Ford Motor Company, Receipt of Petition for Decision of Inconsequential Noncompliance, 77874-77876 [E8-30132]

Download as PDF 77874 Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Notices the control of ATD and 1,384 have been sold to consumers. Paragraph S6.5(d) of 49 CFR 571.119 requires in pertinent part: S6.5 Tire markings. Except as specified in this paragraph, each tire shall be marked on each sidewall with the information specified in paragraphs (a) through (j) of this section. The markings shall be placed between the maximum section width (exclusive of sidewall decorations or curb ribs) and the bead on at least one sidewall, unless the maximum section width of the tire is located in an area which is not more than one-fourth of the distance from the bead to the shoulder of the tire. If the maximum section width falls within that area, the markings shall appear between the bead and a point one-half the distance from the bead to the shoulder of the tire, on at least one sidewall. The markings shall be in letters and numerals not less than 2 mm (0.078 inch) high and raised above or sunk below the tire surface not less that 0.4 mm (0.015 inch), except that the marking depth shall be not less than 0.25mm (0.010 inch) in the case of motorcycle tires. The tire identification and the DOT symbol labeling shall comply with part 574 of this chapter. Markings may appear on only one sidewall and the entire sidewall area may be used in the case of motorcycle tires and recreational, boat, baggage, and special trailer tires* * * (d) The maximum load rating and corresponding inflation pressure of the tire, shown as follows: (Mark on tires rated for single and dual load): Max load single ll kg (ll lb) at ll kPa (ll psi) cold. Max load dual ll kg (ll lb) at ll kPa (ll psi) cold. (Mark on tires rated only for single load): Max load ll kg (l lb) at ll kPa (ll psi) cold. CMA explained that the subject tires are marketed with the correct maximum load rating and corresponding inflation pressure in both English and Metric units. The affected tires have English units on one sidewall and Metric units on the other sidewall. The noncompliance being that both English and Metric units do not both appear on each sidewall. CMA stated that it believes the noncompliance is inconsequential to motor vehicle safety because correct maximum load rating and corresponding inflation pressure information is marked on each tire in both English and Metric units. Therefore, that information is readily available to anyone who uses the tires. CMA requested that NHTSA consider its petition and grant an exemption from the recall requirements of the National Traffic and Motor Vehicle Safety Act on relieve ATD as distributer of the prohibitions on the sale, offer for sale, or introduction or delivery for introduction into interstate commerce of the noncompliant tires currently under its control. Those tires must be brought into conformance, exported, or destroyed. VerDate Aug<31>2005 17:29 Dec 18, 2008 Jkt 217001 the basis that the noncompliance described above is inconsequential as it relates to motor vehicle safety. 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. Interested persons are invited to submit written data, views, and arguments on this petition. Comments must refer to the docket and notice number cited at the beginning of this notice and be submitted by any of the following methods: a. By mail addressed to: U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. b. By hand delivery to U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. except Federal Holidays. c. Electronically: By logging onto the Federal Docket Management System (FDMS) Web site at http:// www.regulations.gov/. Follow the online instructions for submitting comments. Comments may also be faxed to 1–202– 493–2251. Comments must be written in the English language, and be no greater than 15 pages in length, although there is no limit to the length of necessary attachments to the comments. If comments are submitted in hard copy form, please ensure that two copies are provided. If you wish to receive confirmation that your comments were received, please enclose a stamped, selfaddressed postcard with the comments. Note that all comments received will be posted without change to http:// www.regulations.gov, including any personal information provided. Documents submitted to a docket may be viewed by anyone at the address and times given above. The documents may also be viewed on the Internet at http://www.regulations.gov by following the online instructions for accessing the dockets. DOT’s complete Privacy Act Statement is available for review in the Federal Register published on April 11, 2000 (65 FR 19477–78). The petition, supporting materials, and all comments received before the PO 00000 Frm 00284 Fmt 4703 Sfmt 4703 close of business on the closing date indicated below will be filed and will be considered. All comments and supporting materials received after the closing date will also be filed and will be considered to the extent possible. When the petition is granted or denied, notice of the decision will be published in the Federal Register pursuant to the authority indicated below. Comment closing date: January 20, 2009. Authority: 49 U.S.C. 30118, 30120: delegations of authority at CFR 1.50 and 501.8. Issued on: December 15, 2008. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. E8–30136 Filed 12–18–08; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2008–0183; Notice 1] Ford Motor Company, Receipt of Petition for Decision of Inconsequential Noncompliance Ford Motor Company (Ford) has determined that certain complete model year 2007–2008 Ford Expedition and Lincoln Navigator multipurpose passenger vehicles (MPV) built with the Limousine Builders Package and certain complete 2008 model year Ford Crown Victoria Police Interceptor (CVPI) passenger cars built with two front bucket seats did not fully comply with paragraph S4.3(b) of 49 CFR 571.110, Federal Motor Vehicle Safety Standard (FMVSS) No. 110 Tire Selection and Rims for Motor Vehicles With a GVWR of 4,536 Kilograms (10,000 pounds) or Less. Ford has filed an appropriate report pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility and Reports. Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 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. This notice of receipt of Ford’s, petition is published under 49 U.S.C. 30118 and 30120 and does not represent any agency decision or other exercise of judgment concerning the merits of the petition. Affected are approximately 233 model year 2007–2008 Ford Expedition and Lincoln Navigator MPVs with the E:\FR\FM\19DEN1.SGM 19DEN1 Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Notices Limousine Builders Package (built from September 6, 2006 through March 12, 2008 at Ford’s Michigan Truck Plant) and approximately 34,682 model year 2008 Ford Crown Victoria Police Interceptor passenger cars equipped with two front bucket seats (built from June 27, 2007 through May 7, 2008 at Ford’s St. Thomas Assembly Plant). Paragraph S4.3 of FMVSS No. 110 requires in pertinent part: S4.3 Placard. Each vehicle, except for a trailer or incomplete vehicle, shall show the information specified in S4.3 (a) through (g), and may show, at the manufacturer’s option, the information specified in S4.3 (h) and (i), on a placard permanently affixed to the driver’s side B-pillar. In each vehicle without a driver’s side B-pillar and with two doors on the driver’s side of the vehicle opening in opposite directions, the placard shall be affixed on the forward edge of the rear side door. If the above locations do not permit the affixing of a placard that is legible, visible and prominent, the placard shall be permanently affixed to the rear edge of the driver’s side door. If this location does not permit the affixing of a placard that is legible, visible and prominent, the placard shall be affixed to the inward facing surface of the vehicle next to the driver’s seating position. This information shall be in the English language and conform in color and format, not including the border surrounding the entire placard, as shown in the example set forth in Figure 1 in this standard. At the manufacturer’s option, the information specified in S4.3 (c), (d), and, as appropriate, (h) and (i) may be shown, alternatively to being shown on the placard, on a tire inflation pressure label which must conform in color and format, not including the border surrounding the entire label, as shown in the example set forth in Figure 2 in this standard. The label shall be permanently affixed and proximate to the placard required by this paragraph. The information specified in S4.3 (e) shall be shown on both the vehicle placard and on the tire inflation pressure label (if such a label is affixed to provide the information specified in S4.3 (c), (d), and, as appropriate, (h) and (i)) may be shown in the format and color scheme set forth in Figures 1 and 2 * * * (b) Designated seated capacity (expressed in terms of total number of occupants and number of occupants for each front and rear seat location) * * * In its petition, Ford explained that the noncompliances with FMVSS No. 110 exist due to errors on the tire and loading information placards that it affixed to the vehicles. Ford described the noncompliances as incorrect listing of designated seating positions on the tire and loading information placard. Specifically: 1. Expedition and Navigator vehicles with the Limo Builders Package are built with only two front seats. No rear seats are installed. The tire information placard identifies the seating capacity as five total (two front; three rear) or seven VerDate Aug<31>2005 17:29 Dec 18, 2008 Jkt 217001 total (two front; five rear), instead of two total (two front; zero rear). 2. CVPI passenger cars with two front bucket seats—the designated seating capacity was incorrectly identified as six total (three front; three rear) instead of five total (two front; three rear). Ford also explained its belief that in each of these cases the number of seats and the number of safety belts installed in the vehicle will clearly indicate to the customers the actual seating capacity. Ford also declared its belief that NHTSA has reached a similar conclusion that the presence of seat belts will alert the operators to the number of seating positions in any row of seating. Ford specifically details its reasoning as follows: In the case of the Expedition and Navigator vehicles built with the Limo Builders Package are equipped with only two front seats and two sets of safety belts when delivered to the Qualified Vehicle Modifier (QVM). When the QVM completes the modifications to the vehicles, the final number of seating positions will be specified on the label required to be affixed by the QVM. In the case of the CVPI vehicles that are equipped with front bucket seats, the seats are separated by approximately 11 inches and Ford believes that nearly all of these vehicles will have a center console (typically used to mount police equipment such as lap top computers, communications radios, siren and lighting controls, etc.) installed by the aftermarket upfitters who perform police vehicle conversions. Ford stated that in all cases, the weight capacity, the tire size designation and the cold tire inflation pressure data listed on the tire and loading information placard is correct for the vehicles on which they are installed. Ford additionally stated that because the weight capacity is accurate, it believes that there is no potential for vehicle overloading due to the incorrect value in the designated seating capacity. Ford also stated that it was not aware of any field or owner complaints of misunderstanding of the actual number of seats in these vehicles. Ford also has informed NHTSA that it has corrected the problem that caused these errors so that they will not be repeated in future production. In summation, Ford states that it believes that the noncompliances are inconsequential to motor vehicle safety and that no corrective action is warranted. 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 PO 00000 Frm 00285 Fmt 4703 Sfmt 4703 77875 30120, respectively, to notify owners, purchasers, and dealers of a defect or noncompliance and to remedy the defect or noncompliance. Interested persons are invited to submit written data, views, and arguments on this petition. Comments must refer to the docket and notice number cited at the beginning of this notice and be submitted by any of the following methods: a. By mail addressed to: U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. b. By hand delivery to U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. except Federal Holidays. c. Electronically: by logging onto the Federal Docket Management System (FDMS) Web site at http:// www.regulations.gov/. Follow the online instructions for submitting comments. Comments may also be faxed to 1–202– 493–2251. Comments must be written in the English language, and be no greater than 15 pages in length, although there is no limit to the length of necessary attachments to the comments. If comments are submitted in hard copy form, please ensure that two copies are provided. If you wish to receive confirmation that your comments were received, please enclose a stamped, selfaddressed postcard with the comments. Note that all comments received will be posted without change to http:// www.regulations.gov, including any personal information provided. Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). DOT’s complete Privacy Act Statement is in the Federal Register published on April 11, 2000 (65 FR 19477–78). You may view documents submitted to a docket at the address and times given above. You may also view the documents on the Internet at http:// www.regulations.gov by following the online instructions for accessing the dockets available at that Web site. The petition, supporting materials, and all comments received before the close of business on the closing date indicated below will be filed and will be considered. All comments and E:\FR\FM\19DEN1.SGM 19DEN1 77876 Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Notices supporting materials received after the closing date will also be filed and will be considered to the extent possible. When the petition is granted or denied, notice of the decision will be published in the Federal Register pursuant to the authority indicated below. Comment closing date: January 20, 2009. Authority: 49 U.S.C. 30118, 30120: delegations of authority at CFR 1.50 and 501.8. Issued on: December 15, 2008. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. E8–30132 Filed 12–18–08; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2008–0210; Notice 1] Newell Coach Corporation, Receipt of Petition for Decision of Inconsequential Noncompliance Newell Coach Corporation (Newell), has determined that certain motor homes that it manufactured between June 17, 1996 and August 26, 2008 do not fully comply with paragraph S5.3 of Federal Motor Vehicle Safety Standard (FMVSS) No. 120 Tire Selection and Rims for Motor Vehicles with a GVWR of More than 4,536 Kilograms (10,000 pounds). Newell has filed an appropriate report pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility and Reports. Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 CFR part 556), Newell 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. This notice of receipt of Newell’s petition is published under 49 U.S.C. 30118 and 30120 and does not represent any agency decision or other exercise of judgment concerning the merits of the petition. Affected are approximately 456 motor homes manufactured by Newell between June 17, 1996 and August 26, 2008. Paragraphs S5.3 of FMVSS No. 120 requires in pertinent part: S5.3 Each vehicle shall show the information specified in S5.3.1 and S5.3.2 and, in the case of a vehicle equipped with a non-pneumatic spare tire, the information specified in S5.3.3, in the English language, lettered in block capitals and numerals not VerDate Aug<31>2005 17:29 Dec 18, 2008 Jkt 217001 less than 2.4 millimeters high and in the format set forth following this paragraph. This information shall appear either— (a) After each GAWR listed on the certification label required by Sec. 567.4 or Sec. 567.5 of this chapter; or at the option of the manufacturer, (b) On the tire information label affixed to the vehicle in the manner, location, and form described in Sec. 567.4 (b) through (f) of this chapter as appropriate of each GVWR–GAWR combination listed on the certification label. S5.3.1 Tires. The size designation (not necessarily for the tires on the vehicle) and the recommended cold inflation pressure for those tires such that the sum of the load ratings of the tires on each axle (when the tires’ load carrying capacity at the specified pressure is reduced by dividing by 1.10, in the case of a tire subject to FMVSS No. 109) is appropriate for the GAWR as calculated in accordance with S5.1.2. S5.3.2. Rims. The size designation and, if applicable, the type designation of Rims (not necessarily those on the vehicle) appropriate for those tires. Truck Example—Suitable Tire-Rim Choice GVWR: 7,840 KG (17,289 LB) GAWR: FRONT—2,850 KG (6,280 LB) WITH 7.50–20(D) TIRES, 20x6.00 RIMS AT 520 KPA (75 PSI) COLD SINGLE GAWR: REAR—4,990 KG (11,000 LB) WITH 7.50–20(D) TIRES, 20x6.00 RIMS, AT 450 KPA (65 PSI) COLD DUAL GVWR: 13,280 KG (29,279 LB) GAWR: FRONT—4,826 KG (10,640 LB) WITH 10.00–20(F) TIRES, 20x7.50 RIMS, AT 620 KPA (90 PSI) COLD SINGLE GAWR: REAR—8,454 KG (18,639 LB) WITH 10.00–20(F) TIRES, 20x2.70 RIMS, AT 550 KPA (80 PSI) COLD DUAL* * * Newell explains that the noncompliance is that the tire and rim information lettering on the vehicles’ certification labeling is only 1.8 millimeters high, as opposed to the 2.4 millimeter height required under paragraph S5.3 of FMVSS No. 120. Newell stated that it discovered the noncompliance after investigating an inquiry from National Highway Traffic Safety Administration (NHTSA) concerning readability of the tire and rim information on the vehicles’ certification labels. Newell argues that while the required tire and rim information lettering is only 0.6 mm (about 1/45 of an inch) shorter than the 2.4 mm height required by the standard that it creates no risk to motor vehicle safety. Newell believes that all of the relevant information is set forth on the certification label, and that it is easily readable. Newell further states that for vehicles manufactured from 2002 through 2008, if an operator has difficulty reading the information on the label, the tire inflation information is available in the owner’s manuals provided with the vehicles. PO 00000 Frm 00286 Fmt 4703 Sfmt 4703 Newell additionally stated that it has provided tire inflation information in the Newell’s News, a newsletter that Newell sends to its customers. Newell also points out that the rim size and type are marked on the wheels of the vehicle, and the tire designation is marked on the tires themselves, thus providing a further source for most of the information required by the standard. Newell also believes that NHTSA has previously granted at least one petition for inconsequential noncompliance where the facts were almost identical to those stated in this petition. Moreover, Newell believes that on numerous occasions NHTSA has granted petitions for inconsequential noncompliance where there has been a complete omission of required tire and/or rim information on the certification label. Finally, Newell notes that these vehicles have been on the road for up to 12 years, and the company has not received any consumer complaints regarding an inability to read the tire and rim information on the certification label. Newell also stated that it has corrected the problem that caused these errors so that they will not be repeated in future production. In summation, Newell states that it believes that because the noncompliances are inconsequential to motor vehicle safety that no corrective action is warranted. 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, these provisions only apply to vehicles and equipment that have already passed from the manufacturer to an owner, purchaser, or dealer. Interested persons are invited to submit written data, views, and arguments on this petition. Comments must refer to the docket and notice number cited at the beginning of this notice and be submitted by any of the following methods: a. By mail addressed to: U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. b. By hand delivery to U.S. Department of Transportation, Docket Operations, M–30, West Building E:\FR\FM\19DEN1.SGM 19DEN1

Agencies

[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Notices]
[Pages 77874-77876]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30132]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0183; Notice 1]


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

    Ford Motor Company (Ford) has determined that certain complete 
model year 2007-2008 Ford Expedition and Lincoln Navigator multipurpose 
passenger vehicles (MPV) built with the Limousine Builders Package and 
certain complete 2008 model year Ford Crown Victoria Police Interceptor 
(CVPI) passenger cars built with two front bucket seats did not fully 
comply with paragraph S4.3(b) of 49 CFR 571.110, Federal Motor Vehicle 
Safety Standard (FMVSS) No. 110 Tire Selection and Rims for Motor 
Vehicles With a GVWR of 4,536 Kilograms (10,000 pounds) or Less. Ford 
has filed an appropriate report pursuant to 49 CFR Part 573, Defect and 
Noncompliance Responsibility and Reports.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 
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.
    This notice of receipt of Ford's, petition is published under 49 
U.S.C. 30118 and 30120 and does not represent any agency decision or 
other exercise of judgment concerning the merits of the petition.
    Affected are approximately 233 model year 2007-2008 Ford Expedition 
and Lincoln Navigator MPVs with the

[[Page 77875]]

Limousine Builders Package (built from September 6, 2006 through March 
12, 2008 at Ford's Michigan Truck Plant) and approximately 34,682 model 
year 2008 Ford Crown Victoria Police Interceptor passenger cars 
equipped with two front bucket seats (built from June 27, 2007 through 
May 7, 2008 at Ford's St. Thomas Assembly Plant).
    Paragraph S4.3 of FMVSS No. 110 requires in pertinent part:

    S4.3 Placard. Each vehicle, except for a trailer or incomplete 
vehicle, shall show the information specified in S4.3 (a) through 
(g), and may show, at the manufacturer's option, the information 
specified in S4.3 (h) and (i), on a placard permanently affixed to 
the driver's side B-pillar. In each vehicle without a driver's side 
B-pillar and with two doors on the driver's side of the vehicle 
opening in opposite directions, the placard shall be affixed on the 
forward edge of the rear side door. If the above locations do not 
permit the affixing of a placard that is legible, visible and 
prominent, the placard shall be permanently affixed to the rear edge 
of the driver's side door. If this location does not permit the 
affixing of a placard that is legible, visible and prominent, the 
placard shall be affixed to the inward facing surface of the vehicle 
next to the driver's seating position. This information shall be in 
the English language and conform in color and format, not including 
the border surrounding the entire placard, as shown in the example 
set forth in Figure 1 in this standard. At the manufacturer's 
option, the information specified in S4.3 (c), (d), and, as 
appropriate, (h) and (i) may be shown, alternatively to being shown 
on the placard, on a tire inflation pressure label which must 
conform in color and format, not including the border surrounding 
the entire label, as shown in the example set forth in Figure 2 in 
this standard. The label shall be permanently affixed and proximate 
to the placard required by this paragraph. The information specified 
in S4.3 (e) shall be shown on both the vehicle placard and on the 
tire inflation pressure label (if such a label is affixed to provide 
the information specified in S4.3 (c), (d), and, as appropriate, (h) 
and (i)) may be shown in the format and color scheme set forth in 
Figures 1 and 2 * * *
    (b) Designated seated capacity (expressed in terms of total 
number of occupants and number of occupants for each front and rear 
seat location) * * *

    In its petition, Ford explained that the noncompliances with FMVSS 
No. 110 exist due to errors on the tire and loading information 
placards that it affixed to the vehicles. Ford described the 
noncompliances as incorrect listing of designated seating positions on 
the tire and loading information placard. Specifically:
    1. Expedition and Navigator vehicles with the Limo Builders Package 
are built with only two front seats. No rear seats are installed. The 
tire information placard identifies the seating capacity as five total 
(two front; three rear) or seven total (two front; five rear), instead 
of two total (two front; zero rear).
    2. CVPI passenger cars with two front bucket seats--the designated 
seating capacity was incorrectly identified as six total (three front; 
three rear) instead of five total (two front; three rear).
    Ford also explained its belief that in each of these cases the 
number of seats and the number of safety belts installed in the vehicle 
will clearly indicate to the customers the actual seating capacity. 
Ford also declared its belief that NHTSA has reached a similar 
conclusion that the presence of seat belts will alert the operators to 
the number of seating positions in any row of seating. Ford 
specifically details its reasoning as follows:

    In the case of the Expedition and Navigator vehicles built with 
the Limo Builders Package are equipped with only two front seats and 
two sets of safety belts when delivered to the Qualified Vehicle 
Modifier (QVM). When the QVM completes the modifications to the 
vehicles, the final number of seating positions will be specified on 
the label required to be affixed by the QVM.
    In the case of the CVPI vehicles that are equipped with front 
bucket seats, the seats are separated by approximately 11 inches and 
Ford believes that nearly all of these vehicles will have a center 
console (typically used to mount police equipment such as lap top 
computers, communications radios, siren and lighting controls, etc.) 
installed by the aftermarket upfitters who perform police vehicle 
conversions.

    Ford stated that in all cases, the weight capacity, the tire size 
designation and the cold tire inflation pressure data listed on the 
tire and loading information placard is correct for the vehicles on 
which they are installed. Ford additionally stated that because the 
weight capacity is accurate, it believes that there is no potential for 
vehicle overloading due to the incorrect value in the designated 
seating capacity.
    Ford also stated that it was not aware of any field or owner 
complaints of misunderstanding of the actual number of seats in these 
vehicles.
    Ford also has informed NHTSA that it has corrected the problem that 
caused these errors so that they will not be repeated in future 
production.
    In summation, Ford states that it believes that the noncompliances 
are inconsequential to motor vehicle safety and that no corrective 
action is warranted.
    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.
    Interested persons are invited to submit written data, views, and 
arguments on this petition. Comments must refer to the docket and 
notice number cited at the beginning of this notice and be submitted by 
any of the following methods:
    a. By mail addressed to: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
    b. By hand delivery to U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590. The Docket Section is open on 
weekdays from 10 a.m. to 5 p.m. except Federal Holidays.
    c. Electronically: by logging onto the Federal Docket Management 
System (FDMS) Web site at http://www.regulations.gov/. Follow the 
online instructions for submitting comments. Comments may also be faxed 
to 1-202-493-2251.
    Comments must be written in the English language, and be no greater 
than 15 pages in length, although there is no limit to the length of 
necessary attachments to the comments. If comments are submitted in 
hard copy form, please ensure that two copies are provided. If you wish 
to receive confirmation that your comments were received, please 
enclose a stamped, self-addressed postcard with the comments. Note that 
all comments received will be posted without change to http://
www.regulations.gov, including any personal information provided.
    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). DOT's complete Privacy 
Act Statement is in the Federal Register published on April 11, 2000 
(65 FR 19477-78).
    You may view documents submitted to a docket at the address and 
times given above. You may also view the documents on the Internet at 
http://www.regulations.gov by following the online instructions for 
accessing the dockets available at that Web site.
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated below will 
be filed and will be considered. All comments and

[[Page 77876]]

supporting materials received after the closing date will also be filed 
and will be considered to the extent possible. When the petition is 
granted or denied, notice of the decision will be published in the 
Federal Register pursuant to the authority indicated below.
    Comment closing date: January 20, 2009.

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

    Issued on: December 15, 2008.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E8-30132 Filed 12-18-08; 8:45 am]
BILLING CODE 4910-59-P