Ford Motor Company, Grant of Petition for Decision of Inconsequential Noncompliance, 64058-64060 [2015-26802]
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64058
Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Notices
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.
SUPPLEMENTARY INFORMATION: I.
Overview: Pursuant to 49 U.S.C.
30118(d) and 30120(h) (see
implementing rule at 49 CFR part 556),
Cooper 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.
This notice of receipt of Cooper’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.
II. Tires Involved: Affected are
approximately 1,350 Cooper WeatherMaster S/T2 size 215/70R15 tires
manufactured between April 26, 2015
and May 29, 2015.
III. Noncompliance: Cooper explains
that the noncompliance is that the
inboard sidewalls of the subject tires are
labeled with an incorrect manufacturer’s
identification mark and therefore do not
fully meet all applicable requirements of
paragraph S5.5.1(b) of FMVSS No. 139.
Specifically, the tires are labeled with
manufacturer’s identification mark
‘‘U8’’ instead of ‘‘U9.’’
IV. Rule Text: Paragraph S5.5.1 of
FMVSS No. 139 requires in pertinent
part:
S5.5.1 Tire Identification Number.
*
*
*
*
*
tkelley on DSK3SPTVN1PROD with NOTICES
(b) Tires manufactured on or after
September 1, 2009. Each tire must be labeled
with the tire identification number required
by 49 CFR part 574 on the intended outboard
sidewall of the tire. Except for retreaded tires,
either the tire identification number or a
partial tire identification number, containing
all characters in the tire identification
number, except for the date code and, at the
discretion of the manufacturer, any optional
code, must be labeled on the other sidewall
of the tire. Except for retreaded tires, if a tire
does not have an intended outboard sidewall,
the tire must be labeled with the tire
identification number required by 49 CFR
part 574 on one sidewall and with either the
tire identification number or a partial tire
identification number, containing all
characters in the tire identification number
except for the date code and, at the discretion
of the manufacturer, any optional code, on
the other side wall.
V. Summary of Cooper’s Petition:
Cooper states its belief that the subject
noncompliance is inconsequential to
motor vehicle safety because while the
subject tires contain an incorrect
manufacturer’s identification mark on
the inboard sidewall, the full and
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18:05 Oct 21, 2015
Jkt 238001
correct tire code (including the correct
manufacturer’s identification mark) is
available on the intended outboard
sidewall. In addition, Cooper stated that
the tires are marked with the Cooper
Weather-Master S/T2 brand name that is
exclusively owned by Cooper Tire &
Rubber Company.
Cooper also indicated that it has taken
the following steps to ensure proper
registration of the subject tires:
(a) Cooper has informed all internal
personnel responsible for manual
processing of tire registration cards
about the ‘‘U8’’ issue so that cards
containing the ‘‘U8’’ designation will be
accepted and properly processed when
all other information accurately
identifies the subject tires. And, Cooper
will follow up with the consumer
seeking additional information by
providing a prepaid response card.
(b) Cooper is in the process of
modifying its database to accept ‘‘U8’’
when other information (brand, serial
weeks affected etc.) is accurate.
(c) Cooper has contacted
Computerized Information and
Management Services, Inc. (CIMS) so
that tire registration cards will not be
rejected solely due to improper plant
code information.
Cooper additionally informed NHTSA
that on May 29, 2015 the incorrect mold
was pulled and the stamping error that
caused the subject noncompliance was
corrected at that time.
Refer to Coopers’ petition for their
complete reasoning and any associated
illustrations. The petition and all
supporting documents are available by
logging onto the Federal Docket
Management System (FDMS) Web site
at: https://www.regulations.gov/ and
following the online search instructions
to locate the docket number listed in the
title of this notice.
In summation, Cooper believes that
the described noncompliance of the
subject tires is inconsequential to motor
vehicle safety, and that its petition, to
exempt Cooper 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 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
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Fmt 4703
Sfmt 4703
the subject tires that Cooper no longer
controlled at the time it determined that
the noncompliance existed. However,
any decision on this petition does not
relieve equipment distributors and
dealers of the prohibitions on the sale,
offer for sale, or introduction or delivery
for introduction into interstate
commerce of the noncompliant tires
under their control after Cooper notified
them that the subject noncompliance
existed.
Authority: (49 U.S.C. 30118, 30120:
delegations of authority at 49 CFR 1.95 and
501.8)
Jeffrey Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015–26804 Filed 10–21–15; 8:45 am]
BILLING CODE 4910–59–P
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
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition.
AGENCY:
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
SUMMARY:
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Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Notices
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: https://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 nontypical 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
tkelley on DSK3SPTVN1PROD with NOTICES
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
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18:05 Oct 21, 2015
Jkt 238001
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
PO 00000
Frm 00103
Fmt 4703
Sfmt 4703
64059
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
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64060
Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Notices
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.
tkelley on DSK3SPTVN1PROD with NOTICES
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
VerDate Sep<11>2014
18:05 Oct 21, 2015
Jkt 238001
issue two notices seeking public
comment on information collection
Office of the Secretary
activities before OMB may approve
paperwork packages. 44 U.S.C. 3506,
[Docket No. DOT–OST–2010–0054]
3507; 5 CFR 1320.5, 1320.8(d)(1),
RIN 2105–ADO4
1320.12. On April 16, 2015, OST
published a 60-day notice in the Federal
Application To Renew Information
Register soliciting comment on ICRs for
Collection Request OMB No. 2105–
which the agency was seeking OMB
0551
approval. See 80 FR 20554. OST
received no comments after issuing this
AGENCY: Office of the Secretary (OST),
notice. Accordingly, the Department has
Department of Transportation
not made any changes to its anticipated
(Department).
burden hours for the respondents to
ACTION: Notice and request for
comply with these requirements. The
comments.
Department announces that these
information collection activities have
SUMMARY: In compliance with the
been re-evaluated and certified under 5
Paperwork Reduction Act of 1995 (44
CFR. 1320.5(a) and is forwarding to
U.S.C. Chapter 35, as amended), the
Department of Transportation’s Office of OMB for review and approval pursuant
to 5 CFR 1320.12(c).
the Secretary is forwarding the
Before OMB decides whether to
Information Collection Request (ICR)
approve these proposed collections of
described below to the Office of
information, it must provide 30 days for
Management and Budget (OMB) for
public comment. 44 U.S.C. 3507(b); 5
approval. The ICR describes the nature
CFR 1320.12(d). Federal law requires
of the information and the expected
OMB to approve or disapprove
burden. OST published a Federal
paperwork packages between 30 and 60
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
following collection of information on
1320.12(d); see also 60 FR 44978, 44983
April 16, 2015. The purpose of this
(Aug. 29, 1995). OMB believes that the
notice is to allow the public an
30-day notice informs the regulated
additional 30 days from the date of this
community to file relevant comments
notice to submit comments to the
and affords the agency adequate time to
recently published application to renew digest public comments before it
ICR 2105–0551, ‘‘Reporting
renders a decision. 60 FR 44983 (Aug.
Requirements for Disability-Related
29, 1995). Therefore, respondents
Complaints.’’
should submit their respective
DATES: Comments on this notice must be comments to OMB within 30 days of
publication to best ensure their full
received by November 23, 2015.
consideration. 5 CFR 1320.12(c); see
ADDRESSES: Your comments should be
also 60 FR 44983 (Aug. 29, 1995). The
identified by Docket No. DOT–OST–
summaries below describe the nature of
2015–0083 and should be submitted
the ICR and the expected burden.
through one of the following methods:
Title: Reporting Requirements for
• Office of Management and Budget,
Disability-Related Complaints.
Attention: Desk Officer for U.S.
OMB Control Number: 2105–0551.
Department of Transportation, Office of
Type of Request: Renewal of
the Secretary of Transportation, 725
Information Collection Request.
17th Street NW., Washington, DC 20503.
Background: On July 8, 2003, the
• Email: oira_submission@
Office of the Secretary published a final
omb.eop.gov.
rule that requires certificated U.S. and
• Fax: (202) 395–5806.
foreign air carriers operating to, from
FOR FURTHER INFORMATION CONTACT:
and within the U.S. that conduct
Maegan Johnson, Office of the General
passenger-carrying service utilizing at
Counsel, Office of the Secretary, U.S.
least one large aircraft to record
Department of Transportation, 1200
complaints that they receive alleging
New Jersey Avenue SE., Washington,
inadequate accessibility or
DC 20590, 202–366–9342 (Voice), 202–
discrimination on the basis of disability.
366–7152 (Fax), or maegan.johnson@
The carriers must also categorize these
dot.gov (Email). Arrangements to receive complaints according to the type of
this document in an alternative format
disability and nature of complaint,
may be made by contacting the aboveprepare a summary report annually of
named individuals.
the complaints received during the
preceding calendar year, submit the
SUPPLEMENTARY INFORMATION: The
Paperwork Reduction Act of 1995 (PRA) report to the Department’s Aviation
and its implementing regulations, 5 CFR Consumer Protection Division, and
retain copies of correspondence and
part 1320, require Federal agencies to
DEPARTMENT OF TRANSPORTATION
PO 00000
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]]>Agencies
[Federal Register Volume 80, Number 204 (Thursday, October 22, 2015)]
[Notices]
[Pages 64058-64060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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: https://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
