Ford Motor Company, Grant of Petition for Decision of Inconsequential Noncompliance, 69373-69375 [E9-31080]
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Federal Register / Vol. 74, No. 250 / Thursday, December 31, 2009 / Notices
BILLING CODE 1301–00–D
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 35337]
Paul Didelius—Continuance in Control
Exemption—YCR Corporation
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Paul Didelius (applicant), a
noncarrier, has filed a verified notice of
exemption to continue in control of YCR
Corporation (YCR), upon YCR’s
becoming a Class III rail carrier.
Currently, applicant owns 100 percent
of noncarrier, LRY, LLC D.B.A. Lake
Railway (LRY). LRY concurrently filed
two notices of exemption to lease and
operate: (1) 62.21 miles of railroad
owned by Union Pacific Railroad
Company, consisting of: (a) Part of the
Modoc Subdivison, extending from
milepost 445.6 near MacArthur, CA, to
milepost 506.1, near Perez, CA, and (b)
part of the Lakeview Branch, extending
from milepost 456.89 to milepost 458.60
at Alturas, CA; and (2) 54.45 miles of
railroad owned by Lake County, OR,
extending from milepost 458.60 at
Alturas, to milepost 513.05, at
Lakeview, OR. Once consummation
occurs, on or after January 1, 2010, LRY
will become a Class III carrier.1
YCR, a new corporation owned in part
by applicant (49%) 2 and Stan Patterson
(51%) has been established for the
purpose of leasing and operating a line
of railroad owned by Yakima County,
WA. The subject line extends between
Wesley Junction (Toppenish) and White
Swan, WA, a distance of approximately
20.56 miles. The line was formerly
operated by Washington Central
Railroad Company (WCRC) and Yakima
County acquired the line after WCRC
1 See STB Finance Docket No. 35250, LRY, LLC
D.B.A. Lake Railway—Lease and Operation
Exemption—Union Pacific Railroad Company and
STB Finance Docket No. 35250 (Sub-No. 1), LRY
LLC D.B.A. Lake Railway—Lease and Operation
Exemption—Rail Line in Lake County, OR. The
notices were served and published in the Federal
Register on December 18, 2009 (74 FR 67304–5).
2 According to applicant, as President of YCR, he
is in a position to control YCR.
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15:06 Dec 30, 2009
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was authorized to abandon it. On
December 16, 2009, YCR filed an
application for a modified certificate of
public convenience and necessity in
STB Finance Docket No. 35336, YCR
Corporation—Modified Rail Certificate,
wherein YCR seeks to lease and operate
the line.
This transaction cannot be
consummated until January 17, 2010,
the effective date of the exemption (30
days after the exemption is filed).3
Applicant states that: (1) The rail line
to be acquired by YCR does not connect
with any other railroad in its corporate
family; (2) the transaction is not part of
a series of anticipated transactions that
would connect the rail line with any
other railroad in its corporate family; 4
and (3) the transaction does not involve
a Class I rail carrier.
Therefore, the transaction is exempt
from the prior approval requirements of
49 U.S.C. 11323. See 49 CFR
1180.2(d)(2).
Under 49 U.S.C. 10502(g), the Board
may not use its exemption authority to
relieve a rail carrier of its statutory
obligation to protect the interests of its
employees. Section 11326(c), however,
does not provide for labor protection for
transactions under sections 11324 and
11325 that involve only Class III rail
carriers. Accordingly, the Board may not
impose labor protective conditions here,
because all of the carriers involved are
Class III carriers.
If the verified notice contains false or
misleading information, the exemption
is void ab initio. Petitions to revoke the
exemption under 49 U.S.C. 10502(d)
may be filed at any time. The filing of
a petition to revoke will not
automatically stay the effectiveness of
the exemption. Stay petitions must be
filed no later than January 8, 2010 (at
least 7 days before the exemption
becomes effective).
An original and 10 copies of all
pleadings, referring to STB Finance
3 Applicant states in the notice that he plans to
consummate the transaction on or about January 16,
2010.
4 YCR will operate a rail line in south central
Oregon and LRY will operate rail lines in
northeastern California and southwestern Oregon.
According to applicant, YCR and LRY lines are 380
miles apart.
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Docket No. 35337, must be filed with
the Surface Transportation Board, 395 E
Street, SW., Washington, DC 20423–
0001. In addition, one copy of each
pleading must be served on John D.
Heffner, 1750 K Street, NW., Suite 200,
Washington, DC 20006.
Board decisions and notices are
available on our Web site at: ‘‘https://
www.stb.dot.gov.’’
Decided: December 24, 2009.
By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
Andrea Pope-Matheson,
Clearance Clerk.
[FR Doc. E9–31037 Filed 12–30–09; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2008–0183; Notice 2]
Ford Motor Company, Grant 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) 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.
Notice of receipt of the petition was
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69373
69374
Federal Register / Vol. 74, No. 250 / Thursday, December 31, 2009 / Notices
erowe on DSK5CLS3C1PROD with NOTICES
published, with a 30-day public
comment period, on December 19, 2008,
in the Federal Register (73 FR 77874).
No comments were received. To view
the petition and all supporting
documents log onto the Federal Docket
Management System Web site at:
https://www.regulations.gov/. Then
follow the online search instructions to
locate docket number ‘‘NHTSA–2008–
0183.’’
For further information on this
decision, contact Mr. John Finneran,
Office of Vehicle Safety Compliance, the
National Highway Traffic Safety
Administration (NHTSA), telephone
(202) 366–0645, facsimile (202) 366–
7097.
Affected are approximately 233 model
year 2007–2008 Ford Expedition and
Lincoln Navigator MPVs with the
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
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15:06 Dec 30, 2009
Jkt 220001
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
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Sfmt 4703
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.
Subsequent to submitting the petition
Ford has additionally informed the
agency that none of the subject vehicles
could have been newly purchased by
the general public. The subject Ford
Expedition and Lincoln Navigator MPVs
were sold only to Qualified Vehicle
Modifiers (QVM) approved by Ford.
These modifiers were provided with
specific instructions by Ford to install
new tire information labels if the
information on the labels installed by
Ford are not accurate prior to the first
retail sale of a vehicle. The
modifications normally performed by
QVM require them to install
supplementary certification labels. See
49 CFR 567.7. The subject Ford CVPI
passenger cars could only be ordered by
government agencies and normally have
police equipment mounted on the
center console by vehicle modifiers as
directed by the purchasing agencies.
In summation, Ford states that it
believes that the noncompliances are
inconsequential to motor vehicle safety
and that no corrective action is
warranted.
NHTSA Decision
NHTSA agrees with Ford that this
noncompliance will not have an adverse
effect on vehicle safety. In the agency’s
judgment, the presence of seat belts in
the subject vehicles will alert vehicle
users to the number of intended seating
positions. The presence or absence of
the large center console between the
front bucket seats of the CVPI vehicles
should alert vehicle users to the absence
of seating positions. Because the QVM
normally add additional seating to the
vehicles they alter it is likely that they
will be replacing the labels originally
placed on the Ford Expedition and
Lincoln Navigator vehicles by Ford. If
the QVM do not add additional seating,
the absence of rear seats in the
Expedition and Navigator vehicles with
the Limo Builders Package should alert
vehicle users to the absence of seating
positions.
In consideration of the foregoing,
NHTSA has decided that Ford has met
its burden of persuasion that the subject
FMVSS No. 110 labeling
noncompliances are inconsequential to
motor vehicle safety. Accordingly,
Ford’s petition is granted and the
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Federal Register / Vol. 74, No. 250 / Thursday, December 31, 2009 / Notices
petitioner is exempted from the
obligation of providing notification of,
and a remedy for, the subject
noncompliance under 49 U.S.C. 30118
and 30120.
Authority: 49 U.S.C. 30118, 30120;
delegations of authority at 49 CFR 1.50 and
501.8.
Issued on: December 23, 2009.
Claude Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E9–31080 Filed 12–30–09; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 35333]
Burlington Shortline Railroad, Inc.
d/b/a Burlington Junction Railway—
Lease and Operation Exemption—
BNSF Railway Company
erowe on DSK5CLS3C1PROD with NOTICES
Burlington Shortline Railroad, Inc. d/
b/a Burlington Junction Railway (BJRY),
a Class III carrier, has filed a verified
notice of exemption under 49 CFR
1150.41 to lease and to operate,
pursuant to a lease agreement
(Agreement) entered into on December
4, 2009, with BNSF Railway Company
(BNSF), approximately 3.5 miles of
BNSF’s rail line (the Valley Park Lines),
and currently operated by Missouri and
Valley Park Railroad (MVPR),1 between
milepost 18.36 and milepost 20.50, near
West Valley Park, St. Louis County,
MO.2
BJRY states that the Valley Park Lines
connect with BNSF’s Cuba Subdivision
Main Line at milepost 18.36. BJRY also
states that its Agreement does not
prohibit BJRY from interchanging with
other carriers. The Agreement does
contain a provision requiring BJRY to
remit supplemental rent to BNSF for
each carload originating or terminating
on the Valley Park Lines that is
interchanged with a carrier other than
BNSF. Accordingly, BJRY has
concurrently filed with its notice a
complete version of the Agreement,
marked ‘‘confidential’’ and submitted
under seal pursuant to 49 CFR
1104.14(a) and 1150.43(h)(1)(ii).
BJRY certifies that its projected
annual revenues as a result of this
transaction would not result in BJRY
1 MVPR’s operations on the Valley Park Lines will
terminate on January 29, 2010.
2 The rail properties being leased consist of
industrial trackage and yard office buildings located
on the South Side of BNSF’s Cuba Subdivision
Main Line, including all of BNSF’s trackage and
other improvements located adjacent to BNSF’s
Main Line, and an office building owned by BNSF
located at 2150 Bowles Avenue, in Fenton, MO.
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15:06 Dec 30, 2009
Jkt 220001
becoming a Class II or Class I rail carrier
and further certifies that its projected
revenues will not exceed $5 million.
BJRY states that it intends to assume
operation of the Valley Park Lines and
related properties on or about January
30, 2010. The earliest this transaction
may be consummated is January 14,
2010, the effective date of the exemption
(30 days after the exemption was filed).
If the verified notice contains false or
misleading information, the exemption
is void ab initio. Petitions to revoke the
exemption under 49 U.S.C. 10502(d)
may be filed at any time. The filing of
a petition to revoke will not
automatically stay the effectiveness of
the exemption. Petitions for stay must
be filed no later than January 7, 2010 (at
least 7 days before the exemption
becomes effective).
An original and 10 copies of all
pleadings, referring to STB Finance
Docket No. 35333, must be filed with
the Surface Transportation Board, 395 E
Street, SW., Washington, DC 20423–
0001. In addition, a copy of each
pleading must be served on James H.M.
Savage, Of Counsel, John D. Heffner,
PLLC, 1750 K Street, NW., Suite 200,
Washington, DC 20006.
Board decisions and notices are
available on our Web site at https://
www.stb.dot.gov.
Decided: December 24, 2009.
By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
Andrea Pope-Matheson,
Clearance Clerk.
[FR Doc. E9–31038 Filed 12–30–09; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 34554 (Sub-No.
12)]
Union Pacific Railroad Company—
Temporary Trackage Rights
Exemption—BNSF Railway Company
Pursuant to a modified written
trackage rights agreement dated
December 15, 2009, BNSF Railway
Company (BNSF) has agreed to extend
the December 31, 2009 expiration date
of the local trackage rights granted to the
Union Pacific Railroad Company (UP) 1
1 UP submits that the trackage rights being
granted here are only temporary rights, but, because
they are ‘‘local’’ rather than ‘‘overhead’’ rights, they
do not qualify for the Board’s class exemption for
temporary trackage rights at 49 CFR 1180.2(d)(8).
See Railroad Consolidation Procedures, 6 S.T.B.
910 (2003). Therefore, UP concurrently has filed a
petition for partial revocation of this exemption in
STB Finance Docket No. 34554 (Sub-No. 13), Union
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69375
over a BNSF line of railroad extending
from BNSF milepost 579.3 near Mill
Creek, OK, to BNSF milepost 631.1 near
Joe Junction, TX, a distance of
approximately 52 miles.2
The transaction is scheduled to be
consummated on January 22, 2010.
The purpose of this transaction is to
modify the temporary trackage rights
exempted in STB Finance Docket No.
34554 (Sub-No. 10) to further extend the
expiration date to on or about December
18, 2010. The modified trackage rights
will permit UP to continue to move
loaded and empty ballast trains for use
in its maintenance-of-way projects.
As a condition to this exemption, any
employee affected by the trackage rights
will be protected by the conditions
imposed in Norfolk and Western Ry.
Co.—Trackage Rights—BN, 354 I.C.C.
605 (1978), as modified in Mendocino
Coast Ry., Inc.—Lease and Operate, 360
I.C.C. 653 (1980).
This notice is filed under 49 CFR
1180.2(d)(7). If it contains false or
misleading information, the exemption
is void ab initio. Petitions to revoke the
Pacific Railroad Company–Temporary Trackage
Rights Exemption–BNSF Railway Company,
wherein UP requests that the Board permit the
proposed local trackage rights arrangement
described in the present proceeding to expire on or
about December 18, 2010, as provided in the
parties’ agreement. That petition will be addressed
by the Board in a separate decision.
2 The trackage rights were originally granted in
Union Pacific Railroad Company–Temporary
Trackage Rights Exemption–The Burlington
Northern and Santa Fe Railway Company, STB
Finance Docket No. 34554 (STB served Oct. 7,
2004). Subsequently, the parties filed notices of
exemption several times based on their agreements
to extend expiration dates of the same trackage
rights. See STB Finance Docket No. 34554 (Sub-No.
2) (decision served February 11, 2005); STB Finance
Docket No. 34554 (Sub-No. 4) (decision served
March 3, 2006); STB Finance Docket No. 34554
(Sub-No. 6) (decision served January 12, 2007); STB
Finance Docket No. 34554 (Sub-No. 8) (decision
served January 4, 2008); and STB Finance Docket
No. 34554 (Sub-No. 10) (decision served January 8,
2009). Because the original and subsequent trackage
rights notices were filed under the class exemption
at 49 CFR 1180.2(d)(7), under which trackage rights
normally remain effective indefinitely, in each
instance the Board granted partial revocation of the
class exemption to permit the authorized trackage
rights to expire. See STB Finance Docket No. 34554
(Sub-No. 1) (decision served November 24, 2004);
STB Finance Docket No. 34554 (Sub-No. 3)
(decision served March 25, 2005); STB Finance
Docket No. 34554 (Sub-No. 5) (decision served
March 23, 2006); STB Finance Docket No. 34554
(Sub-No. 7) (decision served March 13, 2007); STB
Finance Docket No. 34554 (Sub-No. 9) (decision
served March 20, 2008); and STB Finance Docket
No. 34554 (Sub-No. 11) (decision served March 11,
2009). At the time of the extension authorized in
STB Finance Docket No. 34554 (Sub-No. 10), the
parties anticipated that the authority to allow the
rights to expire would be exercised by December 31,
2009. However, the parties filed on December 18,
2009 in STB Finance Docket No. 34554 (Sub-No.
12) their most recent notice of exemption to allow
the trackage rights to be extended to on or about
December 18, 2010, which we are addressing here.
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]]>Agencies
[Federal Register Volume 74, Number 250 (Thursday, December 31, 2009)]
[Notices]
[Pages 69373-69375]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-31080]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2008-0183; Notice 2]
Ford Motor Company, Grant 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) 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. Notice of receipt of the
petition was
[[Page 69374]]
published, with a 30-day public comment period, on December 19, 2008,
in the Federal Register (73 FR 77874). No comments were received. To
view the petition and all supporting documents log onto the Federal
Docket Management System Web site at: https://www.regulations.gov/. Then
follow the online search instructions to locate docket number ``NHTSA-
2008-0183.''
For further information on this decision, contact Mr. John
Finneran, Office of Vehicle Safety Compliance, the National Highway
Traffic Safety Administration (NHTSA), telephone (202) 366-0645,
facsimile (202) 366-7097.
Affected are approximately 233 model year 2007-2008 Ford Expedition
and Lincoln Navigator MPVs with the 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.
Subsequent to submitting the petition Ford has additionally
informed the agency that none of the subject vehicles could have been
newly purchased by the general public. The subject Ford Expedition and
Lincoln Navigator MPVs were sold only to Qualified Vehicle Modifiers
(QVM) approved by Ford. These modifiers were provided with specific
instructions by Ford to install new tire information labels if the
information on the labels installed by Ford are not accurate prior to
the first retail sale of a vehicle. The modifications normally
performed by QVM require them to install supplementary certification
labels. See 49 CFR 567.7. The subject Ford CVPI passenger cars could
only be ordered by government agencies and normally have police
equipment mounted on the center console by vehicle modifiers as
directed by the purchasing agencies.
In summation, Ford states that it believes that the noncompliances
are inconsequential to motor vehicle safety and that no corrective
action is warranted.
NHTSA Decision
NHTSA agrees with Ford that this noncompliance will not have an
adverse effect on vehicle safety. In the agency's judgment, the
presence of seat belts in the subject vehicles will alert vehicle users
to the number of intended seating positions. The presence or absence of
the large center console between the front bucket seats of the CVPI
vehicles should alert vehicle users to the absence of seating
positions. Because the QVM normally add additional seating to the
vehicles they alter it is likely that they will be replacing the labels
originally placed on the Ford Expedition and Lincoln Navigator vehicles
by Ford. If the QVM do not add additional seating, the absence of rear
seats in the Expedition and Navigator vehicles with the Limo Builders
Package should alert vehicle users to the absence of seating positions.
In consideration of the foregoing, NHTSA has decided that Ford has
met its burden of persuasion that the subject FMVSS No. 110 labeling
noncompliances are inconsequential to motor vehicle safety.
Accordingly, Ford's petition is granted and the
[[Page 69375]]
petitioner is exempted from the obligation of providing notification
of, and a remedy for, the subject noncompliance under 49 U.S.C. 30118
and 30120.
Authority: 49 U.S.C. 30118, 30120; delegations of authority at
49 CFR 1.50 and 501.8.
Issued on: December 23, 2009.
Claude Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E9-31080 Filed 12-30-09; 8:45 am]
BILLING CODE 4910-59-P
