80 FR 64058 - Ford Motor Company, Grant of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 80, Issue 204 (October 22, 2015)
National Highway Traffic Safety Administration
Federal Register Volume 80, Issue 204 (October 22, 2015)
| Page Range | 64058-64060 | |
| FR Document | 2015-26802 |
[Federal Register Volume 80, Number 204 (Thursday, October 22, 2015)] [Notices] [Pages 64058-64060] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-26802] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2013-0144; 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. ----------------------------------------------------------------------- SUMMARY: Ford Motor Company, (Ford) has determined that certain model year (MY) 2014 Ford Focus passenger cars 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. Ford has filed an appropriate report dated November 25, 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, National Highway Traffic Safety Administration (NHTSA), telephone (202) 366-5307, facsimile (202) 366-5930. SUPPLEMENTARY INFORMATION: I. Ford's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 CFR part 556), Ford submitted a petition 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 Ford's petition was published, with a 30-Day public comment period, on June 19, 2014 in [[Page 64059]] the Federal Register (79 FR 35226). 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- 2013-0144.'' II. Vehicles Involved: Affected are approximately 43,699 MY 2014 Ford Focus passenger cars manufactured from August 2, 2013 through September 27, 2013, at Ford's Michigan Assembly Plant in Wayne, Michigan. III. Noncompliance: Ford explains that the noncompliance is that the subject vehicles do not fully meet the requirements of paragraph S3.1.4.1(a) of FMVSS No. 102 because after a vehicle's ignition has been switched on, the transmission shift position indicator (PRNDx) does not display transmission shift position sequence and position, i.e., Park, until after the shifter release button is depressed under certain non-typical conditions. IV. Rule Text: Paragraph S3.1.4.1 of FMVSS No. 102 requires in pertinent part: 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 exist: (a) The ignition is in a position where the transmission can be shifted; or . . . V. Summary of Ford's Analyses Ford explained that this condition can only occur after a non- typical key-on sequence and only when the transmission is in park, and believes that this condition does not present a risk to motor vehicle safety. The following two examples were presented: Example 1: After the cluster enters sleep mode, if an operator, without first opening the door, inserts a key and turns on the ignition from outside the vehicle (e.g., through an open window) and later enters the vehicle, the PRNDx will not be illuminated until the shift lever button is depressed. Example 2: After shutting down a vehicle with the transmission in Park, the driver remains in the vehicle for approximately 10 minutes with the key out of the ignition, and does not contact the brake pedal or open a door, the cluster will go into sleep mode. If the driver then starts the engine in 0.7 seconds or less of performing an action that causes the cluster to wake-up (e.g., touching the brake pedal) the PRNDx will not be illuminated until the shift lever button is depressed. Ford said that as soon as the transmission shift lever release button is depressed (required for shifting to any non-park position) the PRNDx will illuminate, allowing the customer to select the desired gear. Ford also mentioned that under normal usage the PRNDx illuminates as intended. As an example, Ford explained that when the driver or passenger opens a door and enters the car, the cluster will wake-up from sleep mode and the subject condition will not occur. Furthermore, Ford explained that if the vehicle is left in any gear other than park, the cluster will not go into sleep mode, this subject noncompliant condition will not occur, and the PRNDx will illuminate as intended. Lastly, Ford stated that no other Ford vehicles are affected by this condition and Ford is not aware of any owner complaints, accidents or injuries related to this condition. Ford has additionally informed NHTSA that it has corrected the noncompliance so that all future production vehicles will comply with FMVSS No. 102. In summation, Ford believes that the described noncompliance of the subject vehicles is inconsequential to motor vehicle safety, and that its petition, to exempt Ford 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. NHTSA Decision NHTSA Analysis: NHTSA has reviewed Ford's justification for an inconsequential noncompliance determination and agree that the subject noncompliance is inconsequential to motor vehicle safety. Ford stated that the subject condition can only occur after certain non-typical key-on sequences and only when the transmission is in park, thus not presenting a risk to motor vehicle safety. Ford provided two example scenarios that can lead to the subject noncompliance. In both scenarios the instrument cluster electronics defaults to a sleep mode after a short period of inactivity (requires approximately 10 minutes of inactivity). Under the first scenario, while in the sleep mode, if the vehicle operator inserts the ignition key and activates the ignition through an open window, without first opening the door, and later enters the vehicle through the door, the PRNDx will not be illuminated until the shift lever button is depressed. In the second scenario, after driving, stopping, shifting the vehicle to park, shutting the engine off and removing the ignition key, if the driver remains in the vehicle for approximately 10 minutes without contacting the brake pedal or opening a door, the instrument cluster will go into sleep mode. If the driver then starts the engine in 0.7 seconds or less of performing an action that causes the cluster to wake-up (e.g., touching the brake pedal) the PRNDx will not be illuminated until the shift lever button is depressed. Upon consideration of these two scenarios, the Agency believes either could occur, although very infrequently. If either situation did happen to occur, the transmission would be in the park position and any further action by the operator to leave the vehicle or shift the vehicle out of the park position, in preparation to drive away, would resolve the PRNDx illumination condition. The noncompliant situations could only exist for short periods of time while the transmission is in the park position and only until the driver takes further action (i.e., leaves the vehicle, depresses the brake pedal, or activates the shift lever button to shift the vehicle from park). Under these rare situations there appears to be very little risk to motor vehicle safety. Ford explained that as soon as the transmission shift lever release button is depressed, which is required prior to shifting to any non- park position, the PRNDx will illuminate allowing the driver to see and select the desired gear. NHTSA recognizes that if the driver did find themselves in the subject noncompliant condition and attempted a gear change they would have to depress both the brake pedal and the shift lever release button located on the shift lever. Current vehicle designs are required to have a brake transmission shift interlock that forces the driver to depress the brake pedal before the transmission can be shifted from the park position. Either application of the brake pedal or activation of the shift lever release, whichever occurs first, will wake the vehicle dashboard cluster electronics causing the PRNDx to illuminate. The driver is then able to clearly see and select the desired transmission gear position. Ford stated that the PRNDx illuminates as intended under normal vehicle use and explained that when a driver or passenger door is opened the instrument cluster electronics will wake-up from the sleep mode subsequently meeting the illumination requirements of the safety standard. NHTSA agrees that it is normal behavior for a driver (or passenger) to first open a door to enter the vehicle before starting the engine. It is also normal behavior after entering a vehicle for the [[Page 64060]] driver to depress the brake pedal and activate the transmission shift release button in order to shift out of the park position. The subject noncompliance could only occur in very rare situations, and only when the vehicle is in the park transmission position, thus not presenting a risk to motor vehicle safety. Ford lastly stated that if the vehicle is left in any transmission gear other than park, the cluster will not go into sleep mode, the subject condition will not occur, and the PRNDx will illuminate as intended. The Agency understand that if a driver does turn the vehicle off when the transmission is in a gear other than park the instrument cluster electronics will not be allowed to go into a sleep mode and the PRNDx illumination will perform as required by the Standard. NHTSA Decision: In consideration of the foregoing, NHTSA has decided that Ford has met its burden of persuasion that the FMVSS No. 102 noncompliance 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 a remedy for, that noncompliance under 49 U.S.C. 30118 and 30120. 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, any decision on this petition only applies to the subject vehicles that Ford no longer controlled at the time it determined that the noncompliance existed. However, the granting of this petition does not relieve Ford distributors and dealers of the prohibitions on the sale, offer for sale, or introduction or delivery for 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 M. Giuseppe, Director, Office of Vehicle Safety Compliance. [FR Doc. 2015-26802 Filed 10-21-15; 8:45 am] BILLING CODE 4910-59-P
![64058 Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Notices
be considered to the extent possible. correct tire code (including the correct the subject tires that Cooper no longer
When the petition is granted or denied, manufacturer’s identification mark) is controlled at the time it determined that
notice of the decision will be published available on the intended outboard the noncompliance existed. However,
in the Federal Register pursuant to the sidewall. In addition, Cooper stated that any decision on this petition does not
authority indicated below. the tires are marked with the Cooper relieve equipment distributors and
SUPPLEMENTARY INFORMATION: I. Weather-Master S/T2 brand name that is dealers of the prohibitions on the sale,
Overview: Pursuant to 49 U.S.C. exclusively owned by Cooper Tire & offer for sale, or introduction or delivery
30118(d) and 30120(h) (see Rubber Company. for introduction into interstate
implementing rule at 49 CFR part 556), Cooper also indicated that it has taken commerce of the noncompliant tires
Cooper submitted a petition for an the following steps to ensure proper under their control after Cooper notified
exemption from the notification and registration of the subject tires: them that the subject noncompliance
remedy requirements of 49 U.S.C. (a) Cooper has informed all internal existed.
Chapter 301 on the basis that this personnel responsible for manual
Authority: (49 U.S.C. 30118, 30120:
noncompliance is inconsequential to processing of tire registration cards delegations of authority at 49 CFR 1.95 and
motor vehicle safety. about the ‘‘U8’’ issue so that cards 501.8)
This notice of receipt of Cooper’s containing the ‘‘U8’’ designation will be
accepted and properly processed when Jeffrey Giuseppe,
petition is published under 49 U.S.C.
all other information accurately Director, Office of Vehicle Safety Compliance.
30118 and 30120 and does not represent
any agency decision or other exercise of identifies the subject tires. And, Cooper [FR Doc. 2015–26804 Filed 10–21–15; 8:45 am]
judgment concerning the merits of the will follow up with the consumer BILLING CODE 4910–59–P
petition. seeking additional information by
II. Tires Involved: Affected are providing a prepaid response card.
approximately 1,350 Cooper Weather- (b) Cooper is in the process of DEPARTMENT OF TRANSPORTATION
Master S/T2 size 215/70R15 tires modifying its database to accept ‘‘U8’’
when other information (brand, serial National Highway Traffic Safety
manufactured between April 26, 2015 Administration
and May 29, 2015. weeks affected etc.) is accurate.
III. Noncompliance: Cooper explains (c) Cooper has contacted [Docket No. NHTSA–2013–0144; Notice 2]
that the noncompliance is that the Computerized Information and
inboard sidewalls of the subject tires are Management Services, Inc. (CIMS) so Ford Motor Company, Grant of Petition
labeled with an incorrect manufacturer’s that tire registration cards will not be for Decision of Inconsequential
identification mark and therefore do not rejected solely due to improper plant Noncompliance
fully meet all applicable requirements of code information.
Cooper additionally informed NHTSA AGENCY: National Highway Traffic
paragraph S5.5.1(b) of FMVSS No. 139. Safety Administration (NHTSA),
Specifically, the tires are labeled with that on May 29, 2015 the incorrect mold
was pulled and the stamping error that Department of Transportation (DOT).
manufacturer’s identification mark ACTION: Grant of petition.
‘‘U8’’ instead of ‘‘U9.’’ caused the subject noncompliance was
IV. Rule Text: Paragraph S5.5.1 of corrected at that time. SUMMARY: Ford Motor Company, (Ford)
FMVSS No. 139 requires in pertinent Refer to Coopers’ petition for their
has determined that certain model year
part: complete reasoning and any associated
(MY) 2014 Ford Focus passenger cars do
illustrations. The petition and all
S5.5.1 Tire Identification Number. not fully comply with paragraph
supporting documents are available by
* * * * * S3.1.4.1(a) of Federal Motor Vehicle
logging onto the Federal Docket
(b) Tires manufactured on or after Safety Standard (FMVSS) No. 102,
Management System (FDMS) Web site
September 1, 2009. Each tire must be labeled Transmission Shift Position Sequence,
at: http://www.regulations.gov/ and
with the tire identification number required Starter Interlock, and Transmission
following the online search instructions
by 49 CFR part 574 on the intended outboard Braking Effect. Ford has filed an
sidewall of the tire. Except for retreaded tires, to locate the docket number listed in the
appropriate report dated November 25,
either the tire identification number or a title of this notice.
In summation, Cooper believes that 2013 pursuant to 49 CFR part 573,
partial tire identification number, containing Defect and Noncompliance
all characters in the tire identification the described noncompliance of the
number, except for the date code and, at the subject tires is inconsequential to motor Responsibility and Reports.
discretion of the manufacturer, any optional vehicle safety, and that its petition, to ADDRESSES: For further information on
code, must be labeled on the other sidewall exempt Cooper from providing recall this decision contact Amina Fisher,
of the tire. Except for retreaded tires, if a tire notification of noncompliance as Office of Vehicle Safety Compliance,
does not have an intended outboard sidewall, National Highway Traffic Safety
required by 49 U.S.C. 30118 and
the tire must be labeled with the tire Administration (NHTSA), telephone
identification number required by 49 CFR remedying the recall noncompliance as
required by 49 U.S.C. 30120 should be (202) 366–5307, facsimile (202) 366–
part 574 on one sidewall and with either the
tire identification number or a partial tire granted. 5930.
identification number, containing all NHTSA notes that the statutory SUPPLEMENTARY INFORMATION: I. Ford’s
characters in the tire identification number provisions (49 U.S.C. 30118(d) and Petition: Pursuant to 49 U.S.C. 30118(d)
except for the date code and, at the discretion 30120(h)) that permit manufacturers to and 30120(h) (see implementing rule at
of the manufacturer, any optional code, on file petitions for a determination of 49 CFR part 556), Ford submitted a
the other side wall. inconsequentiality allow NHTSA to petition for an exemption from the
tkelley on DSK3SPTVN1PROD with NOTICES
V. Summary of Cooper’s Petition: exempt manufacturers only from the notification and remedy requirements of
Cooper states its belief that the subject duties found in sections 30118 and 49 U.S.C. Chapter 301 on the basis that
noncompliance is inconsequential to 30120, respectively, to notify owners, this noncompliance is inconsequential
motor vehicle safety because while the purchasers, and dealers of a defect or to motor vehicle safety.
subject tires contain an incorrect noncompliance and to remedy the Notice of receipt of Ford’s petition
manufacturer’s identification mark on defect or noncompliance. Therefore, any was published, with a 30-Day public
the inboard sidewall, the full and decision on this petition only applies to comment period, on June 19, 2014 in
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![64060 Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Notices
driver to depress the brake pedal and DEPARTMENT OF TRANSPORTATION issue two notices seeking public
activate the transmission shift release comment on information collection
button in order to shift out of the park Office of the Secretary activities before OMB may approve
position. The subject noncompliance [Docket No. DOT–OST–2010–0054]
paperwork packages. 44 U.S.C. 3506,
could only occur in very rare situations, 3507; 5 CFR 1320.5, 1320.8(d)(1),
and only when the vehicle is in the park RIN 2105–ADO4 1320.12. On April 16, 2015, OST
transmission position, thus not published a 60-day notice in the Federal
Application To Renew Information Register soliciting comment on ICRs for
presenting a risk to motor vehicle safety. Collection Request OMB No. 2105– which the agency was seeking OMB
Ford lastly stated that if the vehicle is 0551 approval. See 80 FR 20554. OST
left in any transmission gear other than received no comments after issuing this
AGENCY: Office of the Secretary (OST),
park, the cluster will not go into sleep notice. Accordingly, the Department has
Department of Transportation
mode, the subject condition will not not made any changes to its anticipated
(Department).
occur, and the PRNDx will illuminate as burden hours for the respondents to
intended. The Agency understand that if ACTION: Notice and request for
comply with these requirements. The
a driver does turn the vehicle off when comments. Department announces that these
the transmission is in a gear other than SUMMARY: In compliance with the information collection activities have
park the instrument cluster electronics Paperwork Reduction Act of 1995 (44 been re-evaluated and certified under 5
will not be allowed to go into a sleep U.S.C. Chapter 35, as amended), the CFR. 1320.5(a) and is forwarding to
mode and the PRNDx illumination will Department of Transportation’s Office of OMB for review and approval pursuant
perform as required by the Standard. the Secretary is forwarding the to 5 CFR 1320.12(c).
Before OMB decides whether to
NHTSA Decision: In consideration of Information Collection Request (ICR)
approve these proposed collections of
the foregoing, NHTSA has decided that described below to the Office of
information, it must provide 30 days for
Ford has met its burden of persuasion Management and Budget (OMB) for
public comment. 44 U.S.C. 3507(b); 5
that the FMVSS No. 102 noncompliance approval. The ICR describes the nature
CFR 1320.12(d). Federal law requires
is inconsequential to motor vehicle of the information and the expected
OMB to approve or disapprove
safety. Accordingly, Ford’s petition is burden. OST published a Federal
paperwork packages between 30 and 60
hereby granted and Ford is exempted Register notice with a 60-day comment
days after the 30-day notice is
period soliciting comments on the published. 44 U.S.C. 3507(b)–(c); 5 CFR
from the obligation of providing
following collection of information on 1320.12(d); see also 60 FR 44978, 44983
notification of, and a remedy for, that
April 16, 2015. The purpose of this (Aug. 29, 1995). OMB believes that the
noncompliance under 49 U.S.C. 30118
notice is to allow the public an 30-day notice informs the regulated
and 30120. additional 30 days from the date of this community to file relevant comments
NHTSA notes that the statutory notice to submit comments to the and affords the agency adequate time to
provisions (49 U.S.C. 30118(d) and recently published application to renew digest public comments before it
30120(h)) that permit manufacturers to ICR 2105–0551, ‘‘Reporting renders a decision. 60 FR 44983 (Aug.
file petitions for a determination of Requirements for Disability-Related 29, 1995). Therefore, respondents
inconsequentiality allow NHTSA to Complaints.’’ should submit their respective
exempt manufacturers only from the DATES: Comments on this notice must be comments to OMB within 30 days of
duties found in sections 30118 and received by November 23, 2015. publication to best ensure their full
30120, respectively, to notify owners, ADDRESSES: Your comments should be consideration. 5 CFR 1320.12(c); see
purchasers, and dealers of a defect or identified by Docket No. DOT–OST– also 60 FR 44983 (Aug. 29, 1995). The
noncompliance and to remedy the 2015–0083 and should be submitted summaries below describe the nature of
defect or noncompliance. Therefore, any through one of the following methods: the ICR and the expected burden.
decision on this petition only applies to • Office of Management and Budget, Title: Reporting Requirements for
the subject vehicles that Ford no longer Attention: Desk Officer for U.S. Disability-Related Complaints.
controlled at the time it determined that Department of Transportation, Office of OMB Control Number: 2105–0551.
the noncompliance existed. However, Type of Request: Renewal of
the Secretary of Transportation, 725
the granting of this petition does not Information Collection Request.
17th Street NW., Washington, DC 20503. Background: On July 8, 2003, the
relieve Ford distributors and dealers of • Email: oira_submission@ Office of the Secretary published a final
the prohibitions on the sale, offer for omb.eop.gov. rule that requires certificated U.S. and
sale, or introduction or delivery for • Fax: (202) 395–5806. foreign air carriers operating to, from
introduction into interstate commerce of FOR FURTHER INFORMATION CONTACT: and within the U.S. that conduct
the noncompliant vehicles under their Maegan Johnson, Office of the General passenger-carrying service utilizing at
control after Ford notified them that the Counsel, Office of the Secretary, U.S. least one large aircraft to record
subject noncompliance existed. Department of Transportation, 1200 complaints that they receive alleging
Authority: 49 U.S.C. 30118, 30120: New Jersey Avenue SE., Washington, inadequate accessibility or
delegations of authority at 49 CFR 1.95 and DC 20590, 202–366–9342 (Voice), 202– discrimination on the basis of disability.
501.8. 366–7152 (Fax), or maegan.johnson@ The carriers must also categorize these
dot.gov (Email). Arrangements to receive complaints according to the type of
Jeffrey M. Giuseppe, this document in an alternative format
tkelley on DSK3SPTVN1PROD with NOTICES
disability and nature of complaint,
Director, Office of Vehicle Safety Compliance. may be made by contacting the above- prepare a summary report annually of
[FR Doc. 2015–26802 Filed 10–21–15; 8:45 am] named individuals. the complaints received during the
BILLING CODE 4910–59–P SUPPLEMENTARY INFORMATION: The preceding calendar year, submit the
Paperwork Reduction Act of 1995 (PRA) report to the Department’s Aviation
and its implementing regulations, 5 CFR Consumer Protection Division, and
part 1320, require Federal agencies to retain copies of correspondence and
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Document Created: 2015-12-14 15:34:07
Document Modified: 2015-12-14 15:34:07
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Grant of petition. | |
| FR Citation | 80 FR 64058 |
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