80 FR 42604 - Ford Motor Company, Grant of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 80, Issue 137 (July 17, 2015)

Ford Motor Company (Ford) has determined that certain model year (MY) 2013 Ford Fusion and Lincoln MKZ passenger cars built from August 12, 2012 through January 14, 2013 do not fully comply with paragraph S3.1.4.1(a) of Federal Motor Vehicle Safety Standard (FMVSS) No. 102 Transmission Shift Position Sequence, Starter Interlock, and Transmission Braking Effect, or paragraph S5.2.1 of FMVSS No. 114 Theft Protection and Rollaway Prevention. Ford has filed an appropriate report dated March 4, 2013, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports.

[Federal Register Volume 80, Number 137 (Friday, July 17, 2015)]
[Notices]
[Pages 42604-42605]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17506]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0066; Notice 2]


Ford Motor Company, Grant of Petition for Decision of 
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Grant of petition.

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SUMMARY: Ford Motor Company (Ford) has determined that certain model 
year (MY) 2013 Ford Fusion and Lincoln MKZ passenger cars built from 
August 12, 2012 through January 14, 2013 do not fully comply with 
paragraph S3.1.4.1(a) of Federal Motor Vehicle Safety Standard (FMVSS) 
No. 102 Transmission Shift Position Sequence, Starter Interlock, and 
Transmission Braking Effect, or paragraph S5.2.1 of FMVSS No. 114 Theft 
Protection and Rollaway Prevention. Ford has filed an appropriate 
report dated March 4, 2013, pursuant to 49 CFR part 573, Defect and 
Noncompliance Responsibility and Reports.

ADDRESSES: For further information on this decision contact Amina 
Fisher, Office of Vehicle Safety Compliance, the National Highway 
Traffic Safety Administration (NHTSA), telephone (202) 366-5307, 
facsimile (202) 366-7002.

SUPPLEMENTARY INFORMATION: 
    I. Overview: Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the 
rule implementing those provisions at 49 CFR part 556, Ford 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.
    Ford submitted its petition on March 21, 2013. On February 11, 
2014, Ford submitted a petition supplement to clarify how the specific 
vehicles affected do not fully comply with FMVSS No. 102 and FMVSS No. 
114.
    Notice of receipt of the petition was published, with a 30-day 
public comment period, on March 3, 2014, in the Federal Register (79 FR 
11871.) 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-2013-0066.''
    II. Vehicles Involved: Affected are approximately 4,727 MY 2013 
Ford Fusion and Lincoln MKZ passenger cars built from August 12, 2012 
through January 14, 2013 at the Hermosillo Stamping and Assembly Plant 
(HSAP) in Hermosillo, Mexico.
    III. Noncompliance: Ford has determined that because the affected 
vehicles were inadvertently shipped to dealers in the ``Factory Mode'' 
instead of ``Transport Mode,'' the transmission gear selected in 
relation to other gears is not always displayed by the shift position 
sequence indicator (aka, PRNDL) as required by paragraph S3.1.4.1(a) of 
FMVSS No. 102. In addition, the affected Ford Fusion vehicles 
manufactured with mechanical key ignition systems do not fully meet the 
requirements of paragraph S5.2.1 of FMVSS No. 114 because under certain 
conditions the mechanical key may be removed from the ignition lock 
cylinder when the transmission shift lever is in a position other than 
``park.''
    IV. Rule Text: Paragraph S3.1.4.1(a) of FMVSS No. 102 specifically 
states:

    S3.1.4.1 Except as specified in S3.1.4.3, if the transmission 
shift position sequence includes a park position, identification of 
shift positions, including the positions in relation to each other 
and the position selected, shall be displayed in view of the driver 
whenever any of the following conditions exist:
    (a) The ignition is in a position where the transmission can be 
shifted; . . .

    Paragraph S5.2.1 of FMVSS No. 114 specifically states:

    S5.2.1 Except as specified in S5.2.3, the starting system 
required by S5.1 must prevent key removal when tested according to 
the procedures in S6, unless the transmission or gear selection 
control is locked in ``park'' or becomes locked in ``park'' as a 
direct result of key removal.

    V. Summary of Ford's Analyses: Ford stated its belief that the 
subject noncompliance is inconsequential to motor vehicle safety for 
the following reasons:
    1. The vehicle design is self-remedying. The affected vehicles are

[[Page 42605]]

designed to automatically switch from Factory Mode to Transport Mode 
after 60 key cycles (beginning with assembly line initialization). Once 
in Transport Mode the vehicles are fully compliant with FMVSS 
requirements.
    2. While in Factory Mode, affected vehicles clearly display the 
message ``Factory Mode Contact Dealer'' in either the message center or 
instrument cluster. Additionally, the ``Factory Mode Contact Dealer'' 
message does not obscure any regulatory malfunction indicator lamps, or 
(non-mandated) cautionary warnings.
    3. The dealership's Pre-Delivery Inspection instructions require 
dealerships to change the vehicle into Customer Mode, prior to 
delivery, which ensures the condition will be remedied before delivery 
to the customer. Ford is not aware of any of the subject vehicles being 
delivered to customers in Factory Mode.
    4. All other requirements of FMVSS No. 102 and FMVSS No. 114 are 
fully satisfied.
    5. Ford is not aware of any owner complaints, accidents, or 
injuries attributed to this condition.
    Ford has additionally informed NHTSA that it has corrected the 
noncompliance so that all future vehicles will comply with FMVSS Nos. 
102 and 114.
    In summation, Ford believes that the described noncompliance of the 
subject vehicles is inconsequential to motor vehicle safety, and that 
its petition, to exempt from providing recall notification of 
noncompliance as required by 49 U.S.C. 30118 and remedying the recall 
noncompliance as required by 49 U.S.C. 30120 should be granted.

VI. NHTSA Decision

    NHTSA's Analysis of Ford's Arguments: Ford stated that while in 
Factory Mode, affected vehicles clearly display the message ``Factory 
Mode--Contact Dealer'' in a manner that does not obscure any regulatory 
malfunction indicator lamps. If a consumer were to receive a vehicle in 
Factory Mode the aforementioned warning message will alert the driver 
in a clear manner. The consumer would then most likely contact the 
dealer, as instructed, who would provide remedy for the condition. If 
the consumer chose not to contact the dealer, the FMVSS No. 102 
noncompliance of not displaying shift positions would only occur when 
the engine is not running and the battery voltage falls below 12.3 
volts. The PRNDL shift level positions will be properly illuminated 
whenever the engine is running under both stationary and moving 
conditions.
    With regards to the FMVSS No. 114 noncompliance Ford stated that 
while in Factory Mode the mechanical key may be removed from the 
ignition lock cylinder when the transmission shift lever is in a 
position other than ``park'' if the engine is not running and the CAN 
network has entered a hibernation mode after approximately 15 seconds 
of total vehicle electrical inactivity. When a consumer turns their 
vehicle off they are likely to remove the mechanical key from the 
cylinder prior to the vehicle reaching 15 seconds of total electrical 
inactivity. Removing the key prior to these 15 seconds would prevent 
the vehicle from experiencing a condition noncompliant to FMVSS No. 114 
as it would require the transmission control to be shifted to ``park'' 
before key removal.
    Ford stated that dealerships have Pre-Delivery Inspection 
instructions which require them to change vehicles from Transport Mode 
to Customer Mode.\1\ During this inspection, if the dealership finds 
any of the subject vehicles in the Factory Mode the mode will be 
changed directly to the Customer Mode. Actions taken by the dealership 
during the pre-delivery inspection will ensure noncompliant vehicles 
are remedied prior to delivery to the customer. These instructions from 
the manufacturer to their dealerships will help to prevent consumers 
from receiving vehicles not in Customer Mode.
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    \1\ According to Ford, both Transport and Customer Modes are 
fully compliant with all FMVSS No. 102 and FMVSS No. 114 
requirements. The only difference between the two modes is the 
automatic timing set for placing the vehicle into its ``Battery 
Saver'' condition. In the Transport Mode the battery saver condition 
occurs after 1 minute of inactivity to minimize battery drain during 
transport from the OEM factory to the vehicle dealership, whereas, 
in the Customer Mode the battery saver condition occurs after ten 
minutes of inactivity, the timing is extended for customer 
conveniences while parked. Ford also explained that if the vehicle 
were to be inadvertently left in the Transport Mode upon delivery to 
the customer, the vehicle would automatically shift to the Customer 
Mode after 50-62 miles.
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    Lastly, Ford states that the vehicle is designed to be self-
remedying and will automatically switch from Factory Mode to the fully 
compliant Transport Mode after 60 key cycles. If a consumer were to 
receive a vehicle in Factory Mode and decided to ignore the warning 
message, their vehicle would automatically switch to a fully compliant 
mode after the required number of key cycles.
    We believe that drivers of the affected vehicles will be 
sufficiently alerted by the message on the instrument cluster which 
reads ``Factory Mode--Contact Dealer''. Furthermore, if they choose to 
ignore this message, the vehicle is designed to be self-remedying after 
60 ignition key cycles. Considering the unique conditions involved with 
these noncompliances, and Ford's statement about the lack of associated 
complaints, accidents or injuries related to the affected vehicles, 
Ford's noncompliance is considered inconsequential.
    NHTSA's Decision: In consideration of the foregoing, NHTSA has 
decided that Ford has met its burden of persuasion that the 
noncompliance described is inconsequential to motor vehicle safety. 
Accordingly, Ford's petition is hereby granted and Ford is exempted 
from the obligation of providing notification of, and remedy for the 
subject noncompliances.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 
30120(h)) that permit manufacturers to file petitions for a 
determination of inconsequentiality allow NHTSA to exempt manufacturers 
only from the duties found in sections 30118 and 30120, respectively, 
to notify owners, purchasers, and dealers of a defect or noncompliance 
and to remedy the defect or noncompliance. Therefore, this decision 
only applies to the 4,727 vehicles that Ford no longer controlled at 
the time it determined that the noncompliance existed. However, the 
granting of this petition does not relieve vehicle distributors and 
dealers of the prohibitions on the sale, offer for sale, or 
introduction for delivery or introduction into interstate commerce of 
the noncompliant vehicles under their control after Ford notified them 
that the subject noncompliance existed.

    Authority: 49 U.S.C. 30118, 30120: delegations of authority at 
49 CFR 1.95 and 501.8.

Jeffrey Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-17506 Filed 7-16-15; 8:45 am]
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