
[Federal Register: December 19, 2008 (Volume 73, Number 245)]
[Notices]               
[Page 77874-77876]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19de08-200]                         

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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
