[Federal Register Volume 77, Number 22 (Thursday, February 2, 2012)]
[Notices]
[Pages 5301-5302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2306]
[[Page 5301]]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2012-0005; Notice 1]
Ford Motor Company, Receipt of Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Receipt of petition.
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SUMMARY: Ford Motor Company \1\ (Ford) has determined that certain
model year 2011 Ford E-150, E-250, E-350 and E-450 motor vehicles
manufactured between May 12, 2011 and May 25, 2011, do not fully comply
with paragraph S5.1 of Federal Motor Vehicle Safety Standard (FMVSS)
No. 205, Glazing Materials. Ford has filed an appropriate report
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility
and Reports (dated August 22, 2011).
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\1\ Ford Motor Company is a motor vehicle manufacturer
incorporated under the laws of the state of Delaware.
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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 4,532 model year 2011 Ford E-150, E-250,
E-350 and E-450 trucks manufactured between May 12, 2011 and May 25,
2011 at Ford's Ohio assembly plant are affected.
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 the 4,532 \2\ subject vehicles that Ford no longer
controlled at the time it determined that the noncompliance existed.
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\2\ Ford's petition, which was filed under 49 CFR part 556,
requests an agency decision to exempt Ford as a vehicle manufacturer
from the notification and recall responsibilities of 49 CFR part 573
for the 4,532 affected vehicles. However, a decision on this
petition cannot relieve vehicle distributors and dealers of the
prohibitions on the sale, offer for sale, introduction or delivery
for introduction into interstate commerce of the noncompliant
vehicles under their control after Ford notified them that the
subject noncompliance existed.
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Ford described the noncompliance as the formation of air bubbles in
the windshields when subjected to high temperatures specified in
paragraph S5.1 of FMVSS No. 205.
Paragraph S5.1 of FMVSS No. 205 requires in pertinent part:
S5.1 Glazing materials for use in motor vehicles must conform to
ANSI/SAE Z26.1-1996 unless this standard provides otherwise.
S5.1.1 Multipurpose passenger vehicles. Except as otherwise
specifically provided by this standard, glazing for use in
multipurpose passenger vehicles shall conform to the requirements
for glazing for use in trucks as specified in ANSI/SAE Z26.1-1996 *
* *
Ford expressed its belief that only approximately 100 of the 4,532
subject vehicles may actually develop air bubbles in their windshields.
Ford argues that paragraph S5.1 of FMVSS No. 205 specifies meeting
the requirements of ANSI Z26.1-1996 Section 5.4 Boil, Test 4. The
affected paragraph 5.4.3 ``Interpretation of Results'' states ``The
glass itself may crack in this test, but no bubbles or other defects
shall develop more than 13 mm from the outer edge of the specimen or
from any cracks that may develop.'' Although the affected windshields
may develop air bubbles, Ford believes this condition does not present
a risk to motor vehicle safety for the reasons described below.
The initiation of the air bubbles will most likely occur when the
vehicle is parked in the sun with ambient temperatures greater than
80[emsp14][deg]F, and they occur very early in the life of the vehicle.
This was the case for the initial vehicles that exhibited the condition
while still at the assembly plant, that was experiencing high seasonal
temperatures at the time. Of the 41 field reports of the condition that
had occurred as of August 16, 2011, only one occurred subsequent to
delivery to a customer. All other field reports were found during pre-
delivery vehicle preparation.
The appearance of the air bubbles is a slow process, and there are
no reports of air bubbles affecting the entire windshield. If bubbles
do occur in the driver vision zone, the vision zone is initially only
partially affected. This condition would be noticed by the customer
prior to a significant spread of the air bubbles, and the customer
would seek repair under Ford's normal 3/36 warranty.
Ford is not aware of accidents or injuries attributed to this
condition.
In summation, Ford believes that the described noncompliance of its
vehicles to meet the requirements of FMVSS No. 225 is inconsequential
to motor vehicle safety, and that its petition, to exempt from
providing recall notification of noncompliance as required by 49 U.S.C.
30118 and remedying the recall noncompliance as required by 49 U.S.C.
30120 should be granted.
Comments: 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.
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
[[Page 5302]]
Federal Register published on April 11, 2000 (65 FR 19477-78).
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 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.
DATES: Comment closing date: March 5, 2012.
Authority: 49 U.S.C. 30118, 30120: delegations of authority at
CFR 1.50 and 501.8.
Issued on: January 27, 2012.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2012-2306 Filed 2-1-12; 8:45 am]
BILLING CODE 4910-59-P