.118, Federal Motor noncompliance to be inconsequential to likely further reduced as the sunroof,
Vehicle Safety Standard (FMVSS) No. motor vehicle safety. normally closed at the time of engine
118, Power-Operated Window, Partition, In summary, GM states that for all of start, would have to first be opened then
and Roof Panel Systems. On October 3, the subject vehicles: closed, with the opening time
2007, GM filed an appropriate report • The subject condition affects only subtracted from the 60 second interval.
pursuant to 49 CFR part 573, Defect and the sunroof, not the power windows. The noncompliant situation does not
Noncompliance Responsibility and • The subject condition requires involve power windows, where
Reports identifying approximately multiple actions that must occur within entrapment is rare but a realistic
60,042 model year 2005, 2006 and 2007 a 60 second time period. First, the possibility. Power window openings are
Cadillac STS passenger cars that do not following sequence of actions must physically more accessible to occupants
comply with the paragraph of FMVSS occur: driver starts engine, driver turns than the sunroof opening and thus
No. 118 cited above. off engine, and driver or front passenger present a higher risk of entrapment to
Pursuant to 49 U.S.C. 30118(d) and opens a front door. After this sequence persons in the vehicle, especially
30120(h) and the rule implementing of actions and still within the 60 second unattended occupants (normally
those provisions at 49 CFR Part 556, GM time frame, occupants must take children).
has petitioned for an exemption from additional actions: Push the sunroof The subject vehicle sunroof can be
the notification and remedy close switch and position an occupant closed either by continuous actuation of
requirements of 49 U.S.C. Chapter 301 to create the risk of sunroof entrapment. the sunroof switch, or by a momentary
on the basis that this noncompliance is All of these actions must occur within touch and release of the same switch
inconsequential to motor vehicle safety. one 60 second time frame. which initiates an express-close mode.
Notice of receipt of the petition was • If the sunroof switch is pushed In the first mode, the sunroof ceases
published, with a 30-day public steadily and then released, the sunroof movement upon release of the switch.
comment period, on December 10, 2007 promptly stops moving. This allows immediate operator sunroof
in the Federal Register (72 FR 69727). • The sunroof incorporates an auto- closure control minimizing the
No comments were received. To view reverse system. This system will entrapment risk. During the express-
the petition and all supporting activate whenever the sunroof is closing close mode, the vehicle incorporates an
documents log onto the Federal Docket in the express close mode. Therefore, auto-reverse feature that is designed to
Management System (FDMS) Web site sunroof entrapment requires the reverse sunroof motion before it can
at: http://www.regulations.gov/. Then completion of the initial sequence of exert a force of 100N (22.5lbf.) or more
follow the online search instructions to engine start/engine stop/front door open on a foreign object or person. We believe
sroberts on PROD1PC70 with NOTICES

locate docket number ‘‘NHTSA–2007– actions, and also requires an occupant this added feature will further minimize
0042.’’ to press and hold the sunroof closure the risk of entrapment to an occupant
For further information on this switch and position an occupant within (normally a child).
decision, contact Mr. Stuart Seigel, the sunroof—all within the 60 second Lastly, GM indicates that it is not
Office of Vehicle Safety Compliance, the window and in such a manner that the aware of any injuries, owner complaints

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22460 Federal Register / Vol. 73, No. 81 / Friday, April 25, 2008 / Notices

or field reports related to this windows rearward of the ‘‘C’’ pillar. I.e., Item Lamborghini further explains that in
noncompliance. 4A glazing may be used under Item 4A its opinion NHTSA has previously given
Based on the above, NHTSA has paragraph (b) of ANSI/SAE Z26.1–1996 only other reasons that a noncompliance
decided that GM has met its burden of in side windows rearward of the ‘‘C’’ pillar. similar to the instant one are
persuasion that the sunroof Lamborghini explained that due to a inconsequential to motor vehicle safety
noncompliance described is configuration mistake on the production including:
inconsequential to motor vehicle safety. line an incorrect component made of (1) Such a noncompliance is
Accordingly, GM’s petition is granted polycarbonate (item 4A glazing) was ‘‘expected to be imperceptible, or nearly
and the petitioner is exempted from the used in the rear windows of certain U.S. so, to vehicle occupants or approaching
obligation of providing notification of, version coupes (hardtops). Lamborghini drivers.’’
and a remedy for, the noncompliances further explained that based on the (2) Under FMVSS No. 205, item 4A
under 49 U.S.C. 30118 and 30120. requirements of paragraph S5.5 of glazing is permitted in the rear window
Authority: 49 U.S.C. 30118, 30120; FMVSS No. 205 item 4A glazing is of a ‘‘convertible’’, including hardtop
delegations of authority at 49 CFR 1.50 and permitted in European specification convertibles.
501.8. vehicle rear windows and in U.S. (3) NHTSA previously held that as
convertible rear windows, but not in regards an exotic vehicle, a
Issued on: April 18, 2008. noncompliance is inconsequential
Daniel C. Smith,
U.S. coupe (hardtop) rear windows.
Lamborghini stated its belief that the because the vehicle at issue was not an
Associate Administrator for Enforcement. ordinary passenger automobile designed
reason why FMVSS No. 205 excludes
[FR Doc. E8–8989 Filed 4–24–08; 8:45 am] item 4A from the rear windows of coupe for daily use, not designed to be used as
BILLING CODE 4910–59–P (hardtop) vehicles is twofold: a family’s primary passenger vehicle,
(1) The breaking of rigid plastic and more of a collector’s piece,
windows in a crash could leave sharp, produced in very low numbers and
DEPARTMENT OF TRANSPORTATION driven a low number of miles.
pointed shards in the window frame
which could easily be contacted by an Lamborghini additionally states that
National Highway Traffic Safety no customer complaints related to this
Administration occupant’s head. There is also concern
about occupant injury resulting from noncompliance have been received.
[Docket No. NHTSA–2008–0067; Notice 1] Lamborghini requested that NHTSA
large shards of rigid plastic glazing
consider its petition and grant an
being propelled inward by vehicle
Automobili Lamborghini SpA, Receipt exemption from the notification and
impacts with trees, poles, or other
of Petition for Decision of recall requirements of the National
vehicles.
Inconsequential Noncompliance Traffic and Motor Vehicle Safety Act on
(2) Second, The reduction in visibility
the basis that the noncompliance
Automobili Lamborghini SpA through rear windows using plastic
described above is inconsequential as it
(Lamborghini), has determined that glazing due to abrasion and weathering
relates to motor vehicle safety.
certain vehicles that it manufactured creates significant safety concerns Lamborghini also states that it has
during the period June 8, 2007 to because a driver may have insufficient corrected the problem that caused these
December 18, 2007, did not fully visibility to avoid a crash in the first errors so that they will not be repeated
comply with paragraph S5.5 of 49 CFR place. in future production.
571.205 Federal Motor Vehicle Safety Lamborghini also stated that it NHTSA notes that the statutory
Standards (FMVSS) No. 205 Glazing believes the noncompliance is provisions (49 U.S.C. 30118(d) and
Materials. Lamborghini has filed an inconsequential to motor vehicle safety 30120(h)) that permit manufacturers to
appropriate report pursuant to 49 CFR in the case of the Superleggera because file petitions for a determination of
part 573, Defect and Noncompliance neither of the safety concerns discussed inconsequentiality allow NHTSA to
Responsibility and Reports. above is present because: exempt manufacturers only from the
Pursuant to 49 U.S.C. 30118(d) and (1) The use of polycarbonate glazing duties found in sections 30118 and
30120(h) (see implementing rule at 49 creates no greater danger because 30120, respectively, to notify owners,
CFR part 556), Lamborghini has FMVSS No. 201 conformance testing purchasers, and dealers of a defect or
petitioned for an exemption from the has shown that a passenger head cannot noncompliance and to remedy the
notification and remedy requirements of physically contact the rear window defect or noncompliance.
49 U.S.C. Chapter 301 on the basis that given its small size and location. Also, Interested persons are invited to
this noncompliance is inconsequential the rear window is so small and located submit written data, views, and
to motor vehicle safety. in a protected position between the arguments on this petition. Comments
This notice of receipt of ‘‘buttresses’’ of the vehicle’s roof such must refer to the docket and notice
Lamborghini’s petition is published that impacts with trees, poles, or other number cited at the beginning of this
under 49 U.S.C. 30118 and 30120 and vehicles, would not create the danger of notice and be submitted by any of the
does not represent any agency decision posed by large shards. following methods:
or other exercise of judgment (2) Reduction in visibility due to a. By mail addressed to: U.S.
concerning the merits of the petition. abrasion and weathering is not an issue Department of Transportation, Docket
Affected are approximately 152 model with the Superleggera. In this vehicle, Operations, M–30, West Building
year 2008 Lamborghini Gallardo the driver’s rear visibility is based on Ground Floor, Room W12–140, 1200
Superleggera coupe passenger cars the twin rear side mirrors. Even with no New Jersey Avenue, SE., Washington,
produced during the period June 8, 2007 abrasion or weathering, the design of the DC 20590.
to December 18, 2007. Paragraph S5.5 of vehicle (and in particular the b. By hand delivery to: U.S.
sroberts on PROD1PC70 with NOTICES

49 CFR 571.205 requires in pertinent ‘‘buttresses’’ of the roof) precludes a Department of Transportation, Docket
part that: large degree of rearward visibility. Operations, M–30, West Building
S5.5 Item 4A Glazing. Item 4A glazing may Lamborghini additionally states that it Ground Floor, Room W12–140, 1200
be used in all areas in which Item 4 safety believes that this situation is common New Jersey Avenue, SE., Washington,
glazing may be used, and also for side for performance sports cars. DC 20590. The Docket Section is open

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