
[Federal Register Volume 77, Number 22 (Thursday, February 2, 2012)]
[Notices]
[Pages 5301-5302]
From the Federal Register Online via the Government Printing 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


